Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: boggler on October 05, 2024, 01:16:43 pm
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Thanks.....They must have heard me.....The DVD arrived in the post today....The slightly sneaky thing is that immediately below the camera is where the bus lane ends and where I was turning left........
https://imgur.com/a/KLmG6aJ (https://imgur.com/a/KLmG6aJ)
Any chance of appealing this?
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56 day limit applies parking law but most adjudicators would regard the delay as bad enough to allow.
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Thanks a bunch. I'll be on the phone to them on Monday morning. Part of me is tempted just to pay up and avoid the stress. But the other part of me thinks "cheeky barstewards", that's exactly what they want me to do.
Don't join The Mugged Club
Quite. I should patent this. I see the OP has used my "template".
Indeed I did. Hope that's ok. Incidentally, if they pass the 56 day limit in sending me a rejection, do they have to cancel the PCN?
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Thanks a bunch. I'll be on the phone to them on Monday morning. Part of me is tempted just to pay up and avoid the stress. But the other part of me thinks "cheeky barstewards", that's exactly what they want me to do.
Don't join The Mugged Club
Quite. I should patent this. I see the OP has used my "template".
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So still no DVD or rejection yet. I have though received correspondence specifically with regards to the camera:
https://imgur.com/a/IFNp4AW (https://imgur.com/a/IFNp4AW)
On TFL, under the PCN history it still says "On Hold: SUS26 - Representation Received" dated October 17th 2024. Do I need to do anything more at this point?
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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.
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Hi,
Thanks for the advice. Requested the DVD which has not arrived yet. I'm away from the UK for a week though from this coming Wednesday and the 14 days will expire while I'm away. Can I phone TFL early to ask for another hold? Or should I just submit a 1st appeal anyway before I go away?
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Thanks a bunch. I'll be on the phone to them on Monday morning. Part of me is tempted just to pay up and avoid the stress. But the other part of me thinks "cheeky barstewards", that's exactly what they want me to do.
Don't join The Mugged Club
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Thanks a bunch. I'll be on the phone to them on Monday morning. Part of me is tempted just to pay up and avoid the stress. But the other part of me thinks "cheeky barstewards", that's exactly what they want me to do.
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There is no video to view on TFL's website only these three photos:
The video is the evidence. You need to ring TfL on Monday and ask them to send you a copy, and to put the PCN enforcement on hold while you are waiting for it.
+1
TfL are in the dark ages, and send videos out on a DVD, unlike all other enforcing bodies who put the video on their websites for access by quotation of PCN Number and car registration.
TfL normally put the PCN on hold for a fortnight, but will release the hold at that point.SO if you don't receive the video by the time the fortnight expires, you need to contact them again, to get another hold put on. If they won't do this, submit reps and make the point that you were unable to view their video as it had not arrived.
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There is no video to view on TFL's website only these three photos:
The video is the evidence. You need to ring TfL on Monday and ask them to send you a copy, and to put the PCN enforcement on hold while you are waiting for it.
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Hi,
I have received this PCN when I was crossing the end of the bus lane to turn left. Technically, I have crossed the lane but for a few metres at the end to turn left.
This is my notice:
https://imgur.com/a/S8oXHCY (https://imgur.com/a/S8oXHCY)
and this is the location (I have crossed the line just by the traffic island)
https://maps.app.goo.gl/1wH1y4BpKV2CcxNh7 (https://maps.app.goo.gl/1wH1y4BpKV2CcxNh7)
There is no video to view on TFL's website only these three photos:
https://imgur.com/a/S9Iy1IX (https://imgur.com/a/S9Iy1IX)
https://imgur.com/a/vSlpYHe (https://imgur.com/a/vSlpYHe)
https://imgur.com/a/rB61jqZ (https://imgur.com/a/rB61jqZ)
I appreciate any advice!