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Messages - Mut

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
« on: July 05, 2025, 01:09:48 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.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
« on: July 05, 2025, 08:53:06 am »
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.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Red route ticket issued by post to old address
« on: July 05, 2025, 08:46:29 am »
PCN Ticket, your position is now quite straightforward. The TEC order from 08 October revoked the Order for Recovery and cancelled the Charge Certificate. That means TfL should not have retained any enforcement fees or surcharges. The £420 paid to the bailiffs, the £80 surcharge, and the £9 TEC fee, totalling £509, are all recoverable.

You have paid the £160 PCN following the tribunal’s decision, so that part is done. The tribunal does not override the TEC order and cannot authorise TfL to keep sums beyond the PCN itself. That is now settled.

Your next step is to write to TfL, refer to the TEC order, and request a refund of £509 within 14 days. If they do not respond or refuse, you are entitled to bring a money claim in the county court for restitution of the unlawfully retained charges. You may also raise a complaint through their complaints process and escalate to the Local Government Ombudsman if needed, but the small claim is the most direct and effective route.

You are in a strong position. Best to now act on it.

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