Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Barnet on June 15, 2023, 11:31:20 am
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Appealing by way of judicial review or asking the Tribunal for a review?
This is what hap[pened to TfL's last application to the Tribunal for a review (scroll down)
https://drive.google.com/file/d/1MuUHGsMkemuPt6esWEcWyTHmCzG47ssT/view
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TFL have actually advised that they are appealing both this and the panel decision in May.
I guess they are trying to fight this all the way.
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Hi all,
As expected the PCN was cancelled.
I find that, following the coming into force of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, there is no power to serve a penalty charge notice on the basis of evidence from a prescribed camera device for the contravention of being stopped where prohibited on a red route, other than in the case of being stopped on single or double red lines.
This is in accordance with the panel hearing decision entered on 25 May 2023 in appeal number 2230060716 and in a number of other appeals considered by the panel in its decision.
The appeal is, therefore, allowed.
Thank you all!
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Thanks again!!
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Just call the call centre in the morning and ask them to change the case to a telephone hearing, the number is 0207 520 7200.
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Thanks! How do I do that?
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Change that to a telephone hearing. You should either attend yourself or I'm happy to act as your representative.
There is a good example here http://forums.pepipoo.com/index.php?showtopic=149680 which shows why you should never opt for a postal hearing, no matter how clear and straightforward a case might appear.
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On paper
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Have you requested a hearing or a decision on the papers?
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Yes, for the 21st.
I have written in quoting the latest case, and hopefully the adjudicators will find similar fault with TFL
Thanks for your help
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Has the case been scheduled for a hearing yet?
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Thank you!
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This is the Panel Decision:-
[attachment deleted by admin]
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Hi all,
I had a topic up in Pepipoo and am at adjudicator stage for a PCN issued by TFL for red route by CCTV. I have attached a print out of the archived topic.
[attach=1]
I understand there was a recent case where TFL challenged their right to issue PCN by CCTV, and would be gratful if anyone could advise further.
Thanks!
PCN
https://i.imgur.com/vs0Uemn.png
https://i.imgur.com/AEY03fP.png
Pics
https://i.imgur.com/F6IQ5ok.jpg
https://i.imgur.com/Hv8gr16.jpg
https://i.imgur.com/Ytn9b6w.jpg
Google street view
https://www.google.co.uk/maps/@51.572982,-0...6384!8i8192
Appeal
Dear Transport for London,
I challenge liability on the basis that the penalty demanded exceeds the amount due in the circumstances of the case. The alleged contravention is "Stopped where prohibited (on a red route or clearway)", but this is not a civil contravention because there is no corresponding offence under paragraph 3(2) of Schedule 7 to the Traffic Management Act 2004. It follows that the only penalty that may be demanded is nil, and the PCN must be cancelled.
Furthermore service of a postal PCN in these circumstances is unlawful. Regulation 11 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 only permits service of a postal PCN on a red route where the road is marked in accordance with either diagram 1018.2 at item 11 or diagram 1017.1 at item 12 in Part 4 of Schedule 7 to the Traffic Signs Regulations, the section of road where my vehicle was filmed is not marked with either of these and in such circumstances, the power to serve a postal PCN does not arise. It follows that service of a postal PCN in this case amounts to a procedural impropriety and the penalty must be cancelled.
TFL is well aware of these issue having had them drawn to its attention in numerous tribunal ruling, including Chief Adjudicator Anthony Chan in Gregory Orford v Transport for London (2220689027, 09 January 2023). Adjudicator Chan went as far as saying that "[TFL's] conduct of the proceedings was nothing short of scandalous. I will be making an order for costs under separate cover."
In the circumstances, TFL will appreciate that it would be wholly unreasonable to issue the usual templated Notice of Rejection that merely drones on and on about the merits of red route enforcement, and should that route be pursued the authority will be facing a costs application at the tribunal stage.
Yours faithfully,
Rejection
Will upload when I find it as it was on the Pepipoo site
[attachment deleted by admin]