The notice of rejection has the same flaw as the ones in these cases:
Nayeem Haque v Transport for London (2220767288, 15 November 2022)Mike Welch v Transport for London (2230428700, 18 November 2023)Lubavitch Synagogue v Transport for London (2230535074, 5 February 2024)Commercial Plant Services Ltd v Transport for London (2240018512, 12 February 2024)Mathew Mathai v Transport for London (2240062219, 15 March 2024)It does seem that by repeatedly chasing the video you have stopped TFL from increasing the penalty sooner, which is both good and bad. On the one hand the you can't show that the ambiguous wording has put you at a clear-cut disadvantage, but that does not wholly negate the argument because as Mr Chan said in the review of the
Commercial Plant case, a motorist reading your rejection might think the full penalty amount is £80 and might pay that amount on day 28 and then end up with a charge certificate.
The positive news is that if an appeal is received when the penalty is at the £80 rate, TFL only seek £80 at the tribunal stage, so you might get a free roll of the dice.
The only risk is that the penalty might go up to £160 between the time when you file an appeal and the time when the tribunal notifies Transport for London of the appeal, one way to mitigate this issue would be to pay £80 today but appeal anyway, knowing that in all likelihood if you lose TFL would not seek the additional £80, but if you win you'll get the £80 back.
The real problem you have is that the tribunal deadline to appeal is midnight tonight, so you only have a few hours left to make a decision.
I'm going to send you a PM with some options should you wish to engage me as your representative.
Incidentally if you appeal you ge the video as part of the appeals process, which might be the quickest way of getting it given the delays you've encountered.
