Red Route Appeal

boringusername

The short story is that I got a TFL red route PCN for entering a box junction. I asked for evidence. After several weeks I received a DVD, but while travelling abroad (I have the flight details to prove this). By the time I got back, looked at the DVD and decided that it was valid, my grace period was up. I paid the £80 not the £160 and explained that I had been abroad when the DVD was delivered.

Eventually I got a letter saying I had to pay £160 ie another £80. I wrote back appealing that decision. While in hospital for a knee replacement operation (which again I can prove because I have the admission dates) I received another letter rejecting that appeal and saying if I didn't pay up it was going to be £240. Didn't respond to that in time either because I was in hospital. I appealed that as well and asked for the usual FOI information including evidence of a sign that CCTV was being used.

This was also rejected. The FOI information provided was generic and useless and did not answer any of my questions. TFL stated that they were under no obligation to post a sign indicating that CCTV was being used in every location it is being used, merely somewhere on that route. There is no CCTV sign at the location in question.

I have tried to find some guidance about whether penalties for late payment should take into account the ability of the recipient to read evidence or correspondence but could not find anything relevant. My instinct is that there must be a legal concept somewhere in English law that allows someone being accused of something to examine the evidence, but I don't know how that would apply to my situation. I don't think TFL have behaved fairly on this, but that may be irrelevant. 

So I can either pay another £160 now or see if they want to take me to court. Any advice welcome. 

Coupon-mad

There is no such law.  You should have paid £160 and are risking bailiffs and higher fees now, by taking this stance.

Browntoa

Tfl fulfilled their side of the deal within their required timescales. 

The fact that you were not able to view them in time is your problem, not theirs 

elsien

Perhaps in future if you are unable to access your post yourself for any length of time, you might want to  think about whether there’s anyone else who you would be willing to let do that for you?