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#Post#: 39482--------------------------------------------------
TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: boggler
Date: October 5, 2024, 7:16 am
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Hi,
I have received this PCN when I was crossing the end of the bus
lane to turn left. Technically, I have crossed the lane but for
a few metres at the end to turn left.
This is my notice:
HTML https://imgur.com/a/S8oXHCY
HTML https://imgur.com/a/S8oXHCY
and this is the location (I have crossed the line just by the
traffic island)
HTML https://maps.app.goo.gl/1wH1y4BpKV2CcxNh7
HTML https://maps.app.goo.gl/1wH1y4BpKV2CcxNh7
There is no video to view on TFL's website only these three
photos:
HTML https://imgur.com/a/S9Iy1IX
HTML https://imgur.com/a/S9Iy1IX
HTML https://imgur.com/a/vSlpYHe
HTML https://imgur.com/a/vSlpYHe
HTML https://imgur.com/a/rB61jqZ
HTML https://imgur.com/a/rB61jqZ
I appreciate any advice!
#Post#: 39492--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: John U.K.
Date: October 5, 2024, 10:19 am
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--- Quote ---
> There is no video to view on TFL's website only these three
photos:
--- End Quote ---
The video is the evidence. You need to ring TfL on Monday and
ask them to send you a copy, and to put the PCN enforcement on
hold while you are waiting for it.
#Post#: 39498--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: fraser.mitchell
Date: October 5, 2024, 11:55 am
---------------------------------------------------------
--- Quote from: John U.K. link ---
>
> [quote]There is no video to view on TFL's website only these
three photos:
--- End Quote ---
The video is the evidence. You need to ring TfL on Monday and
ask them to send you a copy, and to put the PCN enforcement on
hold while you are waiting for it.
[/quote]
+1
TfL are in the dark ages, and send videos out on a DVD, unlike
all other enforcing bodies who put the video on their websites
for access by quotation of PCN Number and car registration.
TfL normally put the PCN on hold for a fortnight, but will
release the hold at that point.SO if you don't receive the video
by the time the fortnight expires, you need to contact them
again, to get another hold put on. If they won't do this, submit
reps and make the point that you were unable to view their video
as it had not arrived.
#Post#: 39499--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: boggler
Date: October 5, 2024, 11:57 am
---------------------------------------------------------
Thanks a bunch. I'll be on the phone to them on Monday morning.
Part of me is tempted just to pay up and avoid the stress. But
the other part of me thinks "cheeky barstewards", that's exactly
what they want me to do.
#Post#: 39506--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: fraser.mitchell
Date: October 5, 2024, 12:33 pm
---------------------------------------------------------
--- Quote from: boggler link ---
>
> Thanks a bunch. I'll be on the phone to them on Monday
morning. Part of me is tempted just to pay up and avoid the
stress. But the other part of me thinks "cheeky barstewards",
that's exactly what they want me to do.
>
--- End Quote ---
Don't join The Mugged Club
#Post#: 40524--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: boggler
Date: October 13, 2024, 6:06 am
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Hi,
Thanks for the advice. Requested the DVD which has not arrived
yet. I'm away from the UK for a week though from this coming
Wednesday and the 14 days will expire while I'm away. Can I
phone TFL early to ask for another hold? Or should I just submit
a 1st appeal anyway before I go away?
#Post#: 40963--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: boggler
Date: October 16, 2024, 4:19 am
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Hi,
Just giving this a bump as I think I am going to have to do 1st
reps anyway without the DVD as it has not yet arrived and I'll
be away on Monday when my hold expires. How does this sound as a
draft? Thanks in advance!
Dear Transport for London (TfL),
Re: PCN xxxxx
Vehicle Registration Mark (VRM): xxxxxxx
I write to formally challenge the above-referenced PCN on the
following grounds:
1. The Interpretation Act Reference
The reference to the Interpretation Act in your correspondence
is both irrelevant and confusing. The legislation governing bus
lane enforcement clearly refers to actions that may be taken by
the authority or the appellant from the date of the notice.
Introducing unrelated legislation only serves to complicate the
matter.
2. Incorrect Use of "May" and Restriction of Discretion
The statement:
"Any written correspondence before the issue of the Enforcement
Notice will not be treated as a formal representation."
This fetters discretion and is contrary to the legislation,
which uses the term "may" in Section 4(3)(e) of the London Local
Authorities Act 1996, rather than implying certainty in the
issue of an Enforcement Notice.
Section 4(3)(e) - London Local Authorities Act 1996
3. Denial of Appeal Rights
The statement:
"It will not entitle you to the right of appeal."
This assertion is both legally incorrect and contradicts the
principles of natural justice. Moreover, the subsequent
statement about consideration of correspondence appears to
contradict this initial claim, causing confusion and
misrepresentation of my rights.
4. Incorrect Time Period and Automatic Enforcement Notice
Issuance
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."
This not only misstates the actual time period but also again
restricts discretion. It implies automatic issuance of an
Enforcement Notice, contrary to the legislative framework.
5. Request for Video Evidence
I request a copy of the video evidence showing the alleged
contravention as soon as possible. Without this, I am unable to
properly consider the circumstances or the validity of the
alleged contravention.
6. Alleged Contravention Did Not Occur
The embedded photograph within the PCN lacks sufficient proof of
the presence of relevant signage either passed by my vehicle or
located appropriately at the site of the alleged contravention.
Without clear evidence, I dispute the occurrence of the
contravention.
7. Camera Certification
I request strict proof that the camera used to record the
alleged contravention is certified in compliance with the
relevant legislation. If this is not provided, it will
constitute further grounds for my appeal.
In light of the points raised above, I respectfully request that
the PCN be cancelled.
#Post#: 44230--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: boggler
Date: November 6, 2024, 8:23 am
---------------------------------------------------------
So still no DVD or rejection yet. I have though received
correspondence specifically with regards to the camera:
HTML https://imgur.com/a/IFNp4AW
HTML https://imgur.com/a/IFNp4AW
On TFL, under the PCN history it still says "On Hold: SUS26 -
Representation Received" dated October 17th 2024. Do I need to
do anything more at this point?
#Post#: 44269--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: Hippocrates
Date: November 6, 2024, 12:25 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=boggler link=topic=3351.msg39499#msg39499
date=1728147431]
> Thanks a bunch. I'll be on the phone to them on Monday
morning. Part of me is tempted just to pay up and avoid the
stress. But the other part of me thinks "cheeky barstewards",
that's exactly what they want me to do.
>
--- End Quote ---
Don't join The Mugged Club
[/quote]
Quite. I should patent this. I see the OP has used my
"template".
#Post#: 44503--------------------------------------------------
Re: TFL Bus Lane PCN - Bromley Road SE BND OPP WATERMEAD RD
DIR By: boggler
Date: November 8, 2024, 3:45 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> [quote author=Incandescent link=topic=3351.msg39506#msg39506
date=1728149635]
> [quote author=boggler link=topic=3351.msg39499#msg39499
date=1728147431]
> Thanks a bunch. I'll be on the phone to them on Monday
morning. Part of me is tempted just to pay up and avoid the
stress. But the other part of me thinks "cheeky barstewards",
that's exactly what they want me to do.
>
--- End Quote ---
Don't join The Mugged Club
[/quote]
Quite. I should patent this. I see the OP has used my
"template".
[/quote]
Indeed I did. Hope that's ok. Incidentally, if they pass the 56
day limit in sending me a rejection, do they have to cancel the
PCN?
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