Red routes adjudicators decisions

Red route cases of appeal

Some adjudicators decisions which could relate to alleged contraventions on red routes. You can use these cases to support your case. They will also help you to understand some of the basis on which appeals are won. In all of these cases the appeals by the motorist were upheld. To make them easier to navigate we have grouped them in sections.

The following cases relate to appeals against Penalty charge notices issued by Transport for London. As they are not generally published we have not included details of the appellant but we have given the case numbers.

August 23 – CCTV issued Red Route parking fines ruled illegal by London adjudicators – Adjudicators have ruled that Transport for London breached Government Guidelines by using CCTV to issue parking fines. Tens of millions of pounds of fines may have been issued illegally.  More on red route section. Search case number 2230060716 Commercial plant services vs TFL on London Tribunals key cases.

A panel of 3 adjudicators upheld a previous decision that Transport for London issued parking fines illegally by CCTV in a clear breach of Government Guidance which states that CCTV enforcement should only be used where enforcement is difficult or sensitive and enforcement by a Civil enforcement officer is not practical. Enforcement by Civil enforcement officer of traffic wardens is practical on Red Routes because traffic wardens regularly patrol Re Routes and issue parking tickets. There is a chance that previously issued and paid pcn’s can be claimed back but it is too ealry for there to be any cases.

Loading/Unloading

Case 2070058759 – contravention stopped where prohibited

This case concerned a commercial delivery where the driver parked on a loading bay because he could not park directly outside the premises due to loading restrictions there. TFL had said that only loading or unloading of heavy goods was allowed in the loading bay but the adjudicator said that they were wrong in Law to assert this and that he was satisfied that loading or unloading within the meaning of the exemption was taking place.  The appeal was allowed.

Loading is not only for heavy goods.

 

Case no 206056698A – Contravention stopped where prohibited

This case concerned a vehicle stopped in a loading bay on a red route. Transport for London Issued a PCN after they had not noticed a loading activity taking place for just under 4 minutes. The driver produced a delivery note albeit dated the day before. The adjudicator was satisfied that the driver was unloading and that this was sufficiently continuous to be within the loading exemption and the appeal was allowed.

If the sign says 20 minutes then that is what you are entitled to as long as the loading activity is continuous.

 

CASE NO: 207 0155493 – Transport for London
Tower Bridge Road, SE1

This case was simple in that the adjudicator was satisfied that the motorist parked only to engage in an unloading activity in the course of her employment, therefore no contravention occurred.

Transport for London are all too quick to issue Penalty Charge Notices to motorists legitimately carrying out loading activities where permitted.  They are criticised time and time again for this by the parking adjudicators but they just continue.

 

Signs facing the wrong way

 

Case no 2100224850 – Transport for London

In this case the red route sign was parellel to the road rather than facing the oncoming traffic as required under chapter 3 of the traffic signs manual para 10.5. The motorist said that he didn’t initially notice the double red lines and when he did he returned to his car and drove off. Had the sign been facing the oncoming cars then he may well not have stopped in the first place. The appeal was allowed.

There are many red route signs that are parellel to the road rather than facing the oncoming traffic.

 

Below in our members section we show 20 more decisions on Red Routes where motorists have won.

Next: Stopped where prohibited (on a red route or clearway) – Contravention code 46