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TFL - Red route / loading bay


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On the off-chance that anyone can help or point me in the right direction!

 

I've been issued with a £100 (£50 within 28 days) for parking in a loading bay on a red route.

 

The vehicle was unattended but wasn't in the bay for more than the 20 minute allowance.

 

I went into the supermarket to collect my wife and shopping (heavy goods?) and on return to the car had a Transport for London penalty charge notice. Contravention code is 46 "Stopped where prohibited (on a red route or clearway)" - But I'm allowed 20 minutes!

 

Any suggestions? Thank you!

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Thanks Rob, good point.

 

Does anyone have experience of appealing against TFL? I'm wondering if it's worth my while for the amount involved if they will dig their heels in and be stubborn or are they likely to roll over? Might be a silly question, I don't know!

 

I have read elsewhere on here that the burden of proof lies with them to prove that I wasn't loading, are they likely to back down over this or string it out, ultimately costing me more time and money?

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TfL are stubborn, but if you feel that you have a good case then fight them. It would be worth your while to go to PePiPoo: Helping the motorist to get justice and post this in their parking section. There are some good people there with plenty of knowledge about TfL (aka Taliban for London:) ) who can advise you.

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  • 7 months later...

Have been doing some investigation of my own on the particular subject.

Recently recieved a PCN from TfL contravention 46 Stopped where prohibited.

 

The owness is on you to prove that you had stopped on a loading bay to unload/load in a commercial sense.

 

E.g delivery of item that could not be carried without the use of a vehicle. Or pick up of item that could not be carried without the use of a vehicle.

 

Any supporting documentation like receipt or invoice may surfice.

 

Note the Video camera may have been trained on your vehicle for the period of limit for bay.

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I sent a letter complaining and suggesting that the burden of proof was theirs.

 

I got no reply but did get a letter saying pay up or we'll prosecute. I ignored that one and haven't heard anything since. As the ticket was issued in April don't they have to prosecute within 6 months?

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I sent a letter complaining and suggesting that the burden of proof was theirs.

 

I got no reply but did get a letter saying pay up or we'll prosecute. I ignored that one and haven't heard anything since. As the ticket was issued in April don't they have to prosecute within 6 months?

 

 

They do not prosecute you the PCN you received is the 'fine' if you do not pay they will eventually chase you for the outstanding Penalty Charge.

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sorry, good point. I don't know why or where from but I was under the impression that they had to pursue payment of the fine via the courts within 6 months of issue.

 

No idea where I've got this idea from though, think I read it somewhere!

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  • 3 months later...

I'm sorry to say that it looks like this ticket was issued correctly. I also assume that whether you've paid or not, the matter isn't going to be pursued any further.

 

Your ticket says that your vehicle was observed from 1317 to 1323 with no evidence of "loading" being seen by the warden. While the bay permits a maximum of 20 minutes for loading, the usual practice is that if you are not seen at the vehicle loading/unloading within a three minute period they assume that you've just parked and gone elsewhere. And from the story you've given here, that was exactly the case. It doesn't really matter if you come back 20 minutes later with heavy goods or shopping - that's not what they call loading. It probably also doesn't help that your vehicle is presumably a private car rather than a commercial van.

 

A common permissible scenario would be where a vehicle was unloading goods that required the driver to make several trips between the vehicle and the shop/business nearby. Thus the vehicle might remain in the bay for 15 minutes but the driver would be likely to be seen at the vehicle at any time within a three-minute period.

 

The loading bay rules and practice are widely unknown to the average driver and thus are a very nice earner for TfL.

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  • 3 months later...

Hi

 

I got a ticket this morning for parking in a red route loading bay - or that's what it said. The red route in question was a side street in clapham, so not a busy main road, and the area was marked with white dashed lines which had been painted on top on some red ones to cover them up. The sign said loading/unloading was allowed for 20 mins so assuming, based on other threads the burden of proof is on tfl to say what I was doing and, with a ticket and a licence phot how can they do that?

The red lines from the main road came round the corner and had an end on them (straight line to close them off) before the white dashed lines started to mark out the bay. The red lines did not start again at the end of the dashed lines, it was normal parking bays. It seems to me that the bay has been updated but the signs haven't, is that legal?

Thanks

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  • 4 months later...
On the off-chance that anyone can help or point me in the right direction!

 

I've been issued with a £100 (£50 within 28 days) for parking in a loading bay on a red route.

 

The vehicle was unattended but wasn't in the bay for more than the 20 minute allowance.

 

I went into the supermarket to collect my wife and shopping (heavy goods?) and on return to the car had a Transport for London penalty charge notice. Contravention code is 46 "Stopped where prohibited (on a red route or clearway)" - But I'm allowed 20 minutes!

 

Any suggestions? Thank you!

hi I'm new to this site and just found out there are people to help for unfair tickets, I hope I've get my answar , I've stoped at edgware road 125 175 just to ask directions from a driver and I parked in a taxi bay , I've just stopped for les then 5 mints . After that I've got tfl penalty charge notice for 120 pound fine I can pay 60 pounds if I pay within 21 days that's too much . I've only got 4 days left to pay 60 pounds please help please thanks
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Sorry. Gotta tell you how it is.

 

If you stopped (and you actually say parked) in a taxi bay then you have no case. If this was restricted hours for stopping on a red route then you have no case.

There is a vague possibility that they will have used the blanket code '46' for stopping even when 'stopping' per se is not the actual prohibition but it will be a tough argument because i haven't seen it tested at Adjudication yet.

-

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Sorry. Gotta tell you how it is.

 

If you stopped (and you actually say parked) in a taxi bay then you have no case. If this was restricted hours for stopping on a red route then you have no case.

There is a vague possibility that they will have used the blanket code '46' for stopping even when 'stopping' per se is not the actual prohibition but it will be a tough argument because i haven't seen it tested at Adjudication yet.

-

 

Stopping is the correct contravention as it is prohibited unless exemption applies.

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  • 5 months later...
My partber parked in a loading bay outside a supermarket on Good Friday, the vehiles was observed for two minutes and then given a ticket because it wasnt a good vehicle, we feel this is unreasonable, any advice?

 

Was it a goods vehicle and/or loading? It is best to start a new thread rather than just post on one that has probably very little to do with your case. You should post all relevant details such as signs PCN etc

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