Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: holycow on June 14, 2025, 11:34:17 pm
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tec@justice.gov.uk
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FYI, these order for recovery came through. How can I send the PE3 by email? To what email address?
https://drive.google.com/file/d/1N0MRZJXFKj6aAbOizukWAWdx3dXseh25/view?usp=drivesdk
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It looks like they are playing very dirty but I don't see how I can prove it or what I can do about it
There is something you can do about it. And, no, they're not playing dirty, just being their usual incompetent selves.
We see cases like yours a lot on this forum, and there is a backstop legal process to get the matter reverted to the Enforcement Notice stage.
After the CC, TfL must register the PCN at the Traffic Enforcement Centre, (the "court" which has no judges and no courtrooms). Only when this is done can they start to collect the debt using bailiffs. But they must give you a final opportunity to pay by sending you an Order for Recovery. This will demand the CC amount plus the TEC fee of £10. Included with this will be the TEC form to submit a Statutory Declaration, (Form PE3). You can then submit this, ticking the box for "I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice."
TEC will then cancel the OfR, and the CC and the matter will revert to the stage when you submitted your reps.
You must now be proactive and after the period for payment of the CC expires, contact TEC about every 7-10 days to find out if the PCN has been registered. Alternatively, you can look at the audit trail for your PCN on the TfL website to see if the PCN has been registered. You can then not bother waiting for their OfR, but download Form PE3 from the TEC website, fill it in, get it witnessed, (that's when you sign and date it iwth witness present), and send it off by email or post.
https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice
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Yes I did:
1. Informal challenge in June and I requested the DVD
2. formal challenge in late September after getting the enforcement notice. They actually blocked me from submitting it online so I had to post the paper one!
They supposedly rejected my formal challenge on 8 oct but neglected to tell me of this before issuing the charge certificate.
It looks like they are playing very dirty but I don't see how I can prove it or what I can do about it :(
PCN status history on TFL.gov.uk here: https://drive.google.com/file/d/1whJEgIJGb9XDTfzHqF19W9ZN15K0xb0X/view?usp=drivesdk
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Did you not make any representations at all?
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Charge certificate now received.
What can I do?
https://drive.google.com/file/d/1-CuybxK516AIc47VKDcEdp4yIw2sxGTO/view?usp=drivesdk
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Interesting - I actually don't seem to have the option to challenge online anymore. Procedural impropriety?
https://drive.google.com/file/d/1g_ELcAAhBkVkwXOxl6PixejXtUx0eiE2/view?usp=drivesdk
https://tfl.gov.uk/modes/driving/challenge-a-pcn
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Enforcement notice now received. Do I appeal with the same as before?
https://drive.google.com/file/d/14BSTkl80yYr-_c_8c8w-PGdMuL9gC25z/view?usp=drivesdk
Yes. I require you to consider my initial challenge as formal representations. Please cancel.
*************
They recently DNCed one. Just keep going.
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Any advice much appreciated
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Enforcement notice now received. Do I appeal with the same as before?
https://drive.google.com/file/d/14BSTkl80yYr-_c_8c8w-PGdMuL9gC25z/view?usp=drivesdk
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Wait for the Enforcement Notice.
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They've finally rejected my informal appeal (attached). Should I formally appeal with the same?
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Good. I see you have found my "template".
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Finally found my portable DVD drive. Can't believe TFL opt to waste time and money burning and posting CD's, rather than simply emailing the 1.3mb video file (https://emoji.tapatalk-cdn.com/emoji85.png).
That exit is absolutely atrocious with regular half an hour tailbacks.
The bus lane literally only serves one bus (No. 173) and is empty 99% of the time. There was no enforcement on the bus lane (for us) right up until our recent sign up to TFL's auto-pay scheme! (I know it doesn't make any sense ;D )
I know none of this is really relevant but I'm just providing context...
https://drive.google.com/file/d/13FaxhTZupe5ZqmcRpErf27DUR-elJoAP/view?usp=drivesdk
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We have informally appealed with:
"I make this initial 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 received 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.
5. The tfl.gov.uk/red-routes web address provided for paying the PCN is incorrect and results in a "sorry, this page cannot be found".
6. 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.
In light of the above, please cancel the PCN.
I also request video footage of the alleged contravention to be sent to me"
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I have 100% v TFL bus lanes. I will dig out my technical appeal which will be available on similar threads. The last couple they did not contest. In another one they forgot to adduce the VCA certificate.
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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First thing to do on Monday is to phone TfL and ask for the video. This will be sent as a DVD, (yes, TfL are in the Dark Ages with IT !). However, it does give you and us more time to see what may be done, because they freeze enforcement for 2 weeks to allow the video to be produced and sent in the mail.
There are good possibilities for getting your PCN cancelled due to some peculiarities of the 1996 Act shown at the top of your PCN, but you will need 'Hippocrates' and/or cp8759 to see this thread.
The signage for this bus lane looks OK, so how come you missed it ?
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Hi legends,
TFL Bus lane PCN received for A13 Beckton exit
https://maps.app.goo.gl/unAxoYtNrwpiHoSy6?g_st=ac
No contravention video available, just images.
In 2022 we appealed a bus lane PCN on the grounds of "camera authorisation". Barking and Dagenham council failed to contest the appeal at London tribunals so we won by default. Is the "camera authorisation" angle still the way to go, now?
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