Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: fox10 on February 14, 2026, 04:48:38 pm
-
Will do, thanks @Hippocrates
-
I would redact this as procedural impropriety is not a ground and you.ve already said it.
Procedural impropriety
I continue to rely upon the procedural improprieties identified in my original challenge, including in particular:
the statement that an Enforcement Notice will "automatically" be issued, which fetters the authority's discretion where the legislation provides that an Enforcement Notice may be issued;
the misleading wording concerning correspondence before the Enforcement Notice and the right of appeal; and
the failure to properly consider the matters raised in my initial challenge.
-
Thanks Hippocrates, so is this okay to submit:
Dear Sir or Madam
Re: Enforcement Notice – PCN GX33149185
Vehicle Registration: TRL1P
I make these formal representations against the Enforcement Notice on the grounds that the alleged contravention did not occur and that there has been a procedural impropriety.
Firstly, I ask that my initial challenge against the Penalty Charge Notice be treated as incorporated into these formal representations. I rely upon all of the points raised therein. TfL's rejection letter does not properly address the procedural improprieties identified, but merely asserts that the signage complies with the relevant legislation.
The alleged contravention did not occur
TfL has failed to produce evidence that my vehicle passed the prescribed bus lane entry sign (diagram 958 or 959).
The rejection letter merely states that the signage complies with the Traffic Signs Regulations and General Directions 2016. That is simply an assertion and is not evidence.
Having reviewed the CCTV footage, it does not show my vehicle passing either a diagram 958 or diagram 959 bus lane entry sign before the alleged contravention. Likewise, the still photographs contained within the Penalty Charge Notice do not show any such signage.
I therefore put TfL to strict proof that the prescribed bus lane entry sign was present, lawful, clearly visible and actually passed by my vehicle before the alleged contravention occurred.
Procedural impropriety
I continue to rely upon the procedural improprieties identified in my original challenge, including in particular:
- the statement that an Enforcement Notice will "automatically" be issued, which fetters the authority's discretion where the legislation provides that an Enforcement Notice may be issued;
- the misleading wording concerning correspondence before the Enforcement Notice and the right of appeal; and
- the failure to properly consider the matters raised in my initial challenge.
CCTV evidence
Although I requested the CCTV evidence promptly, it was supplied only on DVD.
In 2026, it is unreasonable to expect a motorist to possess or obtain DVD playback equipment simply to examine the evidence relied upon by the enforcement authority. This unnecessarily hindered my ability to review the evidence and prepare my case. TfL could easily have provided the footage via an online viewing portal or downloadable electronic
For the reasons set out above, TfL has failed to discharge the burden of proving the alleged contravention.
Accordingly, I respectfully request that the Enforcement Notice and the underlying Penalty Charge Notice be cancelled.
Yours faithfully
-
I make these formal representations against the EN. Please consider my initial challenge against the PCN as formal representations against the EN (which you describe as a PCN) and cancel both documents. There is no signage of a 959 or 958 allegedly passed.
-
Yes, eventually they did in the form of a DVD as mentioned in my draft appeal (above). Thanks
-
Did they send the video?
-
Hi,
Hope you are well. EN received - please see below and kindly advise. Thanks
(https://iili.io/COaO3WF.md.jpg)
(https://iili.io/COaOBUv.md.jpg)
(https://iili.io/COaOFig.md.jpg)
-
Okay, will do. Thanks!
-
Wait for the EN.
-
Good afternoon,
Hope you are well.
I had almost forgotten about this appeal but then suddenly this morning we received the following response. @Hippocrates Do we have grounds to take it any further? Thanks
(https://i.postimg.cc/hvpTQMtP/Scan-20260627.jpg)
(https://i.postimg.cc/4NjnLjMj/Scan-20260627-(2).jpg)
-
Hi was there any reply back to the appeal thanks
-
Redact this:
Camera Authorisation
I put the authority to strict proof that the camera used to capture the alleged contravention is a properly certified and authorised device for the enforcement of bus lane contraventions.
I understand that the camera used at this location was originally installed for yellow box junction enforcement. If that is the case, please provide the relevant certification confirming that the device is authorised for bus lane enforcement.
thanks, will do before I submit.
-
Redact this:
Camera Authorisation
I put the authority to strict proof that the camera used to capture the alleged contravention is a properly certified and authorised device for the enforcement of bus lane contraventions.
