contravention: 46 : Stopped where prohibited (on a red route or clearway)

[Hurricane Puffrose]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

hi hun,

Spoken to Hubby and he delivered in London on a daily basis, he says a loading bay can be any size as long as its not a hazard to any other vehicles, and that to the best of his knowlegdge a red route is a blanket 10:00 to 16:00, this is to keep the rush hour traffic moving, and the red routes are in operation between 07:00 and 19:00. Therefore, the loading bay markings are null and void as you were parked basically on a red line.
He says he feels your pain as he parked up due to overheating and the wardens were moving people on and said the second that cools, your moving.

Sorry but on this occasion it looks like the PCN has been issued correctly.

[atonu]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

Hi Puffrose,

Please show your husband the images posted by me - my querry is about the markings. Location is in Croydon at 21 Thornton Road CR0.

[Hurricane Puffrose]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

have shown him and he says the loading bays he parks in up here in rural Yorkshire and Derbyshire are sometimes smaller, and that the actual markings are of no consequence if the sign shows the red route continues after 4pm.

as he puts it, once 4pm comes the loading bay ceases to exsist, he hasnt got a leg to stand on if that sign reads red route 7am-7pm.. loading bay 10am-4pm. the location doesnt matter if its a red route and your parked on a red line out of the hours of the loading bay, the PCN is valid.

[atonu]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

To Puffrose & others,

Thank you all for your comments. I've noted the contents and I think I have very little chance for a successful appeal. Anyway, that's the life of a motorist.

[Hurricane Puffrose]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

tbh it all revolves on that sign, if the red route is still in operation then they have you.

[Mrs James]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

To Puffrose & others,

Thank you all for your comments. I've noted the contents and I think I have very little chance for a successful appeal. Anyway, that's the life of a motorist.

Please see posts 13 & 14, may seem pedantic but could make all the difference.

[labman]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

Absolutely right Mrs James.

@OP, please look up the Schedules in the legislation stated in my Post 6.

@Puffrose, I don't doubt your husband's knowledge, but there is absolutely no way on this earth he could tell from that photograph whether the markings were of the correct width, length, etc..... For example, where is the edge of the highway sign? Does there actually need to be one here? If so, are the measurements correct? Are the letters on the signage formed correctly as per Schedule 13? etc... etc....

It is simply impossible for any of us to answer most of these without actually going there with a ruler and tape measure, and a much clearer photo would be needed (preferably not blocking out the middle of the sign) to see the formation of the letters accurately enough.

Yes, it is pedantic, but rules are there for a reason, and if they can't mark a road correctly they have no right to enforce laws due to those markings, in just the same way as if they can't write a CCA Agreement properly they have no right to enforce it. There is no difference.

[bluebottle]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

Ask to see the Traffic Order in respect of this Red Route. Again, if no Traffic order exists or the road markings and plates are not properly constructed (Yes, that is the term the law uses.), the PCN may be invalid and, indeed, so may the road markings and plates.

[labman]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

Totally agree with BB!

[messimoo]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

just been scanning google maps street view for this, but dont think that will be of any help as all the images are from 2008, but all the red route signs there said red route 7am - 7pm nothing about any loading zones from back then so I dont know, shame I dont live down there anymore or I could have given it a little driveby, sorry I cant be of much mroe help

[taffy1961]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

46 Stopped where prohibited (on a red route or clearway).docHi All,

I'm a newby but here goes any offers on my situation:

I pulled up in a parking bay on a red route for a short period less than a minute and read the sign which explained parking was allowed only between 10am & 4pm as it was outside this period I pulled away almost immediately but was caught on camera and received a penalty notice titled - 46:Stopped where prohibited (on a red route or clearway).

Are there grounds for an appeal and is there a minimum period to be stationary to class as parked?

[bluebottle]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

The Traffic Order for the applicable stretch of road and the Red Route is the key to resolving this matter. If TfL start getting shirty about providing you with a copy of said Traffic Order, I would start getting very suspicious and get the DfT onboard. If there is no valid or enforceable Traffic Order in force, the PCN is null and void and so is every other PCN TfL have issued in relation to this particular Red Route. Because if that is, indeed, the case, TfL are going to have to shell out one hell of a load of cash in refunds to motorists and commercial vehicle operators who have fallen foul of Parking Attendants working the Red Route.

[NBee]

Re: contravention: 46 : Stopped where prohibited (on a red route or clearway)

:flock: Any grounds for appeal?
I too, have had a PCN notice on my car for an overstay in a one hour red route bay, with No return for two hours.
I think fair enough, I'll pay!
After 7-8 day I tried to pay online, but it's showing up as No match found on our system?

So I call to speak to one of their operatives, he also tried his system, but it wasn't showing up for him either, so he told me to try again in a week to 10 days time.
Which I did, but with the same result.
I tried again a few more times, but to no avail, the last of which I took a screen shot to show as proof (just in case, you never know?).

Today I was going through some paperwork and came across the notice, so I thought I'd just see if it showed up, before I binned it.
There is now a notice stating that I owe £130, which will increase again If I don't pay within the time limit!
But the PCN was not put on the system for at least 22 days, from the date of the notice (22/06/15) to my last screen shot on 15th July.
So, does anyone know if there are there any grounds for appeal?