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Bus Lane PCN in previously free road
Road_Runner
post Sat, 18 Aug 2018 - 17:45
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Having previously picked up a parking ticket on my weekender away to Cambridge, I was dismayed to also receive the attached in the post today. Unfortuately I no longer live in the city, but remember from my days there that Bridge Street used to be fully open to the public and all traffic. Indeed it's history as a byway dates back to Roman times and it was used for centuries as a road down which farmers would drive their livestock over the river to take to market. Are there no right of way laws preventing main thoroughfares with such long histories being arbitrarily closed to general traffic in this way?

Since I no longer live in Cambridge, of course I am also unable to easily go back and take photos of the signage. Is it possible to request copies from the council without prejudice to the penalty discount?

All other angles gratefully appreciated. smile.gif


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post Sat, 18 Aug 2018 - 17:45
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DancingDad
post Sat, 18 Aug 2018 - 17:58
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Here?
https://www.google.co.uk/maps/@52.2092618,0...3312!8i6656
Bin closed to normal traffic for at least 10 years BTW


They have stolen two days from you.
Date of Service is 2nd working day after date of posting.
Posted on Friday 17th, cannot be served on Sunday 19th, deemed service is Tuesday 21st (even if you did get it today)
That renders the PCN a nullity as this is prejudicial to anyone who receives and does not get the full 14 or 28 days that the law prescribes.
Ground is that the penalty claimed exceeds the amount due. The PCN being a nullity in law, no penalty is due.

Do not send challenge with this in until after deemed date of service.

This post has been edited by DancingDad: Sat, 18 Aug 2018 - 18:10
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stamfordman
post Sat, 18 Aug 2018 - 18:07
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cp8759
post Sat, 18 Aug 2018 - 18:41
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They have an 0845 number on the PCN which includes a whopping 7p per minute service charge, for the reasons explained here http://forums.pepipoo.com/index.php?s=&...t&p=1398726 this is unlawful and a ground of challenge.

This post has been edited by cp8759: Sat, 18 Aug 2018 - 18:44


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Road_Runner
post Mon, 20 Aug 2018 - 19:49
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QUOTE (DancingDad @ Sat, 18 Aug 2018 - 18:58) *
Here?
https://www.google.co.uk/maps/@52.2092618,0...3312!8i6656
Bin closed to normal traffic for at least 10 years BTW


They have stolen two days from you.
Date of Service is 2nd working day after date of posting.
Posted on Friday 17th, cannot be served on Sunday 19th, deemed service is Tuesday 21st (even if you did get it today)
That renders the PCN a nullity as this is prejudicial to anyone who receives and does not get the full 14 or 28 days that the law prescribes.
Ground is that the penalty claimed exceeds the amount due. The PCN being a nullity in law, no penalty is due.

Do not send challenge with this in until after deemed date of service.


Thanks, good spot. Is this under the Civil Procedure Rules? Unless I'm missing something, looking at Section 6.26 for first class post, the deemed date of service would be Monday 20th? (Though this still makes the PCN's DDoS wrong of course.)

https://www.justice.gov.uk/courts/procedure...il/rules/part06


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cp8759
post Mon, 20 Aug 2018 - 20:00
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QUOTE (Road_Runner @ Mon, 20 Aug 2018 - 20:49) *
Thanks, good spot. Is this under the Civil Procedure Rules? Unless I'm missing something, looking at Section 6.26 for first class post, the deemed date of service would be Monday 20th? (Though this still makes the PCN's DDoS wrong of course.)

https://www.justice.gov.uk/courts/procedure...il/rules/part06

No, it's under section 2(5) of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005:

"(5) References to the service of a document include service by post and, in determining for the purposes of these Regulations the date on which a notice or other document is served by post, it shall be presumed that service of a notice sent by first class post was effected on the person to whom it was addressed on the second working day after the day on which it was posted."

See http://www.legislation.gov.uk/uksi/2005/27...gulation/2/made


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Road_Runner
post Mon, 20 Aug 2018 - 20:12
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QUOTE (cp8759 @ Mon, 20 Aug 2018 - 21:00) *
QUOTE (Road_Runner @ Mon, 20 Aug 2018 - 20:49) *
Thanks, good spot. Is this under the Civil Procedure Rules? Unless I'm missing something, looking at Section 6.26 for first class post, the deemed date of service would be Monday 20th? (Though this still makes the PCN's DDoS wrong of course.)

https://www.justice.gov.uk/courