Author Topic: TFL Bus lane PCN a406 green lanes  (Read 728 times)

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Incandescent

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Re: TFL Bus lane PCN a406 green lanes
« Reply #15 on: February 03, 2025, 10:55:52 pm »
The location on the PCN is clearly wrong, and should be part of your representations, the other being that you intended to park on the verge, but found the space too short, so drove on.

Also as this is a TfL PCN, there are other 'technical' arguments, such as camera authorisation and so on, but others on here are more expert than me, so will hopefully post soon.

Partypops

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Re: TFL Bus lane PCN a406 green lanes
« Reply #16 on: February 12, 2025, 01:03:33 pm »
The location on the PCN is clearly wrong, and should be part of your representations, the other being that you intended to park on the verge, but found the space too short, so drove on.

Also as this is a TfL PCN, there are other 'technical' arguments, such as camera authorisation and so on, but others on here are more expert than me, so will hopefully post soon.

Hi,
I have received the video evidence as below.
https://streamable.com/e/bjg99q?
« Last Edit: February 12, 2025, 10:29:44 pm by Partypops »

Partypops

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Re: TFL Bus lane PCN a406 green lanes
« Reply #17 on: February 12, 2025, 10:31:24 pm »
@cp8759 @Incandescent PCN discount expires next week as well as the freeze for video evidence. I have uploaded video and will be grateful for any help.

cp8759

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Re: TFL Bus lane PCN a406 green lanes
« Reply #18 on: February 12, 2025, 11:01:43 pm »
@Partypops if you make representations against the PCN they will be rejected but you will also lose the opportunity to make representations online, because the button to make representations online will disappear (it only works once) which means that when you get the Enforcement Notice, you will have to make representations by post. If those get lost in the post there could be a lot of administrative hassle in resetting matters.

Personally I would recommend you wait for the Enforcement Notice and simply make a formal representation against that, if you do that via the TFL website there won't be any issues of TFL not receiving the representations, and you'll be able to take a screenshot of the confirmation page as proof that they have actually received your representations.

It's almost impossible to lose a London bus lane PCN as long as it is argued properly, so forget about paying the discount as you'd be throwing your money away for nothing.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hippocrates

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Re: TFL Bus lane PCN a406 green lanes
« Reply #19 on: February 13, 2025, 09:37:12 am »
Of the last four: two they did not contest, one they did not attend and the other they did not provide a VCA certificate for the camera. All four members' cases won.

As the PCN date is 23rd January, the 14 days discount expired on 5th February in any event. As cp8759, wait for the EN and I will help draft something technical as well. Bit pressed for time but I will dig out the cases later.

In reverse order:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-pcn-lewisham-high-street-notice-of-rejection-not-received-straight-/msg54780/#msg54780

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-red-route-pcn-a23-london-rd-to-streatham-sw16/msg53347/#msg53347

DNC: 2240570457 and 2240500407.
« Last Edit: February 13, 2025, 11:14:29 am by Hippocrates »
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

Partypops

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Re: TFL Bus lane PCN a406 green lanes
« Reply #20 on: February 13, 2025, 03:34:34 pm »
@Partypops if you make representations against the PCN they will be rejected but you will also lose the opportunity to make representations online, because the button to make representations online will disappear (it only works once) which means that when you get the Enforcement Notice, you will have to make representations by post. If those get lost in the post there could be a lot of administrative hassle in resetting matters.

Personally I would recommend you wait for the Enforcement Notice and simply make a formal representation against that, if you do that via the TFL website there won't be any issues of TFL not receiving the representations, and you'll be able to take a screenshot of the confirmation page as proof that they have actually received your representations.

It's almost impossible to lose a London bus lane PCN as long as it is argued properly, so forget about paying the discount as you'd be throwing your money away for nothing.

Hey sorry if the question seems obvious here but why would I want to wait for the enforcement notice? I haven’t made have any representations yet so still have that option online and you mention it will get rejected at this stage?

You mention its better to do it on the TFL website so why not do it now as you mentioned its almost impossible to lose a appeal against bus lanes?
« Last Edit: February 13, 2025, 03:41:37 pm by Partypops »

Partypops

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Re: TFL Bus lane PCN a406 green lanes
« Reply #21 on: February 13, 2025, 03:40:50 pm »
Of the last four: two they did not contest, one they did not attend and the other they did not provide a VCA certificate for the camera. All four members' cases won.

As the PCN date is 23rd January, the 14 days discount expired on 5th February in any event. As cp8759, wait for the EN and I will help draft something technical as well. Bit pressed for time but I will dig out the cases later.

In reverse order:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-pcn-lewisham-high-street-notice-of-rejection-not-received-straight-/msg54780/#msg54780

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-red-route-pcn-a23-london-rd-to-streatham-sw16/msg53347/#msg53347

DNC: 2240570457 and 2240500407.

Hey, according to my calculation the discount actually expires on 20th February see timeline below:
PCN was issued 23rd January
Requested evidence on 3rd February 11 days commenced and PCN put on hold until 17 February.
On 17 February PCN comes off hold with 3 days remaining on discount so discount expires 20 February now.

Why shouldn’t we draft the appeal and submit online now?



