Tfl PCN - 6 pages is OTT

 

This is the first of six A4 pages that you need to read in full to make sure you don't need anything. This is a 2 cups of tea read. It will take some time to be sure that not only have you read it, but that you understand it.

It shouldn't say Blackwall Tunnel on the top, the scooter didn't go there, it is as relevant as saying Channel Tunnel.

You already have Mr Mustard's opinion that the consequences box should not be there, this is also not the place for a PR message about how marvellous the tunnel is. If it was marvellous there wouldn't be a charge for 2 wheeled vehicles which relieve congestion as there is one less car on the road.

An exhortation to 'pay your charge now' should not be there for two reasons. The first is that it isn't 'your' charge as you aren't at liberty to cancel it, it is TfL's charge, they are the ones who will try to punish you if you don't pay. In addition, that is a one-sided exhortation which assumes guilt, you should also be reminded to challenge the PCN now but TfL apparently don't want you to do that.

The Notice about Service isn't at all helpful. The Regulations have been changed to allow for these documents to be sent other than by first class post. Service is assumed to be two working days for first class and 4 working days for other classes. What this means is that the actual date of service will vary and therefore TfL should not have put a date of service on page 1 as they don't know what it was. That could fetter your rights as you might think you are too late to challenge and then go off and pay. Service is what is known as a 'rebuttable presumption' i.e. you can prove the assumption is not correct.

The privacy notice is just another thing to read which doesn't help you with the problem at all. It should be cut, everyone knows TfL get your data from DVLA.

The tear off slip is also longer than it needs to be. No need to tear it off as the rest of the page contains surplus wording. Better not to attach it as a cheque could get damaged and it won't fall out of a sealed envelope. No need to write the PCN ref on the back of the cheque, it is on the payment slip, don't do TfL's work for them, they scan everything anyway. The quickest and easiest way to pay isn't for your benefit, you choose what works best for you.

The only way to make representations should not be in writing. If you are disabled TfL are obliged to make due adjustment so that you can, if needs be, make a verbal representation which they record for you.

TfL are misrepresenting the law at para 1. It is:

(3) The grounds are—

(a)that the recipient—

(i)never was the registered keeper in relation to the vehicle in question;

and

(4) Where the ground mentioned in paragraph (3)(a)(ii) is relied on in any representations made under this regulation, those representations must include a statement of the name and address of the person to whom the vehicle was disposed of by the person making the representations (if that information is in his possession)

Mr Mustard has underlined for you an important exemption. If you bought or sold the vehicle from a man in the pub (which may be foolish but it happens) you don't have to run around proving for TfL who the keeper is, you simply have to show you were not the keeper at the relevant time. You may easily have been given a false name and address as that is what some dodgy traders do to avoid taxes and other liabilities.

Mr Mustard has looked up the Sensitive Casework Team who appear to deal with bereavements, is that the right place to go? Just notify DVLA online in the usual way. 

You are probably already sick of the PCN and we are only halfway.

Mr Mustard doesn't think this page even exists. The vast majority of challenges are almost certainly made online and the art of letter writing isn't yet dead so people could just write in or there could be a downloadable form. As ever with forms you need to decide to what extent you want to complete the boxes. Leave off your telephone number (why would you give one that isn't current?) and email (it doesn't say current email so is inconsistent) as these will be recorded and could be given to bailiffs later. If you send a letter you don't have to include the false statement confirmation but please do tell the truth. Mr Mustard doubts that more than a handful of people, if any, have ever been prosecuted.

TfL are a bit funny about company representation and were too lazy on a recent case to look up Companies House and see that the individual whose right to make representations that they queried is the sole director of the company so is naturally fully empowered. They spent longer writing two futile letters.

Mr Mustard thinks that with a bit of careful thought this four page PCN could become two pages.

Then we get the extra blurb which isn't part of the PCN and Mr Mustard would stick through the shredder. First, the really objectionable page:

This is the first you know of the alleged contravention. You have the legal right to contest it which seems to not count for much. Imagine your Council Tax bill arrived with the following warnings:

That is the equivalent leaflet. It is all true but extremely unlikely and an excessive and grossly bullying warning when your bill has only just arrived and the first instalment won't be due for 3 weeks. Mr Mustard thinks if that leaflet went out with the Council Tax bills this year the second poll tax riots would occur and the leaflet would not be used again.

Now, the final page of so-called Frequently Asked Questions which are made up by TfL:

The only new part of these FAQ is the How to Avoid PCNs which is, to be fair, useful. Everything else is within the PCN so the same information is provided with different wordings which is simply a recipe for confusion and is wasting the time of the public to wade through all this guff.

TfL should not fetter their discretion by saying they are unlikely to cancel for reason 'x' - they have to consider on its own merits each and every challenge that is made.

Mr Mustard hopes that wiser counsel prevails at TfL and they change the PCN and extra documents to something more succinct and necessary.

The end.