Author Topic: PCN Bus Lane Clapham Road TFL No Reject Form Received  (Read 692 times)

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Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
« Reply #15 on: »
It is now clear that Transport for London has failed to comply with their statutory obligations in multiple respects, giving rise to procedural impropriety.

Under Regulation 13(1)(a) of the Civil Enforcement of Road Traffic Contraventions (England) Representations and Appeals Regulations 2022, TfL was required to serve the Notice of Rejection with the prescribed appeal form. Their letter of 12 June 2025 confirms they did not do so. This omission prevents the statutory appeal window from starting and invalidates any subsequent enforcement steps. Issuing a charge certificate on 2 June 2025 was therefore unlawful under Regulation 21(1)(a), which only permits such action where a valid Notice of Rejection has been properly served and no appeal submitted within time.

You have correctly attempted to lodge an appeal by email to London Tribunals, attaching all relevant TfL correspondence. If the tribunal accepts this, the matter can proceed. If they reject it for being out of time, you should wait for an Order for Recovery and then file a statutory declaration using form TE9 on the ground that you did not receive the Notice of Rejection with the appeal form. This will cancel the charge certificate and reinstate your right to appeal.

Your substantive ground, that you entered the bus lane solely to access adjacent premises, is supported by Regulation 4(3)(d)(i) of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005. That exemption must be considered.

You should not pay the £240 demand, as doing so will waive your right to contest. If the tribunal does not respond within ten working days, send a polite follow-up. TfL’s conduct is also open to complaint to the Local Government Ombudsman for maladministration.

The process has been mismanaged by TfL, but you have clear remedies and strong grounds to have the enforcement action set aside.

Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
« Reply #16 on: »
This being a bus lane in London the relevant legislation for the PCN is the London Local Authorities Act 1996 (as amended) (not the 2005 ones which were quoted in the previous message). There is nothing in the 1996 Act (or any other) which mandates the use of the Notice of Appeal, which the tribunal created for pure administrative convenience. One can always start an Appeal in writing or by sending an email as the tribunal back office are very helpful. What the back office will then do is contact TfL to check the details and that is what they will be doing now and they have a follow up system if TfL don't respond within 7-10 days (from memory). Hopefully an Appeal will be registered soon.

TfL have their file on hold according to their portal.

The reason for not paying is that if you do then you don't get an Order for Recovery and so can then file a statutory declaration. The process stops and your money is gone.

I don't think TfL have mismanaged anything, this is simply a case of a document lost in the post for which there is a recovery process.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
« Reply #17 on: »
I agree the 1996 Act applies and that the appeal form is not mandatory in every case. However, Regulation 5(2)(b) of the 1993 Adjudicators’ Regulations still requires TfL to include the form with the Notice of Rejection. Their failure to do so, and refusal to provide a replacement when asked, is not just a lost in post issue. It impairs access to appeal and risks procedural unfairness. That alone is enough to raise concern, even if the tribunal is flexible in practice.