Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: z00pla on February 10, 2025, 06:39:28 pm
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I have prepared the following representation for this, can people criticize please:
Address/Name
[Date]
Transport for London
Parking and Traffic Penalty Office
Subject: Formal Challenge to PCN Number XYZ
Dear Sir/Madam,
I am writing to formally challenge the issuance of PCN number XYZ.
I challenge liability for PCN XYZ on the basis that the alleged contravention did not occur.
The location cited in the notice "ELTHAN RD" does not exist in the Transport for London road network.
As such, the premise on which this penalty charge is based is factually incorrect.
In light of the above, I request that you review the details of this case and cancel the PCN accordingly.
I would appreciate a prompt confirmation of the cancellation.
Thank you for your attention to this matter.
Yours faithfully,
[Name]
I am not mentioning in the formal appeal:
1. their failure to deliver informal appeal rejection properly (see above - their letters go to Gmail spam automatically due to some IT issues on their end)
2. my previous informal appeal where I was trying to explain why I was in the bus lane (can they use this informal appeal against me if I didn't challenge the street name first hand?)
Update:
Checked through appeals registry, the following seems very relevant:
https://drive.google.com/file/d/1NSSZCOrldWVe5CjCfMNlYttVo-wRx9rw/edit
https://drive.google.com/file/d/1JcyjBp4pgCmRnwVF8J5FBclrMHZqBWDC/edit
https://drive.google.com/file/d/11gX81OPL8CtmLSJVW4BGp8uETK-2sAFg/edit
https://drive.google.com/file/d/1zmFfde9dWul8UaT_lMWiobKsxrnDGLWK/view
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@Hippocrates
Are you referring to the incorrect naming of the street, or some other wording in the PCN I should refer to?
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I have a technical appeal against the PCN wording too.
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You should ask for the video, which they still send on DVD.
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I'd go for something along the lines of "I challenge liability for PCN xxxxx on the basis the alleged contravention did not occur. The location of the alleged contravention does not exist. It therefore follows that the PCN must be cancelled."
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@SITR:
Ha! Well-spotted! I read through PCN but did not notice this mistake in the street name...
How do I properly phrase this in the appeal though - is it:
* "I have never drove through ELTHAN RD - PCN is not valid - please cancel"
* "You have made a mistake in the street name - PCN is not valid - please cancel"
?
I am also attaching the informal appeal response from TfL - the one that was marked as "spam" by Gmail
(which interestingly still mentions the incorrect road name):
(https://i.imgur.com/MKi1WX2.png)
(https://i.imgur.com/dxy01dW.png)
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Check the location of the alleged contravention - It should say "ELTHAM RD" not "ELTHAN RD".
There's your get-out right there.
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The main thing is not to ignore the EN or it's game over.
You should submit your original reps and also point out that their email response went into your Spam folder due to it (say why here). You then say that this means you have lost the opportunity to pay the discount through no fault of your own.
Other thing to mention is that experts on here in TfL mismanagement of the enforcement process have won many appeals, so wait a bit until they respond. Our administrator is especially good at holding TfL's hand to the fire so don't fold and pay up yet !
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Went on a journey looking through my inbox trying to find the representation rejection.
It seems that the way how TfL sends their email is dodgy which results in it being hard-marked as "spam":
(https://i.imgur.com/i80xnp1.jpeg)
Now, this does not seem like a "reliable" mechanism of communicating rejection...
How can I approach this to at least get the opportunity to pay the discounted rate?
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Added original PCN, record of representation, Enforcement notice, and log from TfL website.
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Hello,
I've got a PCN from TfL on the basis of driving in the bus lane.
I have submitted a representation following the PCN (I travelled several meters in the lane following a U-turn), but never received a response to it.
Now I have received "Enforcement notice".
Timeline of events:
1. 19th of December 2024 - PCN generated.
2. 24th of December 2024 - The representation was submitted
I did not receive a confirmation email (email I entered is correct), and in the online system the fact of submission of representation is recorded - I also have a photo of representation submission.
The system noted that the PCN is "on hold".
3. No response on representation by either email or post
4. 06 February 2025 - Enforcement notice generated (and full amount now payable)
This does not seem, correct?
I wonder what proper action shall I take with regards to not receiving a response on my representation and the PCN going straight to Enforcement?
I have attached a log from TfL website to this post along with the other documents.
This seems to be somewhat similar to: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/46-stopped-where-prohibited-gt-representation-made-gt-no-decision-received-gt-no/
Does TfL have issues sending emails on representations?
Ideally, I would like for my appeal to be successful, but at the very least, get a response/rejection on my appeal and have a chance to pay the discounted rate. It seems unfair going from "appeal with no response" to "now you have to pay the full amount"...
Original PCN:
(https://i.imgur.com/sOq83KQ.jpeg?1)
Record of representation (I have never received confirmation email despite my email being correct):
(https://i.imgur.com/MpTykmE.jpeg?1)
Enforcement notice:
(https://i.imgur.com/uj0gTr9.jpeg)
Log from TfL website:
(https://i.imgur.com/LA4oxsH.png)