Free Traffic Legal Advice

Hi,

Thanks for correction of the terminology Rep vs Appeal. And of course, apologies - i am totally aware and appreciative of all your time and in no way meant to rush.

In actual fact, the time to get put in this rep is not due for 28 day af i believe (26 April) so there is still time.

Interestingly, despite me calling to request this video footage on 8 April, TFL still have not sent it.
On 8 April I called for footage of two alleged contraventions or two separate PCNs. I received one DVD, but not footage pertaining to this case.

All calls to TFL are recorded, and I have the reference number of the logged request for video footage for this case.

Should i call them again?, or would determining that they have not honoured my request for video footage help my case should it go to appeal? "I have requested video footage of the alleged contravention on 8 April, but they have not complied".

Hi There,

Just re-visiting this one.

On April 8th, I made a request for an SAR Appeals pack DVD footage regarding the alleged contravention. After waiting for a week, I received DVD footage of a different, unrelated PCN.

On the following Monday, April 15th, I contacted TFL again, specifically asking for footage related to this PCN (GXI4013572). Once more, after waiting for a week, I received the same incorrect DVD footage, which was completely unrelated to the alleged contravention at Cobalt Square, South Lambeth Rd SW8.

Upon contacting them for a third time today, the phone operator informed me that they could only provide what was available. Consequently, I can only assume that there is no video footage available for this particular PCN, and I am wondering if this hinders my ability to fully submit my representation.

However, the phone operator did mention that I could still proceed with lodging my rep to the best of my ability.

So with time against me, by 25th April, I aim to lodge the above worded rep:

Dear Transport for London,

The alleged contravention did not occur because the markings at the location in question do not correctly reflect item 19 of Schedule 2B to The GLA Roads and GLA Side Roads (Lambeth) Red Route Consolidation Traffic Order 2007, furthermore the combination of lines and marking is unauthorised because there appear to be a series of bays which have double red lines running through them, and this layout is not permitted and is liable to cause confusion.

Lastly the PCN does not comply with the requirements imposed by the second part of paragraph 3(1)(a) of Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, and that is a procedural impropriety.

It follows that the penalty charge notice must be cancelled.

Yours faithfully,

Effectively, this is questioning the procedures surrounding appropriate marking, and the timing (date) of issuance of the PCN.

Do you think this is sufficient?
Is it worded correctly, or is there anything you could expand on this?
Should I add any info about the missing footage? And more importantly,
Would you state the PCN is enforceable given the proposed rep?

Thanks, and look forward to your reply.

@LemonTootski just to set your expectations, TFL will reject anything you say because if they reject and you pay, they get to keep the money.

This is the sort of PCN that is only ever going to get cancelled by being appealed to the tribunal.

As for the CCTV footage, it's obvious it's not been processed against this PCN, because on the TFL website the case status would have an entry stating "DTES footage requested" or something similar, but no such entry appears on the PCN history.

Frustrating as it might be, you'll just have to phone up and ask them again. You could also try emailing redroutes@tflenforcement.com and CCCorrespondence@tfl.gov.uk

A loud and hearty Well Done !

(Oh, and a Flat White coffee for me !)