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Got another reply from Arriva. Unfortunately the CCTV footage is no longer available

I am in receipt of the below regarding right of access to your personal data under Article 15 of the General Data Protection Regulation (GDPR), we can confirm that we do not hold the information you have requested. Our system stores data for a period of 240hrs only and we would not now be able to retrieve footage for your incident on 17th October 2023.

If you are dissatisfied with any aspect of this response, you can lodge a complaint with your national supervisory Data Protection Authority. In the UK the Data Protection Authority is the Information Commissioner’s Office, contactable via the following details:
WEB: https://ico.org.uk/make-a-complaint/
E-Mail: casework@ico.org.uk

Stress the impact, that you were trying to get your wits, concerned with damage and to top it all, a bus driver was flashing you so you felt forced to pull over as soon as possible, which happened to be the bus stop

ok I will also add these in

Quote from: Incandescent on November 06, 2023, 11:59:09 am

Quote from: Hippocrates on November 06, 2023, 11:26:43 am

Just remember:  the more salient representations you make, the more they have to consider.  This is a statutory duty.  Personally, I would include as much as relevant.  It is generally agreed on both forums (fora?) that many council officers are not that fully-conversant with the law(s)!

I sometimes think it is "all", not "many" !

How does one apply to be a Hero Member?

I don't know, I never applied for it !

Have you explored the possibility of a statement from the 'bus driver?

No I haven't. Could you please elaborate a bit more?

I've had a look at the road layout and tried to visualise what happened, The only issue that will need explaining is why once you clear the junction did you not stop before the bus stop and when did you notice the bus driver flashing you

Let me have these two bits of info and i will draft you an appeal

I stopped right there at the edge of the yellow box when the car crash into mine but only for a very quick look. And since the car had drove off and I was blocking all the traffic I got back onto the car. Then while I was trying to recall what had happened and remember the vehicle's number plate,  I continued to drive for about 30 seconds and that was when I first notice the bus driver flashing, and then he continued flashing the light to the point that I decided I will to need to stop at a safe place.

 

Hi all,

Here is my updated draft. Let me know your thought.

Dear Sir/Madam,

I would like to appeal my penalty charge, and I will explain the events in the order they occurred before this alleged contravention so you can understand how and why it happened.

I was driving from Green Lanes toward High Road when, at the junction outside Turnpike Lane station, a police car with sirens on approached from the opposite direction. A vehicle behind me crashed into the right rear of my car before turning right into Westbury Avenue. I stopped by the edge of the yellow junction box to quickly visually check the damage, but the car had already driven off.

Although I was still shocked, I tried to recall what had happened and remember the vehicle's number plate as I continued the journey on High Road. Subsequently a bus behind me repeatedly flashed its front lights, which I believed was the bus driver trying to get my attention.

To eliminate any risk in continuing to drive following:

TSRGD schedule 7, part 6, para 4(2)(b)
"a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;"


 This led me to decided to pulled into the bus stop, where it made sense to assume the bus would stop and to let ongoing traffic pass before checking with the driver. After inspecting the rear of my vehicle, I waited for the bus. When it pulled alongside, the driver explained that he had witnessed the collision and had captured everything on the bus's CCTV. He advised me to contact TFL for a copy of the footage. After our conversation, I continued driving."

I hope that, after explaining the sequence of events that occurred, you can understand the intention behind this alleged contravention.

Hi all,

Here is my updated draft. Let me know your thought.

Dear Sir/Madam,

I would like to appeal my penalty charge, and I will explain the events in the order they occurred before this alleged contravention so you can understand how and why it happened.

I was driving from Green Lanes toward High Road when, at the junction outside Turnpike Lane station, a police car with sirens on approached from the opposite direction. A vehicle behind me crashed into the right rear of my car before turning right into Westbury Avenue. I stopped by the edge of the yellow junction box to quickly visually check the damage, but the car had already driven off.

Although I was still shocked, I tried to recall what had happened and remember the vehicle's number plate as I continued the journey on High Road. Subsequently a bus behind me repeatedly flashed its front lights, which I believed was the bus driver trying to get my attention.

To eliminate any risk in continuing to drive following:




 This led me to II decided to pulled into the bus stop, where it made sense to assume the bus would stop and to let ongoing traffic pass before checking with the driver. After inspecting the rear of my vehicle, I waited for the bus. When it pulled alongside, the driver explained that he had witnessed the collision and had captured everything on the bus's CCTV. He advised me to contact TFL for a copy of the footage. After our conversation, I continued driving."

I hope that, after explaining the sequence of events that occurred, you can understand the intention behind this alleged contravention.

TSRGD schedule 7, part 6, para 4(2)(b)
"a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;"


I claim the exemption afforded my the above quoted regulation and as such the PCN should now be cancelled


Remove what i highlight red and replace what is in blue moving the cited regulation because no one will accept it was because you stopped as you did because of the reg

Is this correct? Sorry for my english and thank you so much for all your input.

Dear Sir/Madam,

I am appealing against the penalty charge, and I will explain the events in the order they occurred before this alleged contravention so you can understand how and why it happened.

I was driving from Green Lanes toward High Road when, at the junction outside Turnpike Lane station, a police car with sirens on approached from the opposite direction. A vehicle behind me crashed into the right rear of my car before turning right into Westbury Avenue. A bus behind me repeatedly flashed its front lights, which I believed was the bus driver trying to get my attention.

To eliminate any risk in continuing to drive following:

TSRGD schedule 7, part 6, para 4(2)(b)
"a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;"

I decided to stop where it made sense to assume the bus would stop and to let ongoing traffic pass before checking with the driver. After inspecting the rear of my vehicle, I waited for the bus. When it pulled alongside, the driver explained that he had witnessed the collision and had captured everything on the bus's CCTV. He advised me to contact TFL for a copy of the footage. After our conversation, I continued driving."

I hope that, after explaining the sequence of events that occurred, you can understand the intention behind this alleged contravention.

I claim the exemption afforded my the above quoted regulation and as such the PCN should now be cancelled

Your faithfully

I am appealing against the penalty charge, and I will explain the events in the order they occurred before this alleged contravention so you can understand how and why it happened.

I was driving from Green Lanes toward High Road when, at the junction outside Turnpike Lane station, a police car with sirens on approached from the opposite direction. A vehicle behind me crashed into the right rear of my car before turning right into Westbury Avenue. A bus behind me repeatedly flashed its front lights, which I believed was the bus driver trying to get my attention.

To eliminate any risk in continuing to drive following:



I decided to stop where safe expexting the bus would stop.I let ongoing traffic pass before checking with the driver. When the bus pulled alongside, the driver explained that he had witnessed the collision and had captured everything on the bus's CCTV. He advised me to contact TFL for a copy of the footage. After our conversation, I continued driving."

I hope that, after explaining the sequence of events that occurred, you can understand the intention behind this alleged contravention.



In line with

TSRGD schedule 7, part 6, para 4(2)(b)
"a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;"


I claim the exemption afforded my the above quoted regulation and as such the PCN should now be cancelled

Your faithfully[/i]
[/quote]


see my amendment. Use that it makes more sense and eliminates opportunity for TfL to say" you can't do that"

Will send through this appeal letter this weekend if no one else has anything to add.

Do not send a letter in the post, representations should always be made online unless there's some really good reason not to.

Keep a screenshot of the confirmation screen. If the website has a character limit that is too low, put the representation in a PDF and upload it as an attachment and in the representation box just write "see attached representations".

Notice of rejection received today. They have rejected the representation as expected.

What do you guys think? Many thanks in advance.