Free Traffic Legal Advice

PCN and Charge Certificate: https://imgur.com/a/c2Q75Ba



PCN status history with my email address removed: https://imgur.com/a/ZF9AqSB




If you look closely at the photo on the PCN, you can see that the license plate LR21DJJ belongs to the car at the top of the photo and is not the main subject. On this basis I made a representation on the TfL website straight away. The PCN status history on the website says that TfL sent me a confirmation email with the subject 'Representation receipted' which I don't have a record of.



I received a Charge Certificate from TfL today. I checked the PCN status history on the website, and apparently the representation was rejected in December. The history doesn't show the reason for the rejection or any attempt to notify me. I called the red routes phone number at 0343 222 2222 and explained that I don't think I broke the rules and the evidence they showed me proves nothing. I was informed that:

• my car was in the junction for 7 seconds
• TfL will continue with the enforcement process
• My next options are either to pay the PCN, or wait for the Order for Recovery and appeal to the Traffic Enforcement Centre with a Statutory Declaration

I checked the PCN spreadsheet Google doc in the sticky, and according to TfL's Enforcement Operations Agreement document 6.3 indicates if the car is stationary for more than 5 seconds when even partially inside the box, the representation is rejected. It's a fair cop! However...



tfl.gov.uk states I may make a Statutory Declaration if "You made a representation to us but did not receive a reply - This only applies if you made a representation within the time limit to the correct address provided on the PCN and did not receive a response from us. It does not apply if you received a reply you disagreed with or if we refused to consider your representation because it was late."



I think I may be able to make a Statutory Declaration on this point? As I mentioned, the PCN status history on the website says I was sent an email on receipt, but I was not sent an email telling me about the rejection, and I still do not know why my representation was rejected. However, I do not know what my entitlements are according to TfL rules. I would be obliged if anyone has any information about whether I should wait and make a Statutory Declaration or if I should try to do something else.

Yes, we need to see the videos, but your first and major task now is to get matter reverted to the representations stage.

The plain fact is you received the postal PCN and then submitted representions, but received no reply. At the Order for Recovery stage, when TfL have registered the debt at the Traffic Enforcement Centre, you have the opportunity to submit a Statutory Declaration that you submitted reps but did not receive a reply. TEC will cancel the OfR and the CC when they process your SD. However it must be made in-time in accordance with the timescale given on the OfR. Once things get 'oit-of-time' it becomes megadifficult. Once your CC and OfR are cancelled, TfL must  refer the matter to the adjudicator.

is the video really that close up and cropped???

I would suggest there was an exit available in the left lane, which you later took, so there may be milage in the not stopped due to stationary vehicles but would be a long shot

Not sure what your car insurance has to do with this, but the chances of a win in your case looked pretty small to me, having seen the video.