Free Traffic Legal Advice

We always advise fighting bus lane tickets!

You can get a delay by contacting TfL and request the video of the alleged contravention. They send this out as a DVD, and put the PCN on hold for 2 weeks. We need to see the video to decide if there is a credible appeal argument to take to London Tribunals. If you submit reps, TfL will refuse anything you say, because they know most people then just cough-up. Once you get the DVD, upload it to here for assessment. If you haven't received the video towards the end of the hold period, contact TfL to ask for the DVD again. It may be prudent to submit a simple representation at that point so as not to lose your option of going to London Tribunals.

With TfL, there may be a technical appeal argument, but I'll let the experts tell you about that.

Dear TFL

Ref:  PCN
      VRM

I make this initial 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/enacted

3. 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.

Request for the video

I ask for a copy asap please.

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.

In light of the above, please cancel the PCN,

Name

Addresss

Thanks! That is very helpful. I have already raised an enquiry asking for the video and any other evidence related to this PCN. Should I make the initial challenge using the same process, by raising an enquiry regarding the PCN on the TFL website? There doesn’t seem to be any obvious route to send any formal representation at this stage, unless there is a way.

cp will have it.

Ah yes I remember now.  Sorry the last cases I did were two years ago and have mislaid the e mail address.

Not yet. I challenged the PCN as Hippocrates suggested. TFL has paused the enforcement and they have 28 days to respond. So I’ll find out what they say later.