 

Hippocrates

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Re: TFL Bus lane PCN a406 green lanes
« Reply #22 on: February 13, 2025, 09:27:16 pm »
@cp8759 Okay this makes it clearer? They will reject anyway but I will draft something. Keep a record of everything.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-contravention-n-circular-rd-btw-chequers-way-green-lanes/msg30167/#msg30167

Try that. Plus draft your own additions. And report back please.

From mrmustard to me recently: cccorrespondence@tfl.gov.uk
« Last Edit: February 13, 2025, 10:10:54 pm by Hippocrates »
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

cp8759

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Re: TFL Bus lane PCN a406 green lanes
« Reply #23 on: February 13, 2025, 11:39:27 pm »
Hey sorry if the question seems obvious here but why would I want to wait for the enforcement notice?
@Partypops informal representations are largely pointless, TFL are not required to consider them nor are they required to respond. Even if they do, they will just reject at which point the next step is to... wait for the enforcement notice and then make formal representations against the enforcement notice.

You cannot email representations to TFL, even if you have a valid email address they are only required to consider representations made in the form and manner stated on the PCN, and email is not one of them. Therefore even if you make representations by email, TFL will say that they are entitled to ignore them, which might make you think they're a bunch of so-and-sos but it's legally correct.

Therefore you might as well preserve your one and only chance to make representations online for the enforcement notice stage.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hippocrates

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Re: TFL Bus lane PCN a406 green lanes
« Reply #24 on: February 14, 2025, 11:31:54 am »
I stand sit corrected. ;D
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

Partypops

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Re: TFL Bus lane PCN a406 green lanes
« Reply #25 on: February 16, 2025, 11:09:33 pm »
Hey sorry if the question seems obvious here but why would I want to wait for the enforcement notice?
@Partypops informal representations are largely pointless, TFL are not required to consider them nor are they required to respond. Even if they do, they will just reject at which point the next step is to... wait for the enforcement notice and then make formal representations against the enforcement notice.

You cannot email representations to TFL, even if you have a valid email address they are only required to consider representations made in the form and manner stated on the PCN, and email is not one of them. Therefore even if you make representations by email, TFL will say that they are entitled to ignore them, which might make you think they're a bunch of so-and-sos but it's legally correct.

Therefore you might as well preserve your one and only chance to make representations online for the enforcement notice stage.

Thanks I understand now, what crooks TFL are. How is that even legal to not consider representations before discount is expired. That is really sneaky of them. I would like to use my appeal “chance” on the website at the enforcement stage so I will wait for the next stage and submit an appeal online here.

@cp8759 Okay this makes it clearer? They will reject anyway but I will draft something. Keep a record of everything.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-contravention-n-circular-rd-btw-chequers-way-green-lanes/msg30167/#msg30167

Try that. Plus draft your own additions. And report back please.

From mrmustard to me recently: cccorrespondence@tfl.gov.uk

Will wait for enforcement before submitting appeal as noted above so that representation gets through the right channel at the correct stage. Do you suggest I use that appeal for my case or could you help draft something more tailored? Such as the distance of camera etc.

cp8759

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Re: TFL Bus lane PCN a406 green lanes
« Reply #26 on: February 16, 2025, 11:27:24 pm »
Will wait for enforcement before submitting appeal as noted above so that representation gets through the right channel at the correct stage. Do you suggest I use that appeal for my case or could you help draft something more tailored? Such as the distance of camera etc.

I might have another tribunal outcome about this specific location by then, let us know when you get the enforcement notice and we will revisit then.

It's also worth checking the website at https://tfl.gov.uk/modes/driving/challenge-a-pcn at least twice a month as the PCN history will tell you once the enforcement notice has been posted, this means that even if it is lost in the post you will be able to challenge it (as you don't need to physically receive it in order to make representations against it).
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hippocrates

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Re: TFL Bus lane PCN a406 green lanes
« Reply #27 on: February 17, 2025, 08:43:53 am »
As per my thread in the Flame Pit, hopefully TFL will fall into line with the other 33 councils and we will be able to file and access cases online in the not-too-distant future.

https://www.ftla.uk/the-flame-pit/complaint-re-registration-of-appeals-to-transport-for-london/
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

Partypops

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Re: TFL Bus lane PCN a406 green lanes
« Reply #28 on: March 14, 2025, 06:07:26 pm »
Will wait for enforcement before submitting appeal as noted above so that representation gets through the right channel at the correct stage. Do you suggest I use that appeal for my case or could you help draft something more tailored? Such as the distance of camera etc.

I might have another tribunal outcome about this specific location by then, let us know when you get the enforcement notice and we will revisit then.

It's also worth checking the website at https://tfl.gov.uk/modes/driving/challenge-a-pcn at least twice a month as the PCN history will tell you once the enforcement notice has been posted, this means that even if it is lost in the post you will be able to challenge it (as you don't need to physically receive it in order to make representations against it).

As per my thread in the Flame Pit, hopefully TFL will fall into line with the other 33 councils and we will be able to file and access cases online in the not-too-distant future.

https://www.ftla.uk/the-flame-pit/complaint-re-registration-of-appeals-to-transport-for-london/

the PCN is now on enforcement stage, ready to make first challenge.

Hippocrates

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Re: TFL Bus lane PCN a406 green lanes
« Reply #29 on: March 14, 2025, 07:40:03 pm »
You mean formal representation.
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899