I understand that the camera used at this location was originally installed for yellow box junction enforcement. If that is the case, please provide the relevant certification confirming that the device is authorised for bus lane enforcement.
-
Good morning,
Hope you are well.
We have finally received the DVD so here is my draft appeal based on your template @Hippocrates Thanks!
Please review and let me know if that is okay to submit or needs any changes? Thanks
Dear Transport for London,
PCN: GX33149185
Vehicle Registration: TRL1P
I make this initial challenge against the above Penalty Charge Notice.
Procedural Impropriety
The PCN contains wording which misstates the legal position and fetters the authority’s discretion.
The notice states:
“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.”
Under section 4 of the London Local Authorities Act 1996 the authority may issue an Enforcement Notice. The legislation clearly provides discretion. The wording used in the PCN incorrectly suggests that an Enforcement Notice will automatically be issued, thereby fettering the authority’s discretion and misrepresenting the statutory process.
The PCN also states:
“Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation. It will not entitle you to the right of appeal.”
This wording is misleading and prejudicial. It implies that correspondence prior to an Enforcement Notice removes or affects the right of appeal, which is incorrect and contrary to principles of natural justice.
Video Evidence
I requested a copy of the video evidence relating to the alleged contravention. However, this has been supplied only on DVD.
In practical terms many people no longer possess DVD players. It is therefore unreasonable to expect a motorist to obtain such equipment simply in order to view evidence relied upon by the authority.
Please therefore provide the video evidence in an accessible electronic format such as an online viewing link or downloadable file so that the evidence can be properly examined.
Camera Authorisation
I put the authority to strict proof that the camera used to capture the alleged contravention is a properly certified and authorised device for the enforcement of bus lane contraventions.
I understand that the camera used at this location was originally installed for yellow box junction enforcement. If that is the case, please provide the relevant certification confirming that the device is authorised for bus lane enforcement.
Evidence of the Contravention
The still images provided within the PCN do not show any relevant bus lane signage either in situ or passed by the vehicle. As such the images themselves do not establish that the restriction was clearly indicated.
In light of the above procedural defects and evidential issues I request that this Penalty Charge Notice be cancelled.
Yours faithfully
-
Thanks Hippocrates, before submitting an appeal, I phoned TFL on 20/02/26 and requested a video of the incident. However I haven't received anything, so I phoned them again yesterday and they said that the request is on hold awaiting dispatch...is this unusual? I am wondering if there is something wrong with the video.
-
PM received. Search any TFL bus lane here and my template will be there.
-
Thanks, I will give them a call tomorrow and request it. Did the appellant that won their appeal obtain the DVD but had no way of viewing the footage?
-
Thanks @Incandescent. I will wait for the template from Hippocrates before submitting an appeal.
I tried to find the video on the tfl website but I couldn't find it
You won't find the video, because TfL are in the dark ages, (ink wells and quill pens, and powdered wigs worn by all officials, no doubt !). You have to phone them and ask for a video that comes as a DVD. A case recently on this was won at London Tribunals, because the appellant could not view the video as DVD readers are now few and far between.
-
Thanks @Incandescent. I will wait for the template from Hippocrates before submitting an appeal.
I tried to find the video on the tfl website but I couldn't find it
-
Looking at the photos on the PCN, neither shows you in a bus lane, so I suggest you submit representations on this basis. You could also ask them to provide the video of the alleged contravention.
Hippocrates has a 'technical' appeal against all London bus lane PCNs, but I ask him to tell you what it is.
-
Here it is: https://maps.app.goo.gl/329vHu1DQGjMVHSC9
thanks
-
Please post a GSV link to the exact location, please.
-
Good afternoon,
I hope you’re all well.
My wife has recently received a PCN for driving in a bus lane on Woodford Ave IG5. This bus lane is quite new, and the weather on the day was very poor, which made visibility difficult. She was driving to work, and because traffic in the right-hand lane was turning into Clayhall Avenue, she moved right in order to continue straight ahead.
We’re wondering if there may be any grounds for an appeal in these circumstances. Any advice would be much appreciated — thank you.
(https://i.postimg.cc/TYQb0dYk/Scan-20260214.jpg)
(https://i.postimg.cc/tCD6kqCB/Scan-20260214-(2).jpg)
(https://i.postimg.cc/WbSZ8Nb8/Scan-20260214-(3).jpg)