Just to double check this is the draft before I send it:
Dear TFL,
I make this challenge as follows:
The PCN is unenforceable because:
1. The reference to The Interpretation Act is both 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.
2. 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/enacted3. The statement: "It will not entitle you to the right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement about consideration seems to contradict what has been previously stated.
4. 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 also misstates the time period.
The alleged contravention did not occur
The embedded photograph on the PCN lacks any proof of relevant signage either passed or in situ.
Camera authorisation
I put you to strict proof that the camera used to capture the alleged contravention has the correct certification. If this is not forthcoming, this will be another ground of appeal.
Finally this Enforcement Notice under service is wrongly described as a Penalty Charge Notice.
In light of the above, please cancel the PCN,
…
Do you suggest any other changes?
