Free Traffic Legal Advice

Quote from: Partypops on March 21, 2025, 08:34:21 am

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.

Ok thanks

I have now submitted the formal challenge online and saved the confirmation that it is submitted.

If we appeal to tribunal, how does the process actually work? Is this like the small money claims process where you wait until they take to court and then make representations? What is the worst case scenario costs? Will it still be £160 if tribunal outcome is to pay?

If we appeal to tribunal, how does the process actually work? Is this like the small money claims process where you wait until they take to court and then make representations? What is the worst case scenario costs? Will it still be £160 if tribunal outcome is to pay?

It's slightly different because you have to take them to the tribunal, and then they have to prove that the penalty is payable, but you can rebut that by establishing a statutory ground of appeal. In practice if one of us represents you, then we'll take care of all of that for you.

The absolute worst case scenario is that you have to pay the penalty charge of £160, the tribunal itself is free to appellants (the authority pays a tribunal fee regardless of the outcome, but you don't have to worry about that).

I'd suggest you call TFL on 0343 222 3333 and ask them to confirm whether a notice of rejection has been issued. If it has, you can appeal, you don't actually need either the notice of rejection nor the tribunal appeal form, as long as you know that a notice of rejection has been issued within the last 28 days.

@Hippocrates are you picking this one up?

I will do so.

Hey buddy appreciate your help in this.
It looks like the notice of rejection was issued. Below is the letter that came in the post, what do you need from me?








Notice of Rejection
Thank you for your representation received regarding the above Penalty Charge Notice (PCN).
We acknowledge the comments raised in your representation stating that the bus lane is incorrect location on the PCN the location specified on the PCN is incorrect and misleading and the alleged contravention is stated to have occurred approximately 268 meters away from the actual location where the vehicle were recorded. You also add that the contravention did not occur and 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.

We issued the PCN because your vehicle was observed travelling within a bus lane in A406 N CIRCULAR W-BND CHEQUERS WAY GREEN LANES on 15/01/2025 at 08:17. Travelling within a bus lane during its operational hours constitutes a contravention. The bus lane is clearly sign posted and marked out on the road surface. The legend 'BUS LANE' is marked on the road, and there is a solid white line running along the right-hand edge of the bus lane for its full length.

Buses, Dial-a-Ride Buses, Pedal Cycles, Taxis and Solo Motorcycles Mon - Sun At Any Time

The onus is on the driver to be aware of the bus lane and its restrictions. Drivers are not permitted to drive in a bus lane during its period of operation. We have checked and the signage and markings meet all the statutory requirements as set down in the Traffic Signs Regulations & General Direction 2016. Please note the onus is on the driver to be aware of road signs as laid out in the Highway Code, section 120: "Bus and Tram Lanes... are shown by road markings and signs. You must not drive or stop in a bus lane during its period of operation unless the signs indicate you may do so." (Law RTRA scts 5& 8).

Transport for London (TfL) has considered your representation in accordance with the requirements of the above Act but we do not accept that you have established grounds or suitable reasons for the penalty charge to be cancelled. This letter is issued as a formal Notice of Rejection of your representation.

When considering representations and appeals, we fully consider all the circumstances present including any mitigating factors and whether it would be appropriate to apply our discretion over the enforcement of a PCN. In this instance we have decided not to exercise that discretion as we do not consider the mitigating factors present give reason to cancel the PCN(s) because your vehicle was observed travelling within a bus lane in A406 N CIRCULAR W-BND CHEQUERS WAY GREEN LANES on 15/01/2025 at 08:17. It is clear the PCN has been correctly issued.

You should now make full payment for the outstanding PCN(s) within 28 days of service of this Notice. The amounts) currently due is set out below.

You may appeal to an Environment and Traffic Adjudicator at London Tribunals, an independent adjudication service, against this decision on specified grounds within 28 days of the date of service of this letter. The adjudicator will consider your appeal and make an independent decision, which Transport for London will comply with. Please do not send your appeal to us and be aware an Adjudicator can only decide an appeal on statutory grounds. Further information is available on the London Tribunals website.

If you want to appeal to an Environment and Traffic Adjudicator at London Tribunals please ensure you read the enclosed form carefully, in particular the Appeal Procedure, and then complete, sign and send the attached form within 28 days of the date of service of this letter to London Tribunals, PO Box 10598, Nottingham, NG6 6DR.

You should be aware that in prescribed circumstances, the Adjudicator may award costs against you if the appeal is considered frivolous or vexatious or that the making, pursuing or resisting of the appeal was wholly unreasonable. Equally costs may be awarded against Transport for London if the adjudicator considers that the disputed decision was wholly unreasonable.

If you do not pay the penalty charge or submit an appeal within 28 days of the date of service of this notice of rejection a Charge Certificate may be served. This increases the penalty charge by 50% of the original amount. If the increased Penalty Charge is not paid, then Transport for London will apply to the County Court to recover the charges which will incur a further charge of £10 per Penalty Charge Notice.

HOW TO PAY
a). Credit/Debit card payments may be made ONLINE at tfl.gov.uk/redroutepayments
b). Credit/Debit card payments may be made by downloading the TfL pay to drive in London app
c). Payment can be made by POST to:

Red Routes
PO Box 335
Darlington
DL1 9PU

PLEASE DO NOT SEND CASH IN THE POST. All cheques/postal orders must be made payable to Transport for London and crossed "a/c payee". Please ensure your vehicle registration and Penalty Charge Number are written clearly on the back. Post-dated cheques will not be accepted.


wags and whiskers pet rescue

Thank you!!!

As we always say. It's always worth fighting.