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TFL Red Route PCN by CCTV Tulse Hill, PCN wording and other issues
david32knyte
post Tue, 19 Feb 2019 - 18:31
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Dear Forum fellows,

I received PCN from TFL in the post for parking in a loading bay on a red route. (Tulse Hill, Lambeth, London)
Usual TFL 7 till 7 except 10 till 4 loading restriction.
PArked there for a few minutes while picking up a takeaway.. (An expensive takeaway it turned out)

I parked there thinking that the restriction was Mon - Friday when on closer inspection it is Mon -Sat - Contraventio occurred 18.22 on a Saturday!
So I should have been more careful

Reading previous threads on TFL PCN wording in the past (http://forums.pepipoo.com/index.php?showtopic=26613) it appears that the wording on the PCN has to be quite specific.
Please see my PCN below [attachment=61910:IMG_2019...75200358.jpg]

So this PCN states, 'The penalty charge must be paid before the end of 28 days beginning with the date on which this notice is served'
Where it should read '......date of notice'.

In addition, other reasons for appeal might be:
1. There are no signs indicating the use of CCTV enforcement cameras in the area.
2. The parking sign / plate is not shown on the photos that are included with the PCN or on the website.
3. The postage date does not match the date of notice (Checking this shortly)

I would be very grateful for any feedback & opinions on the viability of any appeal I could make.

Many thanks

David




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post Tue, 19 Feb 2019 - 18:31
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cp8759
post Tue, 19 Feb 2019 - 23:47
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TFL PCNs are quite good now and a thread that's 11 years old isn't going to be much use. Post a link to the location on Google Street view so we can check the signage.


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DastardlyDick
post Wed, 20 Feb 2019 - 09:32
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Were you picking up from "Thaicoons" Restaurant?
If so, the sign is present (or at least it was in May last year) and judging by your OP "on closer inspection", it was on the relevant date.
They don't have to have signs re. CCTV enforcement, and the sign doesn't have to appear in the photo's either. You may struggle with the postage issue as well - most 'official' mail doesn't get a postmark, but it does have to be sent by 1st Class mail, and is deemed 'served' the following working day.
TBH, at the moment, the discounted penalty is looking good.

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peterguk
post Wed, 20 Feb 2019 - 09:48
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QUOTE (DastardlyDick @ Wed, 20 Feb 2019 - 09:32) *
is deemed 'served' the following working day.


Purely from a point of interest, not 2 business days following posting as per S7 I.A. and IIRC, CPR Seems a little odd.

This post has been edited by peterguk: Wed, 20 Feb 2019 - 09:51


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DastardlyDick
post Wed, 20 Feb 2019 - 10:31
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QUOTE (peterguk @ Wed, 20 Feb 2019 - 09:48) *
QUOTE (DastardlyDick @ Wed, 20 Feb 2019 - 09:32) *
is deemed 'served' the following working day.


Purely from a point of interest, not 2 business days following posting as per S7 I.A. and IIRC, CPR Seems a little odd.

CPR? I know it's a bit of a shock getting a PCN through the mail, but not heart attack inducing, surely? biggrin.gif
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PASTMYBEST
post Wed, 20 Feb 2019 - 10:45
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Interpretation act and CPR have no standing here the act defines service by post at reg 3

www.legislation.gov.uk/uksi/2007/3483/regulation/3/made


service is deemed to be 2 working days after posting this is rebuttable


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peterguk
post Wed, 20 Feb 2019 - 12:24
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QUOTE (PASTMYBEST @ Wed, 20 Feb 2019 - 10:45) *
Interpretation act and CPR have no standing here the act defines service by post at reg 3

www.legislation.gov.uk/uksi/2007/3483/regulation/3/made


service is deemed to be 2 working days after posting this is rebuttable

OK, so not one day and same as other legislation.


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david32knyte
post Wed, 20 Feb 2019 - 12:32
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QUOTE (DastardlyDick @ Wed, 20 Feb 2019 - 09:32) *
Were you picking up from "Thaicoons" Restaurant?
If so, the sign is present (or at least it was in May last year) and judging by your OP "on closer inspection", it was on the relevant date.
They don't have to have signs re. CCTV enforcement, and the sign doesn't have to appear in the photo's either. You may struggle with the postage issue as well - most 'official' mail doesn't get a postmark, but it does have to be sent by 1st Class mail, and is deemed 'served' the following working day.
TBH, at the moment, the discounted penalty is looking good.



Hi yes, I was picking up from Thaicoons (Called something less funny now).

Appreciate youir comments on my appeal ideas.
I suppose just feeling sore as was just using a local shop and trying to be a good little citizen - But still get hammered as per usual.

Thanks

DAvid
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david32knyte
post Wed, 20 Feb 2019 - 12:43
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QUOTE (cp8759 @ Tue, 19 Feb 2019 - 23:47) *
TFL PCNs are quite good now and a thread that's 11 years old isn't going to be much use. Post a link to the location on Google Street view so we can check the signage.



Hi there,
Attached is a snap of the sigage taken from google earth. So bit out of date - but it hasn't changed as far as I am aware.
It's also still in place.

Sign photo from google is a bit blurry.

Fundamentally I'm feeling a little bit victimised by TFL at the moment - for lots of reasons - PCNS - All my vehicles & Mbikes being banned shortly under LEZ.
Thinking maybe it's time to get out of London.

Thanks

David
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david32knyte
post Wed, 20 Feb 2019 - 12:54
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Many thanks to all replies.

Looking like there is no recourse to challenge this PCN.

£65 seems like a lot for an honest mistake / minor oversight when picking a takeaway up.
Would love someway to block this PCN just on principal.

Best D

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