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Most likely from the timings is that a previous NIP was sent in time to be served within the 14 days and that your "primary NIP" was a reminder.

Only two NiP letters sent/received form the CPS.  One to the registered keeper and the other to the nominated driver.
The NiP to the registered keeper doesn't mention reminder, so I guess it's the primary notice.
This same NiP is dated 24/10/24 which is 50 days after the alleged offence of 03/09/24.

Does 14 days notice requirement apply to the nominated possible driver?

Automatic camera device= Speed 24mph on a 20mph road.
Camera images are of the rear of the vehicle and not high resolution.

Offence date: 03/Sept/24.
NiP date: 24/Oct/24, delivered to registered keeper, 50 days later.
Registered keeper and owner V5 log book address is correct and have not changed in the past 5 years.

Registered keeper completed online acdp.met.police.uk with: Not the driver at the time and provided the "Possible driver" details.  Note was added, as provided images are of the rear of the vehicle it's not possible to identify the driver for that day and questioned the 14 days notice.

NiP date: 07/Nov/24 delivered to nominated possible driver.
Completed and posted paper NiP with: Driver on this occasion. Attached letter outlining that unsure who was the driver on that day and questioned the notice not served within the 14 days.

Received reply letter: 19/Nov/24 (see attached image) that outlines there intention to proceed.
Received offer letter: 20/Nov/24 offer of National speed awareness course.
Sent reply letter: 21/Nov/24,  again pointing out the primary NiP not served within the legislations 14 days notice timeframe and included a copy of the primary NiP issued to the registered keeper.

It's now the 30/Nov/24 and I've not received a response.
Have I got this wrong?



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Thank you for your reply.

Yes, I understand that the matter will proceed to adjudication at London Tribunals.

I will most likely be unable to physically attend the adjudication, setting aside the need to use my vehicle and subsequent congestion charge, parking costs; the stress is a direct trigger of the health condition that will prevent me from physically moving at a reasonable amount.

I am hopeing the tribunals service provides a telephone adjudication?

To date I still have not received the NoR letter as informed by TfL over the phone early last week. Should I call them again to reissue the NoR letter?

Note: the CEO did take a photo showing me seated with my walking stick and said this may help if I decide to appeal the ticket.

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Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
(nearby building address: 78 Lewisham Park, SE13 6QJ)

https://tfl.gov.uk/modes/driving/challenge-a-pcn

PCN: GF83481687 Vehicle Reg: LY05EWJ
Stopped where prohibited (on a red route or clearway)
Contravention location - Lewisham Park (Lewisham) (near: 78 Lewisham Park, London SE13 6QJ)
https://maps.app.goo.gl/kSSg3WaZqKXsQgvU9
Contravention date and time - 02 July 2023 at 11:26
Current status - Representation Rejected
Outstanding amount - £ 160.00 (originally £80 if settled within 14 days)

PCN status history (TFL PCN challenge website)
10 October 2023Representation Rejected. TfL has rejected a representation received for this PCN.
22 September 2023On Hold: SUS26 - Representation Received
12 September 2023NTO/Enforcement Notice Batched
15 August 2023On Hold: SUS09 - DVLA Action
17 July 2023On Hold: SUS26 - Representation Received (14/08/2023)
17 July 2023On Hold: SUS26 - Representation Received (14/08/2023)
10 July 2023 Email dispatched to: **********@*********** Subj FW:Representation receipted
03 July 2023 Email dispatched to: **********@*********** Subj Representation receipted
02 July 2023On Hold: SUS26 - Representation Received
Note: no emailed received at any time from tfl, phoned to let them know, they sent again whilst taking with them but still no emails arrived. They said not important as letter will be send in post.

Challenge on grounds: Mitigating circumstances.
Attended hospital for investigative MRI scan for ongoing health condition. Due to long term diagnosed condition, vision/hearing/nausea (in olden language, had a dizzy spell), being present on the road corner perhaps 8 car lengths in front of him, tried to get CEO attention but he was distracted. Sent medical evidence in with appeal letter.

Status:
Informal representation = rejected. Received letter by post.
Formal representation = rejected. Received NtO letter by post.

Current status:
Waiting for NoR letter to arrive in post. Spoke to them on the phone last Monday, they said it was posted on the 10/10/23 but nothing arrived to date.

Is my health condition and the CEO not observing my presence an acceptable mitigating circumstance?





Formal representation Letter Date: 15/09/2023

*************
******** Road
London ******

Ref: GF83481687
(LY05 EWJ)

Date: 15/09/2023

Red Routes
PO Box 335
Darlington
DL1 9PU



Dear TfL
I would like to appeal on the grounds of mitigating circumstances.

I am physically disabled requiring the use of a walking stick. I am in receipt of ESA in the Support Group and on PIP with the Mobility component.

On return to my car I was handed a penalty notice by a parking attendant on the Sunday morning.

I was attending Lewisham hospital for a MRI scan (appointment letter enclosed) and was informed my particular scan would be 20mins. I attended earlier than my appointment time slot and fortunately was then seen earlier but the scan took approx 10 minutes longer, 30 minutes in total, something to do with additional area that was scanned.

The primary health condition is POTs (Postural Orthostatic Tachycardia syndrome) (diagnosis letter enclosed) in which i will get lightheaded or dizzy and heart palpitations when rising from a resting position like the mri scan table or exerting my body to move quickly to get across the traffic on the road.

I was returning to my car with 15 minutes to spare when i had a POTs episode. I could see what i thought was a parking attendant but i was not physically able to recover enough strength to settle the heart speeding rate with its nausea affect. I did try to get his attention but he was distracted by another driver that approached and he didn’t look directly in my direction only glancing for seconds but then returning to the other driver and at his equipment.

In essence, going by my car clock i did return in time but was restricted from moving because of the POTs health episode. I did have a POTs dizzy/palpitations/nausea episode event that prevented me from mobilising quicker with my walking aid. I could not get the attendant’s attention due to the distance, the other driver and road traffic noise.

Regards.
*************

Note: The parking attendant is to be commended (8071) he was very professional and courteous, even as he realised the circumstances that it was i that was waving at him with my stick trying to get his attention, apologising a number of times as he explained that he gets cars parked in those bays all day who are not attending the hospital.
The attendant was considerate in mentioning the disabled blue badge but i reaffirmed that i believe it is unfair for me to accept the offer, even though i qualify because there are very little disabled parking spaces and i fortunately and for the time being can still mobilise albeit slowly and with painful discomfort.

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