TfL code 46's

• TfL code 46's
  Posted by gibsonms on 23 Jun, 2023 13:46
• Hi all,
  
  I've been using the code 46 TMA argument template on here. TfL have just come back with the below argument and I'd welcome comments as to whether they're just trying it on. Thanks!
  
  
  Please be advised that the PCN was issued for stopping on Double Red Lines, there is no minimum
  period for stopping for the contravention to apply. Therefore it is a contravention of a Red Route Traffic
  Order created under Sections 6 and 124, and Part IV of Schedule 9 to the Road Traffic Regulation Act
  1984a (the RTRA). Our Section 6 Orders set out a prohibition of stopping on the Red Route, except where
  otherwise permitted at designated locations reflected by red route bays where the specific stopping
  restriction in the Order for the location is conveyed in the upright signage. Section 6 and 8 of the RTRA
  are referenced in The Traffic Management Act 2004 (‘the TMA’). The TMA in Part 6 ‘Civil Enforcement of
  traffic contraventions’ at Section 73 ‘Contraventions subject to Civil Enforcement’ refers specifically to
  parking contraventions and at schedule 7 Part 1 to parking contraventions in relation to stationary vehicles
  in Greater London and refers to Sections 6 and 8 of the RTRA at paras 2 and 3 respectively. In addition,
  The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and
  General Provisions) Regulations 2022 – the ‘General Regulations’, derived from powers in the TMA also
  provides an interpretation at Regulation 2 of a ‘relevant road traffic contravention’ enforceable by these
  regulations and references parking contraventions in para 2 and 3 of Schedule 7 part 1 of the TMA.
  Regulation 5 also outlines the ability to impose a penalty charge for a relevant traffic offence giving clear
  reference to Section 6 Orders under the RTRA. Whilst Regulation 9, 10 and 11 outline the procedure to
  serve a PCN for the offences covered by the general regulation where Red Route offences are
  referenced.
• 
  
• #1 Reply
  Posted by cp8759 on 23 Jun, 2023 14:06
• There is no challenge to TFL's ability to use CCTV to enforce single and double red lines.
  
  There is a key case on red route bays, see https://www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf (a review hearing is being held on 17 July).
  
  The other challenge is that roadside PCNs issued by a PCSO are not enforceable as the PCSO uniform does not comply with the requirements of the Traffic Management Act 2004.
  
  If you have a specific PCN that you would like us to help with, please post it in https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/
• 
  
• #2 Reply
  Posted by gibsonms on 27 Jun, 2023 11:40
• I've got multiple RR ones on the go at the moment.
  
  TfL seem to think that they can now win the argument that code 46 was never decriminalised.
  
  Have things changed, d'we know?
• 
  
• #3 Reply
  Posted by cp8759 on 27 Jun, 2023 17:05
• Quote from: gibsonms on 27 Jun, 2023 11:40

  I've got multiple RR ones on the go at the moment.
  
  TfL seem to think that they can now win the argument that code 46 was never decriminalised.
  
  Have things changed, d'we know?
  

  Yes, see these decisions:
  
  Christopher Phipps v NEPP - Essex County Council  (IF00014-2211, 17 February 2023)
  Christopher Phipps v NEPP - Essex County Council  (IF00014-2211, 24 March 2023)
  
  The current arguments are:
  
  1) CCTV can't be used to enforce bays (as per Commercial Plant Services Ltd and others v Transport for London (2230060716, 25 May 2023))
  2) PCSO-issued PCNs are invalid as the PCSO uniform doesn't comply with the Traffic Management Act 2004, this is untested but I am highly confident I can win this argument.
•