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Hi,

Hope you are well.

My Father has just received the PCN below, he was on his way to visit a friend and did not notice the sign or restriction (apparently recent change)- is there any scope for an appeal?

Streetview





Thanks

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, 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?

Here it is: https://maps.app.goo.gl/329vHu1DQGjMVHSC9

thanks

Thanks for the reply and advice.  I have seen the video and asked my Uncle what happened, he said he only reversed a lttle as there was no parking further down the road and he wanted to unload some items.  He is an OAP with a disabled badge so cannot walk very far.

 I will ask her when she is back from work but I guess we don't have a leg to stand on then for this one? Thanks

Thanks @Incandescent I have spoken to the Mrs and she said she was following the sat nav which didn't have the restiction marked - it was a route she doesn't normally take but was directed down the road due to traffic.  apparently she approached the junction straight (from the left) down St Andrews from Blackhorse lane

It's up to you really. You don't have a strong argument, but with good adjudicator, you might win on the basis of the only clock visible on approach to the sign is the one in your car, which, whilst reasonably accurate is clearly not as accurate as the one used by the council, but the council have not placed such an accurate clock that they claim to use at the point of entry. There was a successful case some years ago where the adjudicator said there had to be some application of common sense, in view of the fact the motorist only has his own clock to rely on which may show a different time. Having said that, your are not a hugely strong ground with a four minute variance. Careful writing of the appeal emphasising the council demand absolute obedience to the times, yet do not place a clock to esure this. Let's face it, if they can afford the cameras they can afford a couple of clocks ?

Of course it's your money, so if you paid, the regulars on here, like me, will understand.

Thanks for the detailed explanation, that makes sense. I can see how the “no clock at the point of entry” argument could be used, but it does sound like it would come down to how sympathetic the adjudicator is on the day. Given that it’s only a four-minute difference and not the strongest ground to fight on, we’ll probably just leave it rather than take it further.

Appreciate the advice and the context though, very helpful as always!