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#Post#: 78794--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: MoCo
Date: June 29, 2025, 11:00 am
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I have uploaded the TFL letters onto IMGUR but cannot find how
to create a full BB Code. I did find a BB code for one document
but not for the others. Can anyone help? Happy to post all links
if that's the only solution
#Post#: 78824--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: MoCo
Date: June 29, 2025, 6:32 pm
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Sorry I can only post single links on Imgur:
Tfl rejection of representation
HTML https://imgur.com/a/mzO1Fpc
TFL letter enc RN
HTML https://imgur.com/a/8EGv8HX
Reject Notice
HTML https://imgur.com/a/NZvrbxr
TFL Advising no appeal form to be sent
HTML https://imgur.com/a/Bc4p2Sy
#Post#: 78917--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: mrmustard
Date: June 30, 2025, 10:17 am
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I am now changing my advice in the light of TfL's letters.
I think you can make an Appeal and if it is rejected as out of
time still make an out of time statutory declaration at the TEC
if TfL move forward to an Order for Recovery. Do the following
today if possible - you can cut and paste the below.
You should email queries@londontribunals.org.uk with a subject
of 'PCN GX20342342 - new Appeal'
Dear Sirs
TfL have in their letter of 12 June invited me to start an
Appeal because the formal Notice of Rejection dated 28 April
only reached me in early June attached to TfL's letter of 2
June. I have lost time since then trying to get an Appeal form
from TfL but they won't give me a fresh form. I think you will
accept an Appeal by this method. I think you have all of the
information you need in TfL's letter of 28 April, 2 and 12 June
which are all attached.
My ground of Appeal is that the contravention did not occur as I
entered the bus lane to gain access to adjacent premises.
Please list this as a postal Appeal.
If you need any more information please email me or telephone me
on 07*** *** ***
(We can change to an in person Appeal later and/or add a
representative later if you need one).
#Post#: 78971--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: MoCo
Date: June 30, 2025, 3:18 pm
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I have sent off the email with attachments. I am very grateful
for your help.
BTW I checked with TEC this morning and my PCN has still not
been registered so can't submit a TE9 yet.
#Post#: 79583--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: MoCo
Date: July 4, 2025, 9:06 am
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I have not received a reply fro London Tribunals yet. I only
sent it on 30 June so I expect it is too early but how long do
you think I should wait?
Yesterday I received a puzzling letter from TFL dated 25 June.
It refers to my recent correspondence and then proceeds to tell
me how to pay the fine and enclosed a copy of the reject notice.
In the last paragraph it says 'we may issue a charge
certificate'. However I have received a charge certificate. Is
this just a computer generated standard letter?
The only recent correspondence I sent to TFL was on 16 June
being a formal letter of complaint about the mail delays and
the wrong advice I was given about applying on line. The actual
'bus lane contravention' and the rejection of representations
was not added to the complaint. This latest letter has not
addressed the complaints at all.
On the TFL history it states that representations were received
on 17 and 25 June. I have not sent in any extra representations.
I attach the links to the 2 page letter.
HTML https://imgur.com/a/UPSHMmj
HTML https://imgur.com/a/jYwvor9
#Post#: 79638--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: Mut
Date: July 5, 2025, 2:53 am
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It is now clear that Transport for London has failed to comply
with their statutory obligations in multiple respects, giving
rise to procedural impropriety.
Under Regulation 13(1)(a) of the Civil Enforcement of Road
Traffic Contraventions (England) Representations and Appeals
Regulations 2022, TfL was required to serve the Notice of
Rejection with the prescribed appeal form. Their letter of 12
June 2025 confirms they did not do so. This omission prevents
the statutory appeal window from starting and invalidates any
subsequent enforcement steps. Issuing a charge certificate on 2
June 2025 was therefore unlawful under Regulation 21(1)(a),
which only permits such action where a valid Notice of Rejection
has been properly served and no appeal submitted within time.
You have correctly attempted to lodge an appeal by email to
London Tribunals, attaching all relevant TfL correspondence. If
the tribunal accepts this, the matter can proceed. If they
reject it for being out of time, you should wait for an Order
for Recovery and then file a statutory declaration using form
TE9 on the ground that you did not receive the Notice of
Rejection with the appeal form. This will cancel the charge
certificate and reinstate your right to appeal.
Your substantive ground, that you entered the bus lane solely to
access adjacent premises, is supported by Regulation 4(3)(d)(i)
of the Bus Lane Contraventions (Penalty Charges, Adjudication
and Enforcement) (England) Regulations 2005. That exemption must
be considered.
You should not pay the £240 demand, as doing so will waive your
right to contest. If the tribunal does not respond within ten
working days, send a polite follow-up. TfL’s conduct is also
open to complaint to the Local Government Ombudsman for
maladministration.
The process has been mismanaged by TfL, but you have clear
remedies and strong grounds to have the enforcement action set
aside.
#Post#: 79662--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: mrmustard
Date: July 5, 2025, 5:30 am
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This being a bus lane in London the relevant legislation for the
PCN is the London Local Authorities Act 1996 (as amended) (not
the 2005 ones which were quoted in the previous message). There
is nothing in the 1996 Act (or any other) which mandates the use
of the Notice of Appeal, which the tribunal created for pure
administrative convenience. One can always start an Appeal in
writing or by sending an email as the tribunal back office are
very helpful. What the back office will then do is contact TfL
to check the details and that is what they will be doing now and
they have a follow up system if TfL don't respond within 7-10
days (from memory). Hopefully an Appeal will be registered soon.
TfL have their file on hold according to their portal.
The reason for not paying is that if you do then you don't get
an Order for Recovery and so can then file a statutory
declaration. The process stops and your money is gone.
I don't think TfL have mismanaged anything, this is simply a
case of a document lost in the post for which there is a
recovery process.
#Post#: 79676--------------------------------------------------
Re: PCN Bus Lane Clapham Road TFL No Reject Form Received
DIR By: Mut
Date: July 5, 2025, 7:09 am
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I agree the 1996 Act applies and that the appeal form is not
mandatory in every case. However, Regulation 5(2)(b) of the 1993
Adjudicators’ Regulations still requires TfL to include the form
with the Notice of Rejection. Their failure to do so, and
refusal to provide a replacement when asked, is not just a lost
in post issue. It impairs access to appeal and risks procedural
unfairness. That alone is enough to raise concern, even if the
tribunal is flexible in practice.
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