Thanks - the formal representation is ready to go and I'll send through the post (tracked) tomorrow. Final version below (without images as they are included earlier in the thread). I will get back in touch
@Hippocrates when the letter of rejection arrives - in the meantime, do let me know if you need anything ahead of the Tribunal stage. Thanks again for your help to date.
Formal Representation against Enforcement Notice (Penalty Charge Notice (PCN) GX2209961A)
I am writing to formally challenge the above Enforcement Notice regarding an alleged bus lane contravention for the reasons set out below.
1. Inadequate advance warning of the bus lane. A blue sign in Camden Road just before Lyme Street is obscured by a Congestion Charge sign. Please see Image 1. I stood in the inside lane of the road to take this photo. There should be adequate advance warning of the presence of a bus lane.
2. Confusing road markings at the junction with traffic lights at Camden Street. The inside lane becomes the bus lane immediately after the yellow box junction with traffic lights at Camden Street. The bus lane starts so close to the junction that the dotted white line of the bus lane meets the yellow line of the box junction – see Image 2. Therefore, motorists in the inside lane at the junction intending to drive straight on are not permitted to exit the junction in the same lane. However, the arrow marker on the road at the stop line indicates motorists may continue straight on – see Image 3 taken from Google Street, but doing so results in a fine. I believe there is a duty on TfL to ensure signs and road markings are clear and not misleading.
3. No BUS LANE legend. At no point does the bus lane have the words “Bus Lane” written on the tarmac from its commencement at Camden Street to the end. Other bus lanes in the Camden area do.
4. The notes on the Enforcement Notice incorrectly identify the Notice as a Penalty Charge Notice - see Image 4. This inaccuracy is misleading and confusing.
The PCN itself is unenforceable because:
5. The reference to The Interpretation Act is irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the Notice.
6. The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted7. The statement: "It will not entitle you to the right of appeal." is absurd and flies in the face of the law and natural justice. Additionally, the following statement about consideration seems to contradict what has been previously stated.
8. The statement: "Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period." similarly fetters discretion and mis-states the time period.
I therefore request the penalty be cancelled thereby avoiding further time and effort for both parties.
Yours sincerely,
