Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Mazda3 on April 12, 2025, 04:42:04 pm
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That was quick!
My absolute pleasure as ever. But, I need a holiday. 8)
I now drive a Mazda3!
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Success! TFL will not contest.
https://imgur.com/a/Wq7LypF
Thank you for all your help @Hippocrates :))
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I will PM you now.
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Thank you for your reply, I will wait for @Hippocrates response to see if its worth fighting.
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With no re-offer of the discount, it is normally now a total no-brainer to take them to London Tribunals, but I don't think you have a very strong case, to be honest. However wait and see what the others say, but dont miss the deadline to pay or appeal.
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I have received the reply, please see attached below.
https://imgur.com/a/1AF00gu
Please advise what are the next steps?
Thank you
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Camera authorisation
I put you to strict proof that the camera used to capture the alleged contravention has the correct certification. If this is not forthcoming, this will be another ground of appeal.
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Just to double check this is the draft before I send it:
Dear TFL,
I make this challenge as follows:
The PCN is unenforceable because:
1. The reference to The Interpretation Act is both irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the notice.
2. The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
3. The statement: "It will not entitle you to the right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement about consideration seems to contradict what has been previously stated.
4. 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." similarly fetters discretion and also misstates the time period.
The alleged contravention did not occur
The embedded photograph on the PCN lacks any proof of relevant signage either passed or in situ.
Camera authorisation
I put you to strict proof that the camera used to capture the alleged contravention has the correct certification. If this is not forthcoming, this will be another ground of appeal.
Finally this Enforcement Notice under service is wrongly described as a Penalty Charge Notice.
In light of the above, please cancel the PCN,
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Do you suggest any other changes?
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Put in the same again and add they wrongly describe the EN under service as a PCN. Make no comment upon their previous letter of rejection.
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I have now received the enforcement notice. See images attached.
https://imgur.com/a/KUQ5bhN
Please advise, thank you!
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Wait for the Enforcement Notice.
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@Hippocrates Here is the response I have received from TFL.
https://imgur.com/a/FXHnZV9
I have no way of viewing the DVD without purchasing a DVD player as my laptop does not have a DVD drive.
Could you please advise what I should do next?
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@Hippocrates Thank you for the draft! I have adjusted and submitted it on the TFL website. I will update when I hear back from them.
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@Mazda3 Hang on a minute. Have you looked for my technical arguments? We always fight bus lane tickets on here. I have not lost one yet in 3 years.
I would use this, tweaked accordingly:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-contravention-n-circular-rd-btw-chequers-way-green-lanes/msg30167/#msg30167
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Frankly, I think you will struggle because you drive in the bus lane for a considerable distance. Why didn't you just turn into a space of the open carriageway. It does have all the hallmarks of somebody not wanting to tootle along in the open lane with the other traffic, but speed things up by using the bus lane. Tell me I'm wrong, but that is what is looks like !!
Also, can you call TfL and ask for the video of the incident. This puts a 2 week freeze into the process, and also a recent case was won at LondonTribunals because the appellant said he had no means of viewing the DVD before attending the hearing as no modern PCs have DVD readers anymore. TfL are in age of the Ark, I'm afraid, but now it has come back to bit them, at last !
Thank you for your reply!
That's fair enough, I thought it was fine to use the lane if I am going to park on the left. However as you said it would have been more appropriate to use the middle lane and only pull in to the bus lane when I had to.
Do know where I can find the rules regarding using the bus lane to park so that I don't make the same mistake again? I have seen rules for taxi and private hire vehicles but not for normal drivers.
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I have a technical appeal re the wording. Please search similar TFL bus lane posts.
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Frankly, I think you will struggle because you drive in the bus lane for a considerable distance. Why didn't you just turn into a space of the open carriageway. It does have all the hallmarks of somebody not wanting to tootle along in the open lane with the other traffic, but speed things up by using the bus lane. Tell me I'm wrong, but that is what is looks like !!
Also, can you call TfL and ask for the video of the incident. This puts a 2 week freeze into the process, and also a recent case was won at LondonTribunals because the appellant said he had no means of viewing the DVD before attending the hearing as no modern PCs have DVD readers anymore. TfL are in age of the Ark, I'm afraid, but now it has come back to bit them, at last !
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I have attached the dashcam footage of this incident where I am looking for parking on the left and have to pass some bays as they are either disabled bays or blocking driveways: https://www.dropbox.com/scl/fi/n95rnyzsprdlyn6xoege4/20250329_142629Front.mov?rlkey=f43kfwwbqy4p8bggcxmz09iyf&st=c9nox7n5&dl=0
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I received PCN today for being in the bus lane, the reason I entered the bus lane this was to access the free parking on the curb further ahead on the left where the cars are parked. I was parked there for a few hours while visiting a friend and left later that day via the same bus lane. I have used this bus lane many times over the years to park on the curb as it is the only way to access their driveway and this is the first time receiving a ticket for this.
Attached below are the letters:
https://imgur.com/sTehwjY
https://imgur.com/akDbjTJ
https://imgur.com/Iu83zAZ
https://imgur.com/WGB0Mrj
https://imgur.com/AiXwhh2
https://imgur.com/kjtpqSm
This should be the street view: https://maps.app.goo.gl/qypC1aHTWHyyNJis6
I have seen another post recently that is very similar to my case which may be of help: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-pcn-a406-green-lanes/
Thank you for reading and I am looking forward to your replies.