DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 36033--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: September 7, 2024, 1:36 pm
---------------------------------------------------------
I have rung TFL because the PCN and video have not arrived.
They told me that nothing had yet been sent, and that I needed
to log my challenge before the hold runs out on (I think) next
Tuesday. I was also told that the hold automatically stops when
they SEND the information, which makes no sense.
My draft of what I might write, for you to consider, is as
follows.
“I never received this PCN, but did receive an Enforcement
Notice dated 12 August 2024.
I telephoned TFL on 28 August to ask for a copy of the PCN and
also the relevant video, and my case was put on hold for 14
days. I have not received anything and I understand that
nothing has yet been sent to me.
The background to this PCN is that I moved into Flat 1, 248
Clapham Road in 2015. It has off street parking, with a bus
lane and cycle lane across the entrance. A camera has recently
been installed covering this stretch of road, and this camera
has generated the PCN.
I understand that I am allowed to cross the bus lane to reach my
parking place. My own practice has been to cross the bus lane
opposite the entrance, turn parallel to the pavement and go
beyond the entrance, and then reverse in. This is necessary
because of the nature of my parking pace, and desirable in order
not to reverse across the pavement when I leave. If I went in
forwards, I would have to carry out a similar manoeuvre when
leaving. I believe that this process is compatible with the bus
lane regulations, as it minimises the time my car is in the bus
lane.
My wife was driving at the time of this PCN. She has followed a
different pattern, as she did on this occasion. She entered the
bus lane a short distance away from the entrance, drove to
beyond the entrance and stopped, as shown in your third
photograph. She then reversed into the entrance, as the video
will no doubt show.
She went into the bus lane when she did in order to avoid
inconveniencing any cyclist in the cycle lane, believing that it
was therefore safer, and that it was compatible with the rules.
My first challenge is therefore that the time that the car spent
in the bus lane was not excessive, was compatible with the rules
and the PCN should therefore be cancelled.
If you conclude that my wife’s driving was not strictly
compatible with the rules, then I request that on this occasion
you should exercise your discretion to waive the penalty.
I reserve the right to add to my challenge when I have seen the
PCN and video.
I also request that, if you do not waive the penalty, the charge
should be reduced to £80, as it would have been if I had
received the PCN, as I should have done.
I can absolutely confirm that the PCN was not delivered to Flat
1. Since the other flats in the building have a different
entrance, it is possible that it was delivered (wrongly) to that
entrance as sometimes happens. This is, however, unlikely, as
the other occupants usually put such mail through my letter box.
"
#Post#: 36037--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: Hippocrates
Date: September 7, 2024, 2:40 pm
---------------------------------------------------------
If and when you receive the PCN, I am here to help you as it is
deficient in several regards.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-contravention-n-circular-rd-btw-chequers-way-green-lanes/msg30167/#msg30167
#Post#: 36214--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: September 9, 2024, 8:28 am
---------------------------------------------------------
I am proposing to send my draft to TFL later today unless anyone
comments.
I am not complaining at lack of comments, as I know that you are
all volunteers, and I am very grateful for the input so far.
#Post#: 36239--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: Hippocrates
Date: September 9, 2024, 1:06 pm
---------------------------------------------------------
Please do not send this as it is far too candid.
*****
I never received this PCN, but did receive an Enforcement Notice
dated 12 August 2024.
I telephoned TFL on 28 August to ask for a copy of the PCN and
also the relevant video, and my case was put on hold for 14
days. I have not received anything and I understand that
nothing has yet been sent to me.
The background to this PCN is that I moved into Flat 1, 248
Clapham Road in 2015. It has off street parking, with a bus
lane and cycle lane across the entrance. A camera has recently
been installed covering this stretch of road, and this camera
has generated the PCN.
I can absolutely confirm that the PCN was not delivered to Flat
1. Since the other flats in the building have a different
entrance, it is possible that it was delivered (wrongly) to that
entrance as sometimes happens. This is, however, unlikely, as
the other occupants usually put such mail through my letter box.
"
I am placed at a distinct disadvantage as I have not received
the PCN. Furthermore, the EN does not show any signage
allegedly passed.
Please cancel the PCN/EN or at least resend the original of the
former.
Regards
#Post#: 37964--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: September 23, 2024, 1:24 pm
---------------------------------------------------------
My apologies. I drafted a reply to thank Hippocrates and to say
that I had submitted the suggested wording, but it doesn’t seem
to have been posted.
The reply from tflenforcement.com dated 9 September 2024 as
follows:
“Thank you - your representation has been submitted
We'll review your representation and send a response to the
registered keeper/liable party. The enforcement process will now
be suspended. We aim to respond to you within 15 days - please
contact us if you have not received a response after 21 days.”
No response yet, but I have received the copy of the original
PCN, and have uploaded it below with the covering letter. I see
that photo 3 from the website does not appear on the PCN.
There was also a document entitled “Important information.
Please read.” I imagine that that is always the same, but I can
upload a copy if required.
Is there anything that I should do now? The next step will
presumably be the response to my challenge.
The video requested has not arrived.
Kind regards
HTML https://drive.google.com/file/d/19gNC6MSh1mHcyNL950jsAirvRKPTL40J/view?usp=drive_link
HTML https://drive.google.com/file/d/1qGcxRz2-nytCu0mu9GHNSqnv0zZgZX0k/view?usp=drive_link
HTML https://drive.google.com/file/d/1VrlwKP9gNiVURfx_B5oWohpIx1uDvvpW/view?usp=drive_link
#Post#: 38055--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: Hippocrates
Date: September 24, 2024, 8:24 am
---------------------------------------------------------
I would put this in tweaked accrodingly:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-contravention-n-circular-rd-btw-chequers-way-green-lanes/msg30167/#msg30167
#Post#: 38079--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: September 24, 2024, 9:52 am
---------------------------------------------------------
Many thanks.
How do I submit this? The receipt for the previous change came
from a “noreply” address, and on the Challenge page for the PCN,
there is no longer a place to submit anything.
Is there an email address that I can use? Or do I have to ring
them to say that I want to add to my challenge because I have
now received the PCN?
#Post#: 38164--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: Hippocrates
Date: September 24, 2024, 1:56 pm
---------------------------------------------------------
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-contravention-n-circular-rd-btw-chequers-way-green-lanes/msg30530/#msg30530
In the above post.
#Post#: 38188--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: September 24, 2024, 3:49 pm
---------------------------------------------------------
Thanks. That page has lots of links on it. The one marked
“Challenge a PCN” leads to where I went before, with no ability
to add to a previous challenge.
However, if you click on “Contact red routes” then “Online form:
ask a question” and then “Make an enquiry”, you can choose
“Penalty charges and enforcement” to post up to 3,000 characters
and upload docs. Just giving all this detail as it might help
other people.
I will upload your text, appropriately adjusted, and and will
post anything that I get back.
You text includes the statement “The alleged contravention did
not occur”. I think that I could add “because the vehicle was
crossing the bus lane to reach an off-street parking place.”
And then “In any case, the PCN is unenforceable because … …”
#Post#: 38690--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: ivanleo
Date: September 28, 2024, 6:53 am
---------------------------------------------------------
[member=2565]AFMAC[/member] you'll have to make a representation
by post. If you try any other method TFL will say they could
disregard the representations because they were not made in the
form and manner stated in the enforcement notice.
Get proof of postage.
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page