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#Post#: 29942--------------------------------------------------
TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: RW33
Date: July 15, 2024, 12:28 pm
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I received this PCN from TFL by post today. The notice is dated
06/07/2024 but received it 9 days later. The notice says that
the 50% reduced rate is payable if "paid before the end of the
period of 14 days beginning with the date of this notice". I was
expecting it to be 14 days from the date the letter was
received. This is a bit unfair that now I have only 5 days
remaining to pay £80 and accept liability, or wait until the
full 28 days to be then served with the enforcement notice and
presumably become liable to pay the full £160 fine.
Incidentally, there are houses along that section of road next
to the problematic bus lane. Access to those require you to
drive into the bus lane in order to drive into the respective
parking spaces for the houses. There is nothing to say the
driver was not intending to visit any of those premises that
day.
Having looked at this notice is there anything that can be done?
If not I am tempted to pay the reduced amount before the time
expires instead of waiting the 28 days and ending up with with
the full charge.
PCN -
HTML https://imgur.com/a/cYjtWuo
#Post#: 29953--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: Hippocrates
Date: July 15, 2024, 2:41 pm
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We always advise fighting bus lane tickets!
#Post#: 29956--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: RW33
Date: July 15, 2024, 3:38 pm
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Thanks. I can wait out the 28 days. But it would be good to know
on what grounds I would fight the ticket.
#Post#: 29959--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: fraser.mitchell
Date: July 15, 2024, 5:28 pm
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You can get a delay by contacting TfL and request the video of
the alleged contravention. They send this out as a DVD, and put
the PCN on hold for 2 weeks. We need to see the video to decide
if there is a credible appeal argument to take to London
Tribunals. If you submit reps, TfL will refuse anything you say,
because they know most people then just cough-up. Once you get
the DVD, upload it to here for assessment. If you haven't
received the video towards the end of the hold period, contact
TfL to ask for the DVD again. It may be prudent to submit a
simple representation at that point so as not to lose your
option of going to London Tribunals.
With TfL, there may be a technical appeal argument, but I'll let
the experts tell you about that.
#Post#: 30088--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: Hippocrates
Date: July 16, 2024, 3:00 pm
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This PCN has serious flaws re service of an Enforcement Notice,
when - not if - they will send one. The Interpretation Act
reference is entirely irrelevant! Actions start from the date of
the notice.
I will draft something shortly.
#Post#: 30167--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: Hippocrates
Date: July 17, 2024, 7:16 am
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Dear TFL
Ref: PCN
VRM
I make this initial challenge as follows:
The PCN is unenforceable because:
1. The reference to The Interpretation Act is both irrelevant
and confusing as the legislation pertaining to Bus Lane
enforcement refers to actions which may be taken by the
authority and/or appellant from the date of the notice.
2. The statement: "Any written correspondence before the issue
of the Enforcement Notice will not be treated as a formal
representation." fetters discretion and is contrary to the
legislation in that it clearly implies that you will send an
Enforcement Notice when the legislation states "may" at 4(3)(e)
HTML https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
3. The statement: "It will not entitle you to the right of
appeal." is both absurd and flies in the face of the law and
natural justice. Further, the next statement about consideration
seems to contradict what has been previously stated.
4. The statement: "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." similarly fetters discretion and also misstates the
time period.
Request for the video
I ask for a copy asap please.
The alleged contravention did not occur
The embedded photograph on the PCN lacks any proof of relevant
signage either passed or in situ.
Camera authorisation
I put you to strict proof that the camera used to capture the
alleged contravention has the correct certification. If this is
not forthcoming, this will be another ground of appeal.
In light of the above, please cancel the PCN,
Name
Addresss
#Post#: 30174--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: Hippocrates
Date: July 17, 2024, 7:45 am
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[member=1]cp8759[/member] do you have the email contact for TFL
please? I should have it somewhere. :-[
#Post#: 30175--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: RW33
Date: July 17, 2024, 7:50 am
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Thanks! That is very helpful. I have already raised an enquiry
asking for the video and any other evidence related to this PCN.
Should I make the initial challenge using the same process, by
raising an enquiry regarding the PCN on the TFL website? There
doesn’t seem to be any obvious route to send any formal
representation at this stage, unless there is a way.
#Post#: 30177--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: RW33
Date: July 17, 2024, 7:52 am
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I don’t think I have the email contact. I had to raise an
enquiry on the website. If there is one it would be really
helpful.
#Post#: 30190--------------------------------------------------
Re: TFL, Bus Lane contravention, N circular Rd Btw Chequers Way
Green Lanes
DIR By: Hippocrates
Date: July 17, 2024, 9:04 am
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cp will have it.
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