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#Post#: 38691--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: ivanleo
Date: September 28, 2024, 6:55 am
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--- Quote from: AFMAC link ---
>
> I think that I could add “because the vehicle was crossing the
bus lane to reach an off-street parking place.”
>
--- End Quote ---
Why would you admit that the vehicle crossed the bus lane?
Everything you say can and will be used against you, so don't
give them anything.
#Post#: 38859--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: September 29, 2024, 4:04 pm
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[member=1]cp8759[/member]. Thank you. I am very grateful for
all the advice on FTLA, which is based on such considerable
knowledge and experience.
I am in Italy, but can get my son to post my further
representations.
On your second point, I thought that something needed to be
added to the simple statement “The alleged contravention did not
occur”. I completely understand your point about not giving
them an inch, but since the photo shows the car clearly in a bus
lane, I don’t follow that it is making a concession by
acknowledging that. But I agree that one can’t be too careful.
Regards
#Post#: 38866--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: ivanleo
Date: September 29, 2024, 6:35 pm
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[member=2565]AFMAC[/member] you are not required to give them
anything at all as long as you claim they should cancel the
penalty owing to a statutory ground of appeal being made out.
We don't know if there is a traffic order that legally creates a
bus lane, we don't know if there is evidence of upright signs,
we don't know if the CCTV camera is an approved device, the list
is endless. Any of those factors could mean that the
contravention did not occur.
The only thing I would add to the representation is an FOI
request for the make and model of the camera, you must ask for
this within the representation itself or you won't get a
response.
#Post#: 39237--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: October 2, 2024, 4:13 pm
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[member=1]cp8759[/member]. Many thanks. I will post anything I
get back.
#Post#: 42158--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: October 24, 2024, 8:06 am
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I have now received the video, and attach it. It doesn’t add
much to the photos, but it does show that the car stopped after
passing our gate posts, and is positioned ready to reverse into
the entrance.
The status online is shown as
01 October 2024On Hold: CORRES RECEIVED PRIOR TO WARRANT
N/A
01 October 2024On Hold: SUS26 - Representation Received
N/A
Should I make a further representation?
HTML https://drive.google.com/file/d/1gxtPnrf8AG3Ngs1NqJ-bEBGv0h0N70YY/view?usp=drive_link
#Post#: 43531--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: November 1, 2024, 12:07 pm
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I have today received by email a rejection letter, which I
attach, together with my first and second representations.
In respect of the second representation, I made a very silly
mistake. I was out of the country, so had to send the letter to
my son to post, and managed to send him the version including
the reference to crossing the bus lane, instead of the version
leaving that out, as recommended by [member=1]cp8759[/member].
It also omitted the FOI request, but I have since made that
separately.
I note they have responded to that statement, but have ignored
the statement that it unenforceable. apart from stating “It is
clear the PCN has been correctly issued”. They have not
therefore dealt with all my representations.
What should I do now? I never received the PCN, and so never
had an opportunity to pay the discounted amount of £80.
Kind regards
Rejection
HTML https://drive.google.com/file/d/1uutCw-_PhKnev9punRphBYVpcWCa1Sa_/view?usp=sharing
Rep 1
HTML https://drive.google.com/file/d/1UhhEQZdr82TmW9wWOxshTw_mkQ1oFBcw/view?usp=sharing
Rep 2
HTML https://drive.google.com/file/d/1HI81Whl0gJGxntUxAUpeXNUb7Z_yvCpQ/view?usp=sharing
#Post#: 43559--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: Hippocrates
Date: November 1, 2024, 3:24 pm
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[member=2565]AFMAC[/member] This is now a no brainer it seems to
me to file an appeal to the Tribunal. Others may argue re the
non-delivery of the PCN. I am more than happy to represent you.
The PCN issue may be raised at the Tribunal hearing. I will PM
you.
Total failure to consider, which is a collateral ground.
All TFL cases must be filed by post at the Tribunal.
OK: sorted. I am taking care of this one.
#Post#: 43613--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: ivanleo
Date: November 2, 2024, 7:47 am
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--- Quote from: Hippocrates link ---
>
> All TFL cases must be filed by post at the Tribunal.
>
--- End Quote ---
[member=24]Hippocrates[/member] absolutely not, the scanned
appeal form should be sent by email to
queries@londontribunals.org.uk to avoid any risk of postal
issues, this also maximises the likelihood of TFL preserving the
discount even at the appeal stage (because if TFL are told of
the appeal while the discount is still on offer, they keep the
penalty frozen at the 50% rate even if the appeal is lost, so
it's crucial not to waste 4 / 5 days while the paper form goes
through the post and gets scanned).
#Post#: 43615--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: AFMAC
Date: November 2, 2024, 8:12 am
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Many thanks.
#Post#: 43616--------------------------------------------------
Re: TFL. Being in a bus lane. CLAPHAM RD NE-BND FROM SOUTH
LAMBETH RD
DIR By: Hippocrates
Date: November 2, 2024, 8:13 am
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--- Quote from: cp8759 link ---
>
> [quote author=Hippocrates link=topic=2940.msg43559#msg43559
date=1730492659]
> All TFL cases must be filed by post at the Tribunal.
>
--- End Quote ---
[member=24]Hippocrates[/member] absolutely not, the scanned
appeal form should be sent by email to
queries@londontribunals.org.uk to avoid any risk of postal
issues, this also maximises the likelihood of TFL preserving the
discount even at the appeal stage (because if TFL are told of
the appeal while the discount is still on offer, they keep the
penalty frozen at the 50% rate even if the appeal is lost, so
it's crucial not to waste 4 / 5 days while the paper form goes
through the post and gets scanned).
[/quote]
@cp8759 But, in the other thread, the OP made reps on line.
The discount has gone as per the NOR. I will raise the issue of
the PCN at the hearing.
HTML https://drive.google.com/file/d/1uutCw-_PhKnev9punRphBYVpcWCa1Sa_/view?usp=sharing
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