Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: MoCo on June 19, 2025, 10:38:41 pm
-
I agree the 1996 Act applies and that the appeal form is not mandatory in every case. However, Regulation 5(2)(b) of the 1993 Adjudicators’ Regulations still requires TfL to include the form with the Notice of Rejection. Their failure to do so, and refusal to provide a replacement when asked, is not just a lost in post issue. It impairs access to appeal and risks procedural unfairness. That alone is enough to raise concern, even if the tribunal is flexible in practice.
-
This being a bus lane in London the relevant legislation for the PCN is the London Local Authorities Act 1996 (as amended) (not the 2005 ones which were quoted in the previous message). There is nothing in the 1996 Act (or any other) which mandates the use of the Notice of Appeal, which the tribunal created for pure administrative convenience. One can always start an Appeal in writing or by sending an email as the tribunal back office are very helpful. What the back office will then do is contact TfL to check the details and that is what they will be doing now and they have a follow up system if TfL don't respond within 7-10 days (from memory). Hopefully an Appeal will be registered soon.
TfL have their file on hold according to their portal.
The reason for not paying is that if you do then you don't get an Order for Recovery and so can then file a statutory declaration. The process stops and your money is gone.
I don't think TfL have mismanaged anything, this is simply a case of a document lost in the post for which there is a recovery process.
-
It is now clear that Transport for London has failed to comply with their statutory obligations in multiple respects, giving rise to procedural impropriety.
Under Regulation 13(1)(a) of the Civil Enforcement of Road Traffic Contraventions (England) Representations and Appeals Regulations 2022, TfL was required to serve the Notice of Rejection with the prescribed appeal form. Their letter of 12 June 2025 confirms they did not do so. This omission prevents the statutory appeal window from starting and invalidates any subsequent enforcement steps. Issuing a charge certificate on 2 June 2025 was therefore unlawful under Regulation 21(1)(a), which only permits such action where a valid Notice of Rejection has been properly served and no appeal submitted within time.
You have correctly attempted to lodge an appeal by email to London Tribunals, attaching all relevant TfL correspondence. If the tribunal accepts this, the matter can proceed. If they reject it for being out of time, you should wait for an Order for Recovery and then file a statutory declaration using form TE9 on the ground that you did not receive the Notice of Rejection with the appeal form. This will cancel the charge certificate and reinstate your right to appeal.
Your substantive ground, that you entered the bus lane solely to access adjacent premises, is supported by Regulation 4(3)(d)(i) of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005. That exemption must be considered.
You should not pay the £240 demand, as doing so will waive your right to contest. If the tribunal does not respond within ten working days, send a polite follow-up. TfL’s conduct is also open to complaint to the Local Government Ombudsman for maladministration.
The process has been mismanaged by TfL, but you have clear remedies and strong grounds to have the enforcement action set aside.
-
I have not received a reply fro London Tribunals yet. I only sent it on 30 June so I expect it is too early but how long do you think I should wait?
Yesterday I received a puzzling letter from TFL dated 25 June. It refers to my recent correspondence and then proceeds to tell me how to pay the fine and enclosed a copy of the reject notice. In the last paragraph it says 'we may issue a charge certificate'. However I have received a charge certificate. Is this just a computer generated standard letter?
The only recent correspondence I sent to TFL was on 16 June being a formal letter of complaint about the mail delays and the wrong advice I was given about applying on line. The actual 'bus lane contravention' and the rejection of representations was not added to the complaint. This latest letter has not addressed the complaints at all.
On the TFL history it states that representations were received on 17 and 25 June. I have not sent in any extra representations.
I attach the links to the 2 page letter.
https://imgur.com/a/UPSHMmj
https://imgur.com/a/jYwvor9
-
I have sent off the email with attachments. I am very grateful for your help.
BTW I checked with TEC this morning and my PCN has still not been registered so can't submit a TE9 yet.
-
I am now changing my advice in the light of TfL's letters.
I think you can make an Appeal and if it is rejected as out of time still make an out of time statutory declaration at the TEC if TfL move forward to an Order for Recovery. Do the following today if possible - you can cut and paste the below.
You should email queries@londontribunals.org.uk with a subject of 'PCN GX20342342 - new Appeal'
Dear Sirs
TfL have in their letter of 12 June invited me to start an Appeal because the formal Notice of Rejection dated 28 April only reached me in early June attached to TfL's letter of 2 June. I have lost time since then trying to get an Appeal form from TfL but they won't give me a fresh form. I think you will accept an Appeal by this method. I think you have all of the information you need in TfL's letter of 28 April, 2 and 12 June which are all attached.
My ground of Appeal is that the contravention did not occur as I entered the bus lane to gain access to adjacent premises.
Please list this as a postal Appeal.
If you need any more information please email me or telephone me on 07*** *** ***
(We can change to an in person Appeal later and/or add a representative later if you need one).
