Good morning,
Hope you are well.
We have finally received the DVD so here is my draft appeal based on your template
@Hippocrates Thanks!
Please review and let me know if that is okay to submit or needs any changes? Thanks
Dear Transport for London,
PCN: GX33149185
Vehicle Registration: TRL1P
I make this initial challenge against the above Penalty Charge Notice.
Procedural Impropriety
The PCN contains wording which misstates the legal position and fetters the authority’s discretion.
The notice states:
“Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period.”
Under section 4 of the London Local Authorities Act 1996 the authority may issue an Enforcement Notice. The legislation clearly provides discretion. The wording used in the PCN incorrectly suggests that an Enforcement Notice will automatically be issued, thereby fettering the authority’s discretion and misrepresenting the statutory process.
The PCN also states:
“Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation. It will not entitle you to the right of appeal.”
This wording is misleading and prejudicial. It implies that correspondence prior to an Enforcement Notice removes or affects the right of appeal, which is incorrect and contrary to principles of natural justice.
Video Evidence
I requested a copy of the video evidence relating to the alleged contravention. However, this has been supplied only on DVD.
In practical terms many people no longer possess DVD players. It is therefore unreasonable to expect a motorist to obtain such equipment simply in order to view evidence relied upon by the authority.
Please therefore provide the video evidence in an accessible electronic format such as an online viewing link or downloadable file so that the evidence can be properly examined.
Camera Authorisation
I put the authority to strict proof that the camera used to capture the alleged contravention is a properly certified and authorised device for the enforcement of bus lane contraventions.
I understand that the camera used at this location was originally installed for yellow box junction enforcement. If that is the case, please provide the relevant certification confirming that the device is authorised for bus lane enforcement.
Evidence of the Contravention
The still images provided within the PCN do not show any relevant bus lane signage either in situ or passed by the vehicle. As such the images themselves do not establish that the restriction was clearly indicated.
In light of the above procedural defects and evidential issues I request that this Penalty Charge Notice be cancelled.
Yours faithfully
