PCN

[miga]

I've received a PCN from TfL - the car vaguely looks like ours in the photo, but I can't see the registration plates (which, along with most of the car, are obscured by the van in front). As this incident was over a year ago (long, boring story, including multiple screw ups by TfL just to get to the stage where the PCN is finally re-issued to the correct address) - I can't remember if one of us was driving then and there.

Should I just pay up and forget about it? I feel like I should ask for further evidence that it was our car, but is this likely to lead to some kind of resolution or will they just say the plates were observed without providing further photos?

[steveo]

The ting is, if it wasn't you, how did they trace you?

[miga]

Well yeah, that's the crux - how did they? Can they provide the evidence? Do they have to? Do they store the footage? Did a camera operator write down the plate numbers and take two obscure photos? Is the operator's word/note enough?

To be honest, it's a route we use, the 20-25% of the car that's visible looks like ours, so ordinarily I'd just pay, but given the rigmarole I've been through with this nonsense and what shoddy customer service I've received, I'm minded to be bloody minded. For context, I've never challenged a fine, and I can't remember the last time prior to this I was fined for a driving offense.

[DirtyBox]

They have to prove it's your car and if they can't then you don't have to pay. Innocent until proven guilty and all that.

['bout now]

Challenge it. Sock it to the man.

[Loz]

Is the date of issue/reissue of the PCN more than 28 days after them date the incident occurred? If so, you will almost certainly win an appeal.

ETA: Actually, since it is over six months after the incident before they got the PCN to you, you're a dead cert to win an appeal.

[miga]

Timeline (heavily redacted for avoidance of boredom induced thunks of head on keyboard) is something like: Move house end of 2014 -> notify DVLA of address move -> PCN incident occurs Jan 2015 -> PCN sent to old house (+ escalations) -> get bailiff letter at new house Sep 2015-> freak out, send Statutory declaration Sep 2015 -> finally get re-issued PCN 2 days ago.

Appeal to whom - do you mean to "make a representation" as per the TfL parlance?

[Loz]

It sounds like the time issue won't be a valid grounds of appeal for you, given your statutory declaration. You may have more luck with lack of evidence given the pictures you describe, though you need to check the re-issued PCN to see if you are still allowed to appeal. It may be that this is not an option given what has gone on before.

AFAIK, you have to appeal to TFL first, get turned down (as you will), then take it to the London Tribunals. I understand you can ask to view all the pictures, but you have to go into TFL offices in person.

[edcam]

Surely it's simpler just to pay the fine and move on?

[miga]

edcam - that definitely is simpler, yes.

They're "sending me footage" and have put the ticket "on hold". I'll see what that turns up.