-
Sorry I can only post single links on Imgur:
Tfl rejection of representation
https://imgur.com/a/mzO1Fpc
TFL letter enc RN
https://imgur.com/a/8EGv8HX
Reject Notice
https://imgur.com/a/NZvrbxr
TFL Advising no appeal form to be sent
https://imgur.com/a/Bc4p2Sy
-
I have uploaded the TFL letters onto IMGUR but cannot find how to create a full BB Code. I did find a BB code for one document but not for the others. Can anyone help? Happy to post all links if that's the only solution
-
You are in safe hands with mrmustard. I can do no better than to state that the PCN has serious wording issues in my view. Also, the last couple I have done, they either messed up their evidence or did not contest.
-
I have now looked at the steps taken on the PCN.
(https://i.ibb.co/ZjTXrng/key-steps.jpg) (https://ibb.co/07J2Lg9)
I am now inclined to think that given that the Notice of Rejection was not received that the safest course is to await the Order for Recovery, when the balance increases to £250, and then file a statutory declaration that the Notice of Rejection was not received which will then open the door to the tribunal without running the risk that it will be rejected as out of time as would be the case with any Appeal made now.
We haven't seen what exactly TfL wrote so if they redated the rejection this could be sub-optimal advice so all letters from TfL should be added to this thread so that we can see exactly what they said (if they have redated the rejection we may not be out of time). I like to use imgbb.com , set to do not auto-delete, and then copy and paste the full BB code so we don't have to look at links, we get the full document on screen.
-
Thank you. I have wasted a lot of time waiting for a form that I now know I didn't need.
I worry that any appeal will be rejected due to being late. I have accepted Sr. Member's offer of help but everyone's advice will be welcome. I do want to get the appeal in the post this week.
-
Well, they sent another member an appeal form. This case will not be easy so I am up for offering any assistance.
-
TfL do not facilitate online Appeals to the tribunal. The form is not mandatory. You can post in a copy of the Notice of Rejection or scan it and email it to the tribunal. Details on the tribunal website which also provides a contact phone number. You tell the tribunal you wish to start an Appeal.
-
Thank you
-
You can either appeal using our on-line appeal portal using the verification code supplied by the enforcement authority with the Notice of Rejection, or by filling in the paper appeal form and sending it by post to the address shown on the form.
https://www.londontribunals.gov.uk/eat/appeals-process-explained
You do not need the paper copy.
-
Can anyone advise me on sending an appeal to London Tribunals?
The tribunal's website states that 'you should submit your appeal via the post using the Notice of Appeal form provided to you by the Enforcement Agency'.
As I previously posted I did not receive the reject notice and asked for it to be resent. A copy of the notice was eventually received but the Notice of Appeal Form was not included. I queried this and was told the form would be sent to me. However I then received a letter stating that I may appeal to the tribunal but 'please be advised that we are unable to provide you with a copy of the appeal form'.
Will my appeal be rejected without the appeal form?
Any advice on submitting appeals to London Tribunals will be gratefully accepted.
-
I have a long saga with a PCN after driving in a Bus Lane. Please bear with me as I upload details. This is new to me!
How long must we "bear with you" ? Better not to start a thread until you've got all your ducks in a row, surely ?
-
PCN: GX20342342
Car Reg: GJ11 XDB
Authority: Transport for London
I have a long saga with a PCN after driving in a Bus Lane. Please bear with me as I upload details. This is new to me!
To cut a very long story short. I received a penalty for entering a bus lane which is outside my friend's house. He has a horse shoe drive and on the date of the 'offence' I could not enter the first entrance due to parked cars but carried on to the 2nd entrance. Which is why for the 1st time in 9 years of entering the property I received a PCN. The incident happened on 23 November 2024 and is still dragging on.
Could you please advise me on what further steps I should take.
Potted History:
I sent two representations to TFL but did not receive the reject notice (RN) for the 2nd notice which was dated 28 April 2025. I phoned on 2 June and was told it had been sent by email. I asked them to resend it. I also noted that a charge certificate had been issued on 2 June. I phoned again on 4 June to say that I hadn't received the email. I was told that it had been sent by post. I was also told that once I received the RN I should ring them and they would halve the £230 penalty. I was also told that I could appeal online to London Tribunals. I later found out that London Tribunals only accept postal appeals with the relevant form that should be included with the RN. I received the charge certificate on 10 June to be paid on 15 June. I realise that I now have to wait a week and a day before I can contact the county court to let them know that I didn't receive the RN. I finally received the RN on 12 June but it did not contain the relevant form for forwarding my appeal to London Tribunal. I phoned and reported this and finally convinced the customer service operator (CSO) that the form was needed. He said it would be sent by post, it could not be emailed. Needless to say I still have not received the form and on Saturday I am going away for a week. The CSO also said that contrary to what I had been told previously TFL could not halve the increased charge.
I have copies of the PCN and video on imgur and will attempt to use the share link. Cannot find BBCode so posted individually/
https://imgur.com/a/bus-lane-video-qR0Spex
https://imgur.com/a/Xl3p7jD
https://imgur.com/a/bus-lane-history-r6L1VVv
https://maps.app.goo.gl/S94rCU5ZaQR6UpUq5