Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: pogg000 on April 07, 2025, 09:47:55 am
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Well, you could compel them to send you the data electronically instead of physically, by making a formal SAR under article 15 of the GDPR (see https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/right-of-access/how-should-we-supply-information-to-the-requester/#electronicformat ), but remember that receiving the video would take away the chance of winning because they sent you an unplayable file on obsolete media.
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I take it your PS3 is the only item you own which plays CDs/DVDs?
Failing that, your options would seem to be to seek out a local friend who might have a DVD player, or a local library? If you can find somewhere to play it, ideally we'd want you to download it and then upload a link where we can watch it, but failing that recording the screen with your phone while it plays is sufficient.
Your difficulty supports the tribunal decision referenced by Stamfordman!
I have tried a dvd player in the car too.
says failed to load.
letter from tfl says computer needed to view footage.
even more rare.
my next step wait for letter before action??
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I take it your PS3 is the only item you own which plays CDs/DVDs?
Failing that, your options would seem to be to seek out a local friend who might have a DVD player, or a local library? If you can find somewhere to play it, ideally we'd want you to download it and then upload a link where we can watch it, but failing that recording the screen with your phone while it plays is sufficient.
Your difficulty supports the tribunal decision referenced by Stamfordman!
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I have received the dvd thing, but cannot see whats on it via my ps3 console.
Please can someone advise my next step?
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Video requested.
Thanks for your advice
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Big fan of that!
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A good case to remember about, and quite recent ! So as I understand it, their duty of fairness was the test applied here by the adjudicator.
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+1
Unfortunately TfL are in the Dark Ages with videos, but there seems to be nothing to force them to modernise, more's the pity. The only thing I can think of is their duty as a public body, to act fairly.
Case Details
Case reference 225000538A
Appellant Andrew Robert Dragoni-Long
Authority Transport for London
VRM BT70ZYM
PCN Details
PCN GX17347406
Contravention date 30 Jul 2024
Contravention time 18:03:00
Contravention location WEST HILL SW18 / FIRE STATION
Penalty amount GBP 160.00
Contravention Entering and stopping in a box junction
Referral date -
Decision Date 05 Mar 2025
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
The appellant appeared before me today at Chancery Exchange.
The enforcement authority, TfL, did not attend the hearing it not being expected to do so.
The contravention alleged in these proceedings was that this vehicle entered and stopped in a box junction when prohibited.
The enforcement authority is in my view under a duty to provide or make available all of its evidence to an appellant, in an accessible form, in good time for the hearing, in order that they might prepare their case in response.
The appellant said, and I accepted, that he had been unable to view the footage.
He said that although the authority had sent him a dvd of it he could not play that dvd because he did not have a dvd player.
Very few people these days do.
All enforcement authorities in London, apart from TfL, provide online access to video footage.
In the absence of this essential evidence in the case not being accessible to the appellant prior to the hearing I was satisfied that he was potentially prejudiced in the conduct of his appeal.
It was, accordingly, allowed.
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+1
Unfortunately TfL are in the Dark Ages with videos, but there seems to be nothing to force them to modernise, more's the pity. The only thing I can think of is their duty as a public body, to act fairly.
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Impossible to give good advice without the video. TFL don't offer access through their website and make you call to request a copy on dvd through the post. Please do that and then add to YouTube or similar and provide a link here.
TFL usually put the PCN on hold for two weeks while you wait, but seek confirmation of this when you call. We've also had a few people say that even after two weeks they are still waiting so keep an eye on the clock and follow up if it doesn't arrive.
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Hi I received this pcn.
Should | just pay this one?
I have no recollection of what happened this day.
https://imgur.com/a/rD47yhw
No video has been supplied for this moving traffic offence?? Is this normal?
Thanks in advance.