3. TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #15 on: »
Tfl have disregarded my late representation. https://i.ibb.co/BBVmQ2f/IMG-3917.jpg


Is my only other option to pay £240, which is a lot of money.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #16 on: »
Quote from: hirerspcn on July 19, 2024, 03:32:14 pm
Tfl have disregarded my late representation. https://i.ibb.co/BBVmQ2f/IMG-3917.jpg


Is my only other option to pay £240, which is a lot of money.
It isn't the only option.
The letter has a list of circumstances that could lead them to reconsider their decision. Do the circumstances of your case fit any of the list items ?
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #17 on: »
I see that they dance around the issue of dates and inaction.

Pl just list the key dates:
PCN dated 10 April(deemed received 12th April);
Request for DVD sent 12 April;
CC dated 4 June;
Latest date for making reps 'in time' was 9 May;
DVD received 21 June;

Was there a covering letter with the DVD, if so pl post.

IMO, disregarding your reps is not about regs per se, it's about TfL's duty to act fairly and has nothing to do with the contravention.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #18 on: »
Quote from: Incandescent on July 19, 2024, 07:00:09 pm
Quote from: hirerspcn on July 19, 2024, 03:32:14 pm
Tfl have disregarded my late representation. https://i.ibb.co/BBVmQ2f/IMG-3917.jpg


Is my only other option to pay £240, which is a lot of money.
It isn't the only option.
The letter has a list of circumstances that could lead them to reconsider their decision. Do the circumstances of your case fit any of the list items ?

The list doesn’t match any of my circumstances.




Quote from: H C Andersen on July 19, 2024, 07:26:41 pm
I see that they dance around the issue of dates and inaction.

Pl just list the key dates:
PCN dated 10 April(deemed received 12th April);
Request for DVD sent 12 April;
CC dated 4 June;
Latest date for making reps 'in time' was 9 May;
DVD received 21 June;

Was there a covering letter with the DVD, if so pl post.

IMO, disregarding your reps is not about regs per se, it's about TfL's duty to act fairly and has nothing to do with the contravention.

This was the only letter that came with the DVD: https://i.ibb.co/7yB3XQT/IMG-3918.jpg
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #19 on: »
PCN dated 10 April(deemed received 12th April);
Request for DVD sent 12 April;
CC dated 4 June;
Latest date for making reps 'in time' was 9 May;
DVD sent 14 June, 36 days after the last date for submitting reps;
DVD received 21 June;

Should be enough.

Dear Sir,

Thank you for your letter dated ****(OP we can't see it) disregarding my representations. In your response you offer to reconsider your decision and provide a list of possible reasons why you might do so.

Let me add another.

  You issued a PCN on 10 April;
  The latest date for submission of representations was therefore 9 May.
  I contacted you on 12 April requesting a copy of the DVD - which you offered   in the PCN;
  On 4 June you issued a Charge Certificate(a permissive power once the 28-day   period has elapsed);
  On 6 June and in desperation after receiving the CC I submitted   representations without the benefit of seeing your evidence, which is my right   under the legislation;
  You issued the DVD on 14 June(36 days after the latest day of the 28-day   period and 10 days after you had issued the Charge Certificate). In addition,   you provided a covering letter which omitted any reference to the CC;
  On *** you disregarded my representations.

I would suggest you revisit this decision.

Your failure to act fairly is contrary to your public law duty and I would have no hesitation in escalating this matter within Transport for London and, if necessary, to the Ombudsman.

Should you consider and subsequently reject my representations, so be it. But at least proper procedures would have been followed.

YF

*****

Wait for other views and post the date of their letter.
« Last Edit: July 19, 2024, 10:38:32 pm by H C Andersen »
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #20 on: »
Forgive me, the letter for this date is 12 July 2024 and was received on 19 July 2024.

Thank you
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #21 on: »
I should add that when I called to request footage and have the charge certificate cancelled, the could not cancel it.

However they advised me on 2 occasions that once I received the footage, I will be able to make representations.
____
Also if I am not allowed to make representations after a charge certificate, why bother sending out a dvd, when I was told that I would be able to once I have seen the footage. Also this was sent by recorded mail.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #22 on: »
Which might all be grist to the mill..in time, but IMO not now.

You do not have hard evidence to support your phone calls. My suggested draft focuses on irrefutable evidence, the vast majority of which has been generated by TfL.

I would not intend to expand on the draft unless something which is essential to the issue has been omitted. Frankly, if they can't see their error - in disregarding your reps, and let's be clear this is the issue - then IMO next step is their complaints procedure. IMO, they may not hide behind them having already followed prescribed procedure- which would otherwise deny you a second bite at the cherry- because the evidence shows they have not.

For the future, I am interested in your recollections regarding receipt of their correspondence, in particular a letter dated 12 July, carried by registered mail and being delivered on 19th. Unless there's something untoward at your end, this challenges any reliance upon the presumption of service at a time based upon the date of enclosed letters. But IMO this can be filed for later if required.
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  3. TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1