Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Luck on August 24, 2023, 06:09:32 pm

Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: Luck on November 22, 2023, 03:22:25 pm
Thanks @cp8759
Your amazing

Will keep you posted
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: cp8759 on November 22, 2023, 02:57:56 pm
If the notice of rejection was lost in the post, there is no guarantee this won't happen for the order for recovery as well. If you miss the order for recovery, it can be hard to impossible to get things back on track, so you can't run that risk.

The PCN is sat at £240 at the moment, keep an eye on https://tfl.gov.uk/modes/driving/challenge-a-pcn (check at least once a week) and as soon as it goes up to £249, you can download form TE9 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf), fill it in (remember the applicant is the council, not you) and tick the box to say you made representations and never got the notice of rejection. You don't have to print the form off, as the court will accept a typed signature.

Once the form is filled in, email it to tec@justice.gov.uk with the PCN number in the subject line.

When the amount due on the TFL website drops back down to £160, it means TEC has served a revoking order on TFL. Let us know when this happens (you'll need to check once every 10 days or so after you've emailed TEC) and we'll help with the next steps.

Any questions please ask.
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: Luck on November 22, 2023, 02:31:47 pm
Hi all and especially @cp8759

I was shocked to receive today the letter after a few month not hearing back from them saying that I need to pay now £240

I never got a rejection to my appeal. this is the first letter after my appeal back in August, they never gave me the option that i can pay £80 or £160 it jumped straight up to £240

I can see on the status history that they rejected it already 17th oct, but I never received a letter for this.

Anything I can do?

Please see attached the letter and status history

[attachment deleted by admin]
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: Luck on September 14, 2023, 03:24:18 pm
Here is the Video i got from TFL

https://www.dropbox.com/scl/fi/gz9aehbym3kab779eqnw1/2611930.mkv?rlkey=cupegs01resg2et55jzx6s565&dl=0
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: Luck on August 27, 2023, 06:06:31 pm
Wow
@cp8759 Your amazing!!!

Done the first 2 steps as instructed, Will call them Tuesday.

Will keep you updated along the case.

Many thanks
 
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: cp8759 on August 27, 2023, 05:47:25 pm
Make a representation on the TFL website:

Dear Transport for London,

I challenge liability on the basis of the panel decision in Commercial Plant Services Ltd and others v Transport for London (2230177189, 21 July 2023). It follows that the PCN must be cancelled.

Yours faithfully,

Keep a screenshot of the confirmation screen.

Also send an email to generaloffice@administrativecourtoffice.justice.gov.uk

Subject: The King on the application of Transport for London v London Tribunals (Environment and Traffic Adjudicators) - CO/2884/2023

Dear Administrative Court Office,

I am aware that Transport for London is seeking to challenge the decision by a panel of London Tribunals adjudicators in the case of Commercial Plant Services Ltd and others v Transport for London (2230060716, 25 May 2023). I am in receipt of an impacted penalty charge notice issued by Transport for London, which Transport for London seeks to enforce against me and which is currently under challenge, I therefore consider that I have a direct interest in the outcome of the judicial review.

I am not in a position to make a formal application on form N244 as the irrecoverable costs would be prohibitive.

Yours faithfully,

Lastly call TFL on Tuesday and ask them to send you a copy of the footage, they will send you a DVD in the post.
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: DancingDad on August 25, 2023, 08:36:25 am
You probably have an out given current Judicial Review and anticipated result... hopefully will say that cameras cannot be used in bays.
Which I would challenge using that cameras are not allowed, if only to delay matters a little.

Re the turned sign.
A turned sign can be used to justify stopping...which is the contravention.
But being as motorists are supposed to check signs, even if facing the wrong way, parking is more difficult to argue.
IE, I could not see the sign, stopped, read it, left once I realised I could not park... can be valid.
I could not see the sign, parked anyway and didn't check it....hasn't the same effect.

See what others think
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: Luck on August 24, 2023, 10:01:30 pm
Hi all

Thanks for replying,

Sorry for not being clear, The PCN was issued by a street camera not by a warden.

See below the PCN and location

Thanks again and waiting to hear back.

https://goo.gl/maps/NCR7m5FzAhzt1WYh6

[attachment deleted by admin]
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: Pastmybest on August 24, 2023, 09:31:36 pm
Post the PCN
Title: Re: Tfl PCN - parked in bay but sign was turned around
Post by: John U.K. on August 24, 2023, 06:47:40 pm
We need to see all sides of the PCN - was it affixed to the vehicle or sent by post? Only redact name and address if postal, otherwise leave everything in.

Also please post a GSV link top the location.
Title: Tfl PCN - parked in bay but sign was turned around
Post by: Luck on August 24, 2023, 06:09:32 pm
Hi
I have parked in a TFL Red Route parking bay at 4:17pm not knowing that after 4 parking is not permitted
I received the PCN so I head back to the parking bay and noticed the Signage was turned away, so when I parked my car I couldn't of seen the Sign.
Is there anyway of appealing the ticket?
I've attached pictures hope you can see it, its my first time on this site


[attachment deleted by admin]