Free Traffic Legal Advice

So, in addition to dealing with my other PCN from Lewisham (These things always seem to come in twos!) I have been dealing with a TfL PCN since January 2024 which now has me confused as to what to do next.

I received the PCN for the contravention dated 15 January for 'being in a bus lane' A21 Lewisham HST NE-BND Ladywell Rd Writburn Rd at 15:58

They have Whitburn Road spelled incorrectly but I don't know if this matters.

I responded with my informal representation (31/01/2024) that I was trying to access a loading bay within the bus lane but abandoned my decision when I realised I only had 2 minutes left to park. The bay time finished at 4pm.  I had received a similar PCN in the past trying to access a loading bay within a bus lane which TfL promptly cancelled upon my informal representation, so I didn't think this one would drag out for almost a year.

They sent a rejection letter dated 16/02/2024.

I then rceieved the Enforcement Notice dated 15/04/2024.

I made my formal representation (07/05/2024) stating that the bay sign superseeded the bus lane sign whilst the bay was in operation and didn't contravene the bus lane order.

I was expecting a Notice of Acceptance or a Notice of Rejection but received neither.

I received a Charge Certificate dated 16/07/2024

I waited for the Order for Recovery and got it signed and posted (27/08/2024) at Bromley County Court (The second time this year!) stating I hadn't received the Notice of Rejection.

I was now for the second time awaiting the Notice of Rejection. Instead I received (07/11/2024) a huge evidence pack from TfL stating they have submitted the case to an adjudicator at the London Tribunals.

Surely they should have reverted the case back to the Notice of Rejection which should have contained a Notice of Appeal, giving me the opportunity to either pay or appeal?

It now says they are unable to deal with any queries about the case until a decision is made and that I should contact the London Tribunals for any information.

I want to seek help before contacting the London Tribunals to avoid any further problems.

PCN




Informal rejection



Enforcement Notice


Charge Certificate


Order for Recovery


Evidence Pack letter


Location
https://maps.app.goo.gl/PRPoQryXGVJEvLq78

https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted

Para. 10(7) of Schedule 1 applies i.e. for your SD grounds the authority is obliged to refer the matter to the adjudicator. This is not an appeal as such, the adjudicator will determine whether the matter is to be registered as an appeal and you should be notified accordingly.

In this huge Evidence Pack is there some sort of letter/summary where they explain what they want the Tribunal to do and why they believe the Adjudicator should do it? Wish to proceed with its enforcement is hardly adequate to describe this precisely.

They have included a witness statement where they say:

"We would oppose this application and request that the Adjudicator refuse the application. We would rely upon the following grounds:

a) All notices have been sent by first class post...
b) They sent a NoR on 20/05/2024...
c) Royal Mail has not indicated any problems with mail delivery..."

Basically, it seems they don't believe I didn't receive the NoR

I will phone them [Tribunal] tomorrow and will be in touch?

And ask, has the Adjudicator issued any directions in this case. If not, when might you expect to hear from the Tribunal formally in this matter?

Where is TEC's Revoking Order, you've not posted it.

As I posted, the duty on TfL is to refer the matter to the adjudicator whom the regs empower to issue directions, in practical terms without limit.
IMO, TfL's comments are improper and in the context of your submission to TEC irrelevant. The only notice at issue is the NOR. It is common ground between you and them that you received the PCN and EN, therefore banging on about all notices being posted is irrelevant. (whether these comments might have been stimulated by any back story between you and TfL we don't know).

They have included the Notice of Rejection in their evidence pack

Thanks John. It is a no brainer now as it has been forwarded to the adjudicator for further directions. I will PM later @CityChic with some suggestions.

We have another one pending.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-being-in-a-bus-lane-clapham-rd-ne-bnd-from-south-lambeth-rd/msg43616/#msg43616

So, The London Tribunals said they have sent a letter in the post on 7th November asking me to submit my original representations. It will also have instructions on how to book a personal hearing.

I will contact Hippocrates as soon as I receive it. Thank you.

E mail sent.

Okay, we are in touch.