I have rung TFL because the PCN and video have not arrived. They told me that nothing had yet been sent, and that I needed to log my challenge before the hold runs out on (I think) next Tuesday. I was also told that the hold automatically stops when they SEND the information, which makes no sense.
My draft of what I might write, for you to consider, is as follows.
“I never received this PCN, but did receive an Enforcement Notice dated 12 August 2024.
I telephoned TFL on 28 August to ask for a copy of the PCN and also the relevant video, and my case was put on hold for 14 days. I have not received anything and I understand that nothing has yet been sent to me.
The background to this PCN is that I moved into Flat 1, 248 Clapham Road in 2015. It has off street parking, with a bus lane and cycle lane across the entrance. A camera has recently been installed covering this stretch of road, and this camera has generated the PCN.
I understand that I am allowed to cross the bus lane to reach my parking place. My own practice has been to cross the bus lane opposite the entrance, turn parallel to the pavement and go beyond the entrance, and then reverse in. This is necessary because of the nature of my parking pace, and desirable in order not to reverse across the pavement when I leave. If I went in forwards, I would have to carry out a similar manoeuvre when leaving. I believe that this process is compatible with the bus lane regulations, as it minimises the time my car is in the bus lane.
My wife was driving at the time of this PCN. She has followed a different pattern, as she did on this occasion. She entered the bus lane a short distance away from the entrance, drove to beyond the entrance and stopped, as shown in your third photograph. She then reversed into the entrance, as the video will no doubt show.
She went into the bus lane when she did in order to avoid inconveniencing any cyclist in the cycle lane, believing that it was therefore safer, and that it was compatible with the rules.
My first challenge is therefore that the time that the car spent in the bus lane was not excessive, was compatible with the rules and the PCN should therefore be cancelled.
If you conclude that my wife’s driving was not strictly compatible with the rules, then I request that on this occasion you should exercise your discretion to waive the penalty.
I reserve the right to add to my challenge when I have seen the PCN and video.
I also request that, if you do not waive the penalty, the charge should be reduced to £80, as it would have been if I had received the PCN, as I should have done.
I can absolutely confirm that the PCN was not delivered to Flat 1. Since the other flats in the building have a different entrance, it is possible that it was delivered (wrongly) to that entrance as sometimes happens. This is, however, unlikely, as the other occupants usually put such mail through my letter box. "
