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@Partypops post the enforcement notice please.

All of it please.

Yes.

@Hippocrates @cp8759 Any help will be much appreciated in writing an appeal.

I will dig out my previous drafts re another member's case.

Thanks, I did manage to find this appeal below. Tweaked it abit and added point number 5. Is this valid?


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.

5. Incorrect Location on the PCN: The location specified on the PCN is incorrect and misleading. The alleged contravention is stated to have occurred approximately 268 meters away from the actual location where the vehicle was recorded. This discrepancy in location renders the PCN defective, as it fails to provide the driver with precise information about where the alleged offence took place.

Under Regulation 8(5) of the London Local Authorities Act 1996, a PCN must state “the grounds on which the council or, as the case may be, Transport for London believe that a penalty charge is payable with respect to the vehicle.” Providing an inaccurate location does not meet this requirement, as it prevents the recipient from properly assessing the alleged contravention and preparing a fair defense.

Furthermore, the adjudicator in James Harris v Haringey (case reference 2190464396, London Tribunals) ruled that a PCN must contain a clear and correct location, as an inaccurate location could lead to unfairness and procedural impropriety. Given this, the PCN issued in this case is flawed and should be cancelled.


The alleged contravention did not occur

The embedded photograph and video evidence provided for the PCN lacks any proof of relevant signage either passed or in situ including any relevant road markers proving that this occurred on a bus lane.

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

@Partypops in all honesty, given that TFL will issue a notice of rejection no matter what you say, that will do.

Could have used some of that honesty from the start as I may have made use of the discounted cost.

What about the location being wrong? - That was why I embarked on this to fight the pcn but really I’m already fighting 3 other PCNs (private) at tribunal so I’m not sure if I will have the time to do prep for another

Quote from: cp8759 on March 21, 2025, 12:12:42 am

@Partypops in all honesty, given that TFL will issue a notice of rejection no matter what you say, that will do.

Could have used some of that honesty from the start as I may have made use of the discounted cost.

You misunderstand: TFL will reject anything you say, London Tribunals will give you a fair hearing and we have won almost every bus lane appeal since 2022. Like many you seem to be labouring under the misapprehension that TFL gets to make the final decision, this is not the case. The whole point of the process is to get a notice of rejection so that you can appeal to London Tribunals. I'm sure Hippocrates would be more than happy to represent you, so you won't have to actually do anything other than give him the paperwork.

Could have used some of that honesty from the start as I may have made use of the discounted cost...

No!

AS cp8759 has already said you obvously misunderstand.  TFL will just reject anything that you say irrespective of what it is.  They rely on people thinking that paying the discounted charge is a good deal and that it isn't worth taking to the tribunal - most people just pay up without contesting the charge.

As cp8759 has indicated, people challenging bus lane tickets at the tribunal with assistance from ftla usually win and TFL loses.

Obviously a win for you is not guaranteed but on past history...