Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jaws33 on August 28, 2024, 02:38:57 pm

Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: jaws33 on August 30, 2024, 12:34:21 am
Fair enough. Thank you
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: Hippocrates on August 29, 2024, 09:36:14 pm
We don't support untruths on this forum, sorry

+10000000000000000000000000000000

No need to apologise.
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: Incandescent on August 29, 2024, 09:30:39 pm
We don't support untruths on this forum, sorry
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: jaws33 on August 29, 2024, 09:00:52 pm
I didn't receive the first pcn (with the discount) but i did receive the follow up pcn (but got it confused with a previous pcn that I'd had cancelled) and yes i received the EN too. But as there is no proof of me actually receiving these letters could i not try and make out I've only received the EN. Would that be a mistake?
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: Hippocrates on August 29, 2024, 06:02:48 pm
Did you receive the PCN and EN or not?
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: jaws33 on August 29, 2024, 12:25:32 pm
would i be wasting my time sending something like this?

Dear Transport for London,
I am writing to formally contest Penalty Charge Notice (PCN) number GX15913590, issued on 22nd August 2024 for an alleged contravention involving my vehicle, registration number BD70 HWL, in a bus lane.
I was unaware of the contravention until I recently received the notice demanding payment of £240, with no prior correspondence received regarding this matter. This notice is the first and only communication I have received concerning this PCN.
Due to the lack of prior notifications, I have been denied the opportunity to appeal the PCN within the permitted timeframe. I wish to bring to your attention that had I received the initial PCN or any subsequent reminders, I would have promptly responded and exercised my right to appeal or pay the penalty at the reduced rate.
I respectfully request that you consider this letter as an official representation against the PCN on the grounds that I did not receive the initial notification or any follow-up correspondence. I kindly ask that the penalty be reverted to the original amount, allowing me the opportunity to either appeal the charge or settle it at the original reduced rate.
As a responsible citizen, I fully understand the importance of adhering to traffic regulations, and I assure you that this matter is taken seriously. I would be grateful if you could investigate this issue, including reviewing your records for any communication errors that may have occurred.
Please let me know if any further information is required from my side to support this representation. I trust that you will consider my request fairly, and I look forward to your prompt response.
Thank you for your understanding and cooperation.

Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: Incandescent on August 29, 2024, 10:44:22 am
All PCNs have the offer of the discount, it is subsequent statutory documents that don't, like the Enforcement Notice, or a Notice to Owner. The title of the document is very important.
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: jaws33 on August 29, 2024, 10:02:04 am
The only thing i have to offer in mitigation would be that when they usually send the initial letter it'll have the photos on page 1 and also offer a 50% if the fee is paid before 14 days. That led to me assuming this was the follow up letter for the previous pcn i had cancelled a few days before. I know it's a lousy excuse but i didn't know there were pcns where you don't even get the chance to pay at a reduced fee. Do you reckon i should submit my reps pleading to get back the initial fee or try to get the contravention cancelled?
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: Incandescent on August 28, 2024, 11:57:35 pm
You need to submit reps in writing or online text. However, TfL are under no obligation whatsoever to accept them.
You can try calling, but all they'll tell you is that you are too late as they have served the Charge Certificate

Sorry to have to say it, but you are in a predicament of your own making.

Submit reps on the basis of what you have told us. DO you have anything to offer in mitigation ? For instance why did you get confused with a previous PCN ?
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: jaws33 on August 28, 2024, 11:05:37 pm
Thanks for the input... . What if i was to call up and say I've only received the enforcement letter and therefore have been unable to appeal or pay the reduced fee?
Title: Re: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: Incandescent on August 28, 2024, 05:48:41 pm
By ignoring both the PCN and the Enforcement Notice, you have forfeited your right to submit representations, sorry to have to say it. Now you are at the Charge Certificate stage and have no appeal rights.

Of course, you could submit some representations now, based on what you've told us in your narrative emphasising the confusion, but Transport for London are under no legal obligation to accept them. No harm will be done by submitting some reps, but don't expect a positive result although you may get lucky.
Title: Being in a bus Lane PCN, A406 w-bound GREEN LANES, / TFL
Post by: jaws33 on August 28, 2024, 02:38:57 pm
Hi,

I find myself in a bit of a predicament as i have received a PCN past the point of being able to make any representations. I recently appealed another PCN in the same location for the same contravention a few days before the current alleged contravention and managed to get it cancelled hence me getting confused and assuming the current PCN had already been cancelled (i only realised this PCN was different when i called up yesetrday to explain to them that the PCN has been cancelled to which they explained to me this is not the same PCN and is a newer one)

I was visiting My father who lives in a house on the north circular rd (a few doors down from this property https://maps.app.goo.gl/EbwhcMhjJQR361Fm7 ) that has on street parking that is only accessible via a bus lane (the bus lane can not be used at any time). when i left the parking spot and entered the road onto the bus lane i proceeded right to the end of the bus lane which was probably only another 50-100 yards up the road as it's much safer to do rather than try to enter the moving traffic as most of the time you won't get in. below are the links in order to the first letter received (4pages), the second most recent letter received (2 pages) and the 3 images available on the tfl website:

(https://i.imgur.com/fkh8CgV.jpg)
(https://i.imgur.com/rLa7GHD.jpg)
(https://i.imgur.com/iKpZljl.jpg)
(https://i.imgur.com/91FYU24.jpg)

(https://i.imgur.com/Hv5YFB6.jpg)
(https://i.imgur.com/kTnQVSx.jpg)

(https://i.imgur.com/dCpIJHI.jpg)
(https://i.imgur.com/hSjbVbN.jpg)
(https://i.imgur.com/VCKqhxs.jpg)

Another reason why i think i made an oversight on this PCN is because the first PCN letter you usually get has photos of the contravention embedded into the letter and offers a 50% discount but i didn't receive this on this occasion.

I also only saw that it says to leave in the PCN (GX15913590) and VRM (BD70 HWL) after obscuring all personal details so if i need to reupload i will.

please if anybody could advise me on how i could potentially get this cancelled or appeal via a tribunal then I'll be ever so grateful.

thanks!