I've looked at the video, here is a draft representation:
Dear Transport for London,
At the time of the alleged contravention, my vehicle was stopped for the purpose of loading or unloading goods, in accordance with section 15(3)(d) of the Greater London Council (General Powers) Act 1974.
It follows that the alleged contravention did not occur, and the penalty charge should be cancelled.
Yours faithfully,
I doubt TfL will accept it, but you have a reasonable chance at the tribunal.
Thanks so much CP. I've used your template and sent off the appeal. Will update when I get a response
I've looked at the video, here is a draft representation:
Dear Transport for London,
At the time of the alleged contravention, my vehicle was stopped for the purpose of loading or unloading goods, in accordance with section 15(3)(d) of the Greater London Council (General Powers) Act 1974.
It follows that the alleged contravention did not occur, and the penalty charge should be cancelled.
Yours faithfully,
I doubt TfL will accept it, but you have a reasonable chance at the tribunal.
Call TFL and ask for the video, they will send a DVD in the post and put the penalty on hold while you wait.
One possible angle we haven't explored before is that under section 15(2)(c) of the Greater London Council (General Powers) Act 1974 (https://www.legislation.gov.uk/ukla/1974/24/section/15) "A local authority may prosecute in respect of any offence under the foregoing subsection which is committed in its area", every other reference to an authority is to a highway authority, which is defined as:
“highway authority” means the Secretary of State in respect of all trunk roads, Transport for London in respect of all GLA roads and a borough council or the Common Council, as the case may be, in respect of all streets in their area, whether or not maintainable at the public expense, which are not for the time being trunk roads or GLA roads;
The fact that different terms have been used indicates that the power to prosecute rests with the local authority, irrespective of who the highway authority happens to be. Unless decriminalisation changed this, the consequence would be that only the local authority can enforce, and TFL cannot.
Obviously this is a novel an untested argument, but food for thought.
Hey, just to update I have finally received the PCN video and have added it to the evidence folder. I was parked for around 3 minutes while passangers got in with their suitcases. Anything you can advise?
Call TFL and ask for the video, they will send a DVD in the post and put the penalty on hold while you wait.
One possible angle we haven't explored before is that under section 15(2)(c) of the Greater London Council (General Powers) Act 1974 (https://www.legislation.gov.uk/ukla/1974/24/section/15) "A local authority may prosecute in respect of any offence under the foregoing subsection which is committed in its area", every other reference to an authority is to a highway authority, which is defined as:
“highway authority” means the Secretary of State in respect of all trunk roads, Transport for London in respect of all GLA roads and a borough council or the Common Council, as the case may be, in respect of all streets in their area, whether or not maintainable at the public expense, which are not for the time being trunk roads or GLA roads;
The fact that different terms have been used indicates that the power to prosecute rests with the local authority, irrespective of who the highway authority happens to be. Unless decriminalisation changed this, the consequence would be that only the local authority can enforce, and TFL cannot.
Obviously this is a novel an untested argument, but food for thought.
Thanks CP! That's interesting and I hope that's the case. Not the first time TFL have tried to give me a PCN when they weren't supposed to. Will give them a call tomorrow for the dvd
Call TFL and ask for the video, they will send a DVD in the post and put the penalty on hold while you wait.
One possible angle we haven't explored before is that under section 15(2)(c) of the Greater London Council (General Powers) Act 1974 (https://www.legislation.gov.uk/ukla/1974/24/section/15) "A local authority may prosecute in respect of any offence under the foregoing subsection which is committed in its area", every other reference to an authority is to a highway authority, which is defined as:
“highway authority” means the Secretary of State in respect of all trunk roads, Transport for London in respect of all GLA roads and a borough council or the Common Council, as the case may be, in respect of all streets in their area, whether or not maintainable at the public expense, which are not for the time being trunk roads or GLA roads;
The fact that different terms have been used indicates that the power to prosecute rests with the local authority, irrespective of who the highway authority happens to be. Unless decriminalisation changed this, the consequence would be that only the local authority can enforce, and TFL cannot.
Obviously this is a novel an untested argument, but food for thought.