Hi,
Just giving this a bump as I think I am going to have to do 1st reps anyway without the DVD as it has not yet arrived and I'll be away on Monday when my hold expires. How does this sound as a draft? Thanks in advance!
Dear Transport for London (TfL),
Re: PCN xxxxx
Vehicle Registration Mark (VRM): xxxxxxx
I write to formally challenge the above-referenced PCN on the following grounds:
1. The Interpretation Act Reference
The reference to the Interpretation Act in your correspondence is both irrelevant and confusing. The legislation governing bus lane enforcement clearly refers to actions that may be taken by the authority or the appellant from the date of the notice. Introducing unrelated legislation only serves to complicate the matter.
2. Incorrect Use of "May" and Restriction of Discretion
The statement:
"Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation."
This fetters discretion and is contrary to the legislation, which uses the term "may" in Section 4(3)(e) of the London Local Authorities Act 1996, rather than implying certainty in the issue of an Enforcement Notice.
Section 4(3)(e) - London Local Authorities Act 1996
3. Denial of Appeal Rights
The statement:
"It will not entitle you to the right of appeal."
This assertion is both legally incorrect and contradicts the principles of natural justice. Moreover, the subsequent statement about consideration of correspondence appears to contradict this initial claim, causing confusion and misrepresentation of my rights.
4. Incorrect Time Period and Automatic Enforcement Notice Issuance
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."
This not only misstates the actual time period but also again restricts discretion. It implies automatic issuance of an Enforcement Notice, contrary to the legislative framework.
5. Request for Video Evidence
I request a copy of the video evidence showing the alleged contravention as soon as possible. Without this, I am unable to properly consider the circumstances or the validity of the alleged contravention.
6. Alleged Contravention Did Not Occur
The embedded photograph within the PCN lacks sufficient proof of the presence of relevant signage either passed by my vehicle or located appropriately at the site of the alleged contravention. Without clear evidence, I dispute the occurrence of the contravention.
7. Camera Certification
I request strict proof that the camera used to record the alleged contravention is certified in compliance with the relevant legislation. If this is not provided, it will constitute further grounds for my appeal.
In light of the points raised above, I respectfully request that the PCN be cancelled.
