Wednesday, May 31, 2023

🟧 𝐓𝐟𝐋 𝐡𝐚𝐯𝐞 𝐛𝐞𝐞𝐧 𝐢𝐬𝐬𝐮𝐢𝐧𝐠 𝐟𝐢𝐧𝐞𝐬 𝐭𝐡𝐞𝐲 𝐡𝐚𝐯𝐞 𝐧𝐨 𝐫𝐢𝐠𝐡𝐭 𝐮𝐧𝐝𝐞𝐫 𝐥𝐚𝐰 𝐭𝐨 𝐢𝐬𝐬𝐮𝐞. It’s all about the money


Below is a link to a judgment handed down by adjudicators at London Tribunals . 

It is a legal ruling that means all PCs issued by TfL via CCTV for stopping/parking in red route bays have been declared unlawfully served.

It's a long read and it boils down to a legal technicality which can be summed up as follows:
When the law was changed in 2015 to stop authorities issuing PCs using cameras, certain exemptions were made. Authorities were still allowed to issue tickets using cameras in 4 specific places, these being:
1. On bus stops.
2. In bus lanes.
3. On zig-zag lines outside schools; and
4. On red routes.

TfL are responsible for enforcement of red routes in London and mistook exemption 4 to include parking bays on red routes. This judgment (below declares that parking bays on red routes are not part of the red route, because the law does not provide for them to be marked with red lines.

This means that any PCN's for Red Route bay contraventions can only be issued by CEOs and not by CCTV


𝐓𝐀𝐗𝐈 𝐋𝐄𝐀𝐊𝐒 𝐄𝐗𝐓𝐑𝐀 𝐁𝐈𝐓: 
Many drivers who can’t be bothered to appeal and just pay up are losing out big time. 

Our PCN expert Heather Rawlinson @Hrawli says:
“This is a lengthy read but worth it. I’ve had a few PCNs cancelled using this ruling and several outstanding.”

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