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mistamm
Hi, I received this PCN parked in a bay and we didn't notice the temp signage on there stating the bay is not in use. The camera has picked up my car in the bay and the PCN contravention is stating we were not allowed to park there due to it being a suspended bay. The CCTV footage supplied doesn't show the temporary sign in clear view nor do I know if the temp sign is still there. The pictures are of poor quality so I do not have a clue whether the signage in place is fit for purpose or was even correct in stating it's not in use. What is the best way to challenge this PCN as I do not think this PCN proves that I did any wrongdoing?

I have attached the pics and the PCN itself and would be keen to hear what everyone's thoughts are.
Incandescent
This is being enforced under the Traffic Management Act 2004, and in a subsequent Statutory Instrument, (2015, I think), PCNs for parking contraventions can only be served to driver or car by a CEO. CCTV is only allowed in very limited circumstances: -
- school keep clear markings
- bus stop/stand clearways
- red routes
- bus lanes
As far as I am aware there is no legal right to enforce suspended parking bays. However, looking on GSV, it is clear the parking bay is signed as on a Red Route so the CCTV permission applies.
https://www.google.co.uk/maps/@51.4466645,-...33;8i8192?hl=en
Their photo shows a suspension sign on the parking sign for the bay, so the question has to be, why didn't you see it, or maybe you did and chanced your arm ?
mistamm
Thanks for your swift response.. and nope not chancing my arm. Just didn't realise it was a red route.

The red route sign is covered up in the picture and replaced with temp signage, therefore could it be argued this is no longer an active red route and cant be enforced by CCTV?
phantomcrusader
That part of road according to google does not appear to have red road markings so I doubt it is officially part of a red route. Google shows that there is a red route sign and markings on that side of road but the red route sign and red markings are placed at the end of the bay near the junction. Going by google, I'd say the postal PCN is ultra vires because you were not stationary on a red route and a postal PCN cannot be issued for parking in an ordinary suspended parking bay.
MMV Redux
TFL don't have approval for a suspension sign so this "enforcement" is suspicious.


Been cases in the past. Perhaps someone will point them out.


MMV
DancingDad
To me it seems like the wrong contravention.

It is on a Red Route, the suspension removes the exemption to the Red Route so the contravention should be for stopping on a red route.
While there may be an argument that the PCN only has to state why and suspended bay is clear, this is at odds with the normal Red Route practice and is incorrect in legal terms.

Plus that there is a question on REd Routes even being enforceable under TMA

PASTMYBEST
2180309331

The Appellant attended in person.

The Appellant made several po9int one of which is that the suspension sign is not authorised. There may be an issue as to whether such a sign needs to be authorised but the Authority's case is that the sign is authorised. That being the case, the Authority must provide evidence of the authorisation. It has not done so. I allow the appeal.

There is also a case outlining that TfL cannot use cameras for non RR contraventions it was footway parking but i can't find it
mistamm
thanks, everyone for your responses... I went back today to the scene of the PCN to take a closer look at the signs. I have uploaded them if it helps provide more information and can compare to the pictures taken on the PCN. Is contravention code 21 correct and is TFL allowed to enforce using CCTV if this is not a red route?

https://postimg.cc/gallery/Yt65NGQ
stamfordman
QUOTE (mistamm @ Fri, 24 Jun 2022 - 15:07) *
is TFL allowed to enforce using CCTV if this is not a red route?


It is a red route bay - TFL can only enforce on red routes.

It's also a loading bay during the bay restricted time - the sign has been bagged.

Here's the usual sign:

https://www.google.com/maps/@51.4466645,-0....6384!8i8192


cp8759
Draft challenge:

------------
Dear Transport for London,

I challenge liability on the basis that the alleged contravention did not occur. A code 21 contravention can only occur in a designated parking place, there are no designated parking places on red routes. Furthermore, there is no evidence of what information might have been displayed on the signage. In any event Transport for London has not received authorisation from the Secretary of State for a parking suspension sign, and no such sign is prescribed by the Traffic Signs Regulations 2016.

For all the above reasons, the contravention did not occur and the PCN must be cancelled.

Yours faithfully,
-------------------

I will gladly represent you at the tribunal if they reject, this sort of PCN is really silly to be honest and I don't understand why they waste our time with this nonsense.
mistamm
Thank you! I appreciate the above I will await what TFL comes back with. I fully expect them to reject it and will look to see if I plan to take this to the adjudicator. Clearly TFL is just trying to find additional revenue due to lack of funding. Thank you I will keep you posted! ,
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