on 03 Apr, 2025 08:07 in Civil penalty charge notices (Councils, TFL and so on)
Response:Thank you for your informal representation received regarding the above Penalty Charge Notice (PCN).Transport for London (TfL) acknowledge the comments raised within your representation stating that youare writing to challenge the PCN regarding an alleged bus lane contravention. You have also mentioned thatinadequate warning or signage of the lane, as the signage signalling a bus lane is facing oncoming traffic onthe main road, it is not adequately visible to drivers exiting from Birchwood court. Furthermore the tarmaclegend exiting Birchwood court only directs a TURN LEFT with no warning of a bus lane. You have furtherstated that No BUS LANE tarmac legend when exiting from Birchwood Court for hundreds of meters. You havealso said that the CCTV image presented by TfL shows two vehicles travelling directly on the right, meaningthat attempts to clear the lane at this time would have been blocked. You also believe that the PCN itself isunenforceable because the reference to The Interpretation Act is both irrelevant and confusing, as thelegislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/orappellant from the date of the notice. You have also stated that the statement: "Any written correspondencebefore the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion andis contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when thelegislation states "may" at 4(3)(e) 3. You have also mentioned that the statement: "It will not entitle you to theright of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statementabout consideration seems to contradict what has been previously stated. The statement: "Failure to respondor contact us within 28 days of the service date of this notice will result in the Enforcement Notice automaticallybeing sent to you after this period." similarly fetters discretion and also misstates the time period. You thereforewould like for this PCN to be cancelled.Please be advised that the photographs provided on the PCN are primarily used to demonstrate your vehiclewas at the location on the date of the contravention. All CCTV contraventions are recorded on digital storagemedia and are obtainable from Transport for London upon request.We issued the PCN because your vehicle was observed travelling within a bus lane in A406 N CIRCULAR W-BND CHEQUERS WAY GREEN LANES on 10/03/2025 at 01:28. Travelling within a bus lane during itsoperational hours constitutes a contravention. The bus lane is clearly sign posted stating Buses, Dial-a-RideBuses, Pedal Cycles, Taxis and Solo Motorcycles Mon - Sun At Any Time and marked out on the road surface.The legend 'BUS LANE' is marked on the road, and there is a solid white line running along the right-hand edgeof the bus lane for its full length. The onus is on the driver to be aware of the bus lane and its restrictions.Drivers are not permitted to drive in a bus lane during its period of operation. We have checked and thesignage and markings meet all the statutory requirements as set down in the Traffic Signs Regulations &General Direction 2016.Please note the onus is on the driver to be aware of road signs as laid out in the Highway Code, section 120:"Bus and Tram Lanes... are shown by road markings and signs. You must not drive or stop in a bus lane duringits period of operation unless the signs indicate you may do so." (Law RTRA scts 5 &

.Transport for London (TfL) has considered your informal representation. However we do not consider you haveestablished grounds or suitable reasons for the penalty charge to be cancelled.If you do not pay the outstanding Penalty Charge amount, an Enforcement Notice may be issued. TheEnforcement Notice will provide a further 28 days from the date on which it is served to make a payment of theoutstanding amount, or to make a formal representation. You must make your representation within the timeframe permitted and in the manner stated on the notice. If you delay making your representation we may nothave to consider it. A duly made representation will be considered and a formal decision will be sent to you. Ifwe reject your representation we will set out your right of appeal to an Independent Adjudicator and the timelimits for doing so.Please note we may not consider any additional informal representations that are made before theEnforcement Notice is issued.If you do not make a payment or representation, a Charge Certificate may be issued 28 days from the date ofservice of the Enforcement Notice. The Charge Certificate will increase the charge by 50% of the originalamount. If the increased Penalty Charge is not then paid we may apply to the County Court to recover thepenalty charge which will incur a further charge of £10 per Penalty Charge Notice.