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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Stevo55 on August 30, 2024, 07:48:42 pm

Title: Re: Code 46: stopped where prohibited , Tolworth Rise South KT5
Post by: Incandescent on August 31, 2024, 06:34:21 pm

To be honest, I don't think you'd win on the sign, you need something stronger.

Title: Re: Code 46: stopped where prohibited , Tolworth Rise South KT5
Post by: Stevo55 on August 31, 2024, 01:59:25 pm

Thanks for the feedback guys.

would you still recommend submitting a weak appeal? And then i guess crossing my fingers. Or just take hit now and pay reduced rate.

Title: Re: Code 46: stopped where prohibited , Tolworth Rise South KT5
Post by: H C Andersen on August 31, 2024, 08:19:17 am

The sign is correct IMO.

It comprises 3 panels and markings.

Top panel: States Red Route as required;
Middle: States the details of the prohibition, in this case No Stopping Mon-Sat 7am-7pm;
Lower panel: list any exemptions to the prohibition, in this case parking between the hours of 7am-4pm for up to 1 hour with no return within 2 or is it 3 hours, it's too blurred on my device.

Markings: because the exemption applies for only part of the prohibited hours the markings are in red.

Can't see a defence here.

Title: Re: Code 46: stopped where prohibited , Tolworth Rise South KT5
Post by: Incandescent on August 30, 2024, 10:14:15 pm

The sign is contradictory. It says "No Stopping Mon-Sat 7am to 7pm, but then the next panel says you can park between 7am to 4 pm for one hour. For me this is confusing, the real restriction is actually No Stopping 4pm to 7 pm, with parking restricted to one hour 7am to 4pm. Outside these times one can park for any time, and there are no restrictions on Sundays.

Wait a bit to see what others say, as I may be wrong with my interpretation of the sign. There also may be a 'technical' appeal based on the PCN and TfL management of the enforcement process.

Title: Code 46: stopped where prohibited , Tolworth Rise South KT5
Post by: Stevo55 on August 30, 2024, 07:48:42 pm

Hi all,

I rceieved pcn from TFL today.


https://imgur.com/a/oHhuHKc


I recognize the spot, its sliproad off the A3. Theres a parade of shops with red route parking bays.


I stopped for the shop ,  there was sign pole with restrictions on it( i parked right next to it) but didnt read it. I just assumed wrongly that always get 1 hour.


https://imgur.com/a/WctJcC0


Your not allowed stop between 4-7pm , i was there 5.30pm. Caught by CCTV camera.

I read up little and found out TFL can do this now since ruling in their favour on red route bays and cctv.

It was genuwine error on my part , £80 is a big hit to take.

Is this still worth an appeal?

I have put urls for pic front of PCN and picture of signage i grabbed from.google street view.

Google street view of redroute bay area

https://maps.app.goo.gl/w3LaxpQNmSujw6Wu5?g_st=ac

Any advice will be appreciated.