Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Abi90 on March 03, 2025, 02:35:58 pm
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TFL were going to send me a transcript of my interactions with them to me to use as evidence to contest the charge certificate being issued.
After requesting the footage a third time, it finally got sent but whilst awaiting the transcript, I received an order for recovery.
Now I feel this is all still grossly unfair because the charge certificate should never have been issued to me in the first Instance but because I did receive the pcn and didn't appeal (whilst awaiting them to send me evidence) I don't see myself fitting into any of those boxes outlined in the PE3 forms.
How do I even proceed to challenge them for essentially robbing me of a fiar chance to appeal?
I called them today to request the transcript again and then to complain. They said a manager will call me tomorrow to see if we can resolve this. Hoping this will go well.
Any further advice will be very greatly appreciated.
Many thanks.
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@Pastmybest,
Great! Thank you. I will get on that!
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Forget the video for now you must concentrate on getting them to recind the charge certificate, thus reopening your route to appeal or you cannot engage
Do it all via e mail not telephone
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Update:
I've now had to call them twice (making 3 in total) to request this video. Last person said they would action the request themselves and I also asked for notes on my case so I can make a representation against the charge certificate as it was issued when I was awaiting a response from the first telephone call. Any advice on how to proceed if I do get the video or if I don't? As I am very skeptical of that at this very point in time. The initial request was made 1st week of March! It's been nearly 3 months!
Many thanks
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Thank you @Hippocrates
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AndyLord@tfl.gov.uk
NeilHassett@tfl.gov.uk
The former is the CEO.
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Thank you still @MrChips ! Much appreciated
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I don't know - but there are plenty of more experienced members on this forum who might have some ideas.
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@MrChips , yes, sorry 4th March.
That is such a shame. Any idea where the best route of complaint would be? I am really upset about this as effectively they would be saying I've lost my right to appeal and paying 4x the amount! I'm a mother on maternity leave and living hand to mouth as is! It's ridiculous!
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Alas we've heard similar stories before from others. TFL are a real shambles when it comes to the video evidence and frequently we hear of the video not arriving.
For TFL to say you should have chased them is a bit rich, but regretfully legally they are not obliged to send you anything at all and the regulations are quite strict and specific on the time limits.
See what others, with a better grasp on the exact process, recommend. There's no legal mechanism which gives you the right to get the Charge Certificate rescinded if you received the original PCN, so your only option as I see it is to go through some sort of complaint mechanism.
EDIT - I assume you mean you originally called them on 4 March, not 4 April?
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Dear @MrChips, I called TFL on 4th April to do exactly this. I was told the video would be sent and the PCN on hold until then. This week I received a charge certificate for £240 !
When I called TFL they said I was supposed to call them back when I did not receive the video. I do not remember this being a part of my conversation with the agent and even wanted to request the audio recording of that call to confirm. They said they would not rescind the charge certificate although I was well within my 14 days when I called to request the initial video. They have no put another pause on the charge certificate as I have requested the video yet again.
Please see a copy of the letter I received attached.
Can they blame me for the escalation? I honestly do not remember them saying this about the 14 days, Infact the impression I got was that it could take longer than 14 days which I wasn't surprised about. I was tempted to call them a few times to ask where the video was but didn't want to speed up the process for myself. *sigh and roll eyes*
What can I do about the escalation as I await the video? According to them, I failed to make representation but they just stole that opportunity from me.
[attachment deleted by admin]
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Thank you! I will do that now.
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In normal circumstances, any PCN served more than 28 days after the date if contravention can't be enforced. However as you car is leased, that deadline can be extended, although I'm not 100% sure how long they get for that so worth exploring.
You should also call TFL without delay to request a copy of the video footage which they will send to you on DVD in the post. They are the only London 'council' which doesn't have the technology to view it online!
They should put the PCN on hold while they do this but get confirmation of this when you call.
When the DVD arrives upload it and post a link back here.
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Hi all,
I recently received a Penalty Charge Notice (PCN) for being caught in a yellow box junction. It was back in December but what I think happened from the pictures is: that I was following a truck, and there were no vehicles in front of the truck, nor were there any traffic lights at the junction. I couldn't move forward because the truck was blocking the way, and I ended up in the yellow box.
The pcn refers to me as the car owner but I am leasing it through work.
(https://i.imgur.com/OCUgwXC.jpg) - 1st correspondence I received
(https://i.imgur.com/c1To0lt.png)- TFL view
https://maps.app.goo.gl/kudxeMCA5TCruhw96