Transport of London Penalty for "stopping on red route" **RESOLVED**

[itsnotmyname]

Hi All,

 

Transport for London Penalty -Advice needed

 

Short story - I stopped to pick up food and then a week later turns out the £4 kimchee will cost me £65

 

I received a letter that I stopped on a red route (Of course I might stop and reverse to parking, but how else would I not stop for a second to go back to parking, there was no cars, nothing it was empty I might as well get a penalty for stopping at the red light because its red route line next to in such case)

 

I challenged them, after 21 days no reply, nothing. I called them and the lady said the letter is on the way, answer to my challenge but in short i will have to pay, I said that why? Because i clearly am in the parking on the picture they took, she said she don't deal with this just wait for the letter explaining.

 

Waiting... waiting just received the letter today, saying that i have to pay the maximum price which is £195 -- I did not receive any letter about the mid payment £130, just straight to the full penalty? But first of all I DID NOT receive a letter about my challenge no explanation NOTHING.

 

I am not sure what to do, for sure I will not be paying this penalty unless they can clearly explain or prove to me that I did leave my bike on the red line and not in parking. -- You can barely see the road marking on this picture anyway, but from what I see the red line is where I point the arrow, which is the parking line.

 

Ridiculous... I understand that TFL suffered during covid and they need money but so do I!

 

Any help would be appreciated!

Thank you!

 

Image to the document saying i need to pay £195

Image to the picture from when i Challenged them on website (As on the letter i received its even more unclear about the line)

[Jamberson]

The correspondence you have should spell out your options. Does it mention TEC, witness statements, statutory declarations or anything like that? It should tell you what you can do to contest it.

[itsnotmyname]

Hi, 

 

It doesn't. All it has is the picture I included, how to pay. Then on second page penalty charge cheque slip, and privacy Notice :(

[Michael Browne]

What you have been sent is a Charge Certificate. Wait untill you get the Order for Recovery. This will explain how to make a Statutory Declaration that you did not receive their Notice of Rejection.

 

The CC and OfR should then be cancelled (but not the original pcn)  and you can then appeal to adjudication.

[dx100uk]

then use^^^

[itsnotmyname]

Thank you for replies.

 

So I should wait for some other letters from them? (Should I pay the £195 before the 14th day?, as some people said to just pay fine and then chase them for refund. As I don't want to keep waiting again and get some enforcement court and even bigger fees to add up)

[Michael Browne]

15 minutes ago, itsnotmyname said:

Thank you for replies.

 

So I should wait for some other letters from them? (Should I pay the £195 before the 14th day?, as some people said to just pay fine and then chase them for refund. As I don't want to keep waiting again and get some enforcement court and even bigger fees to add up)

Well, once you pay that will end any enforcement.  But don't expect to get a refund unless you believe in the tooth fairy!!

[itsnotmyname]

Well, that's what I thought. That once you pay you accept the fine and you cannot get refund, its over.

Do you have any proofs documents or idk who to trust now tbh.

For sure I don't want to pay unless they can prove me show me picture that stopped parked the bike over red route(I don't remember maybe i did, but knowing that i never received any penalty not even speeding in my life i was probably cautious about this one too, i follow rules and law but who knows maybe i did went over with wheel BUT from what i saw on the penalty letter and online challenge, the red route line is not clear at all and from waht i can see i am in bike parking marking) But also i don't want to get some court fees that will add up to £1000 or something and will end up me needing to pay all that 

 

 

[Michael Browne]

The Council cannot apply for the Order for Recovery until 14 days after the date of the Charge Certificate. The OfR is issued by the Traffic Enforcement Centre. The Ofr will explain how to submit  a witness statement on form PE9 which sets the PCN back to the Notce to Owner stage (£130) and you can then appeal to the adjudicator at no additional cost .

 

The key is to make sure you receive the OfR, if you miss this, it's game over.

 

If it doesn't turn up in the post by 21 days after the date of the Charge Certificate you need to ring TEC on 0300 123 1059 once a week , quote the pcn number and ask if the Ofr has been issued.

[itsnotmyname]

What do you mean by "game over"? What if I will not receive the OFR the same way i did not receive reply to my challenge? I also called TFL and they also said they sent the letter its on the way but eventually did not arrive the reply to my challenge instead i got the cahrge certificate to just pay £195  

[Michael Browne]

39 minutes ago, itsnotmyname said:

What if I will not receive the OFR the same way i did not receive reply to my challenge?

 

That's why I said:

 

Quote

If it doesn't turn up in the post by 21 days after the date of the Charge Certificate you need to ring TEC on 0300 123 1059 once a week , quote the pcn number and ask if the Ofr has been issued.

 

[Montego]

Looking at the picture in post 1 and  Google street view, it is a Loading/Disabled Bay, which has the Red Route 'No Stopping' restriction 7am to 7pm, except for Loading or Disabled during the permitted times. Which could explain the reason for the PCN.

[itsnotmyname]

3 hours ago, Michael Browne said:

 

That's why I said:

Hmm, not sure still. As in it could happen exactly the same thing as now, i called them said its on the way. But turned out its not and received the max penalty £195 as I was waiting for reply... Not sure what to do really whether to just pay and forget about it or risking getting fined even more  

 

2 hours ago, Montego said:

Looking at the picture in post 1 and  Google street view, it is a Loading/Disabled Bay, which has the Red Route 'No Stopping' restriction 7am to 7pm, except for Loading or Disabled during the permitted times. Which could explain the reason for the PCN.

True I have completly missed that point out. It was on Saturday just 20 minutes before 7pm  But then again, I stopped litterally for 1 minute to pick it up and it says 20minutes max "loading". So that means that all these scooters that just park their bike getting penalty tickets everyday? 

[itsnotmyname]

Hi all,

 

I called TFL just now, explained that i did not receive a reply to my challenge and that i will be not paying the full amount, they managed to reduce it to £65, gave me explanation too because i still was confused and said will resend the letter too, so i paid the £65.

 

every person, every scooter on this picture will receive penalty ticket as they cannot stop there a swell even to just pick up the food 

 

(My biggest concern was that only I was getting charged for picking up the food and they did not while on scooter, but i guess its also their first time)

 

I guess next time i just have to stop in middle of road on hazard lights to read signs, check time, if its the right hours to stop and consider to park or not...

 

But after riding around london for 5 years, i did pretty good to not fall into their traps. First time falling into their traps  

 

Anyway, thank you for your time and helping!

Edited November 22, 2021 by dx100uk
spacing

[dx100uk]

So resolved now?

[itsnotmyname]

Yes, all good.