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AndrewMorris0503

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  1. I took delivery on April 24th of a leased company car. I had been leavig the car parked overnight from about 8pm when I got home until shortly after 7am. Unbeknown to myself PCNs from a CCTV camera up the road were starting to accumulate. The lease company made the company aware of this on the 1st May, but the fleet administrator at my employer didn't tell me until last Thursday 10th July. By that time fines had totalled £2200. The lease company (Lex Autolease) had immediately paid them and invoiced my employer. I had been using the red route to park as it's directly outside my flat and I was always leaving at shortly after 7am i.e. 7.10, 7.09, 7.08 etc. At this point I'll put my hands up and freely admit I've cocked up here by arrogantly assuming that less than ten minutes the wrong side of the time limit wouldn't make a difference. The point of contention that I've got is this – there are signs on the strip of road to indicate bus land cameras and low emission zone cameras – but nothing to warn road users that parking in the red route was being filmed. Clearly, if a PCN had been fixed to my vehicle windscreen by a warden on foot, I've have dealt with it and immediately parked elsewhere thereafter, and it would never have got to this stage. I've sent an appeal letter to TFL outlining this – specifically because they subscribe to the ICO code of conduct, which states that : "You must let people know that they are in an area where CCTV surveillance is being carried out. The most effective way of doing this is by using prominently placed signs at the entrance to the CCTV zone and reinforcing this with further signs inside the area. ....... Clear and prominent signs are particularly important where the cameras themselves are very discreet, or in locations where people might not expect to be under surveillance. As a general rule, signs should be more prominent and frequent where it would otherwise be less obvious to people that they are on CCTV" I have taken photos of the stretch of road 200m north and south of the location of the alleged contravention and no signs are present. Therefore (I may be completely wrong) my belief is that the PCNs are invalid. This is cmplicated urther though by the fact that Lex Autolease automatically paid the fines and therefore effectively admitted liability, cancelling out the right to appeal, even though they didn't know the facts and I knew nothing about it. I've since contact TFL and they have advised me there mnay be the possibility to reopen the fines and transfer liability onto myself. I'm not holding my breath on this, it'll only be worthwhile if TFL refund the payments from Lex and re-issue ithe fines to myself personally. I've spoken to a couple of members of staff at TFL who've made it clear that they don't make the decision on this, and that all appeals need to be put into writing – one of the staff members did say it was "possible" this could be done, and the staff member at Lex Autolease has said they have previously received refunds from TFL on fines paid. My employer has said that if I win the appeal, if this is possible they'll refund the money straightaway – in the meantime they are deducting it from my wages each month, altough the key concern I have here is if it's possible for: 1. The money paid to be refunded back to Lex Autolease 2. The liability for the fines moved from Lex Autolease to myself and then I will deal directly with TFL to resolve this. Any advice would be greatly appreciated.
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