Have I got a case here?
On the 12th of October I was driving up Euston road, as I do every morning on my way to work. I had just waited in the left hand lane for some traffic lights to turn green, and as I pulled away I drove over a sharp object which punctured my rear left hand side tyre.
Thinking on my feet, I looked for the nearest turning that I could pull into, so that I didn't cause a major traffic jam....it was after all one of the busiest roads in London, and 7:45 in the morning.
Being unable to park on the left due to the bus lane being there, and also not being able to turn right (no right turn at the cross roads) I had to pull left. Doing this took me into the Conjestion charge zone.
I pulled over to the left of the road, about 40 metres away from Euston road, and fixed my puncture - which took me about 15 minutes. Once I'd done this I pulled back onto Euston road, out of the conjestion zone, and continued on my way to work.
About a week later I received a Conjestion charge penalty notice, which I wasn't too worried about because obviously it was just an automated system triggered by licence plate recognition. So I followed the appeal instructions and stated exactly what I had done, and that I had no choice but to pull into the conjestion charge zone and change my puncture, and that it would have been a lot more trouble had I caused a huge traffic jam - because, there is no doubt that this would have happened, considering the time of day and the location.
Anyway, today I got a reply from TFL, systematically addressing every point that I had made, in such a way as to make it look like I should have done this or should have done that, but not actually giving an alternative option, just always coming back to the same point that I knew full well that I was driving into a conjestion charge zone (albeit with a fucking puncture) and I should have known better. They even went into the point that I had mentioned that IF they were to study the CCTV footage they would see that I was changing my tyre, and said that "we do not keep stock footage from these cameras", so they would not be able to check.
Firstly: surely it would have been a lot cheaper, administratively, to let me off with this?
Secondly: just exactly what the fuck do they suggest that I should have done??
Anyway, I'm going to appeal again. It's absolutely ridiculous to even consider this as a prosecution.
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Write to your MP
They don't have any power over this - but they will write to TfL for you, and they might make them change their minds.
I work for an MP and we had a letter in recently from someone getting a fine from TfL for stopping on a red route - they had to stop because their child needed to be sick. They had appealed and got turned down, but my MP wrote to TfL (well, I did, writing as her) asking them to reconsider, and they backed down - it's just the easiest thing for them to do.
Thanks, I'll try this if my second appeal doesn't work.
Focus on the safety aspect
of it, so that to reject an appeal would seem unreasonable on their part.
I successfully appealed a bus lane penalty notice. I had to swerve into the bus lane because a car coming towards me was overtaking a parked car, so it was either stop dead and risk getting shunted, nip in and out of the bus lane or have a head on collission. I was on camera in the bus lane, but I wrote to them and pointed out that in my opinion I acted in the interests of road safety and if the penalty notice was upheld, in future I would not act in the interest of road safety. Take it as far as you can afford to.
http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/
Erm...were there any other CCTV cameras around?
There usually are, find out who owns them and send them £10 and a data protection request for the footage. Or just pay the fine. Or tell Watchdog and get to go on telly.
For such bad paragraphing?
No.
Some browsers don't put the gaps in.
It's a bit fucking irritating.
you fixed a puncture?
you're more man than me.
I don't really know.
I'd probably just pay the £8 or whatever and let it go.
£60. If it was £8 I'd pay it and not be bothered.
*congestion
or were you making some kind of pun on the charge being a joke?
i mean, by the letter of the law they're probably right, it's just the spirit of the thing. I appealed a parking ticket penalty last year in Norwich (the ticket blew over on my dashboard, so was face-down when the inspector came round) and I was successful - but then maybe TfL are a bit more hard-nosed than Norwich City Council.
At least somebody got the joke!
Please, don't pay this.
I know it's easy for me to say it, and it sounds like you're going to fight this to the death anyway, but please, please don't pay this. My friends and I have had some ridiculous encounters re. the parking restrictions outside my house and the corresponding (extortionately priced) parking permits. I really makes me angry when councils and other organisations try to bully money out of people. The world isn't black and white, sometimes their little rules are superceded by safety, or common sense - but as you've demonstrated, this doesn't seem to matter to them, rules is rules.
*superceded
I am "them". Rules is rules. ;-)
(sorry, superCeded is a pet hate)
Back on topic, I'd say yes, the OP has a case. The phrase 'reasonably practicable' was made for these situations.
Letters normally help
for instance i am sure that the manager of the congestion charge system would feel that this is ok, after all he would know how bad this would look if it were in the metro........or even write to Boris Johnson himself, even if you hate him, its just the sort of thing he (or his office) would be into getting sorted in your favour.
Remember its just a process that is oppressing you though, i am sure that no individuals are really culpable for the bloody mindedness, they probably just havnt got a catagory in which to put your sort of exception yet.....you can help them improve their system by getting them to introduce such a catagory.......point out with them that if they worked with you and sorted out their system to be better then the metro could actually recieve a possitive letter about their helpfulness and willingness to adapt.
you are right to keep focussing on their absence of advice on what you should have done though
as they wil lrealise that they cannot give advice on you being less safe
they are clearly being dicks
if what you say is true. some drones who work in administration are bound tightly by guidelines and won't be applying reason to this. i would apply for reconsideration of your first appeal and ask that your papers are seen by someone senior. if that does not work then most definitely involve your mp. however, you should be seen to attempt everything you can on your own before they get involved.
I await the obligatory photo of you looking glum holding the letter stating the fine
whilst crouching next to your recently repaired tyre.
:'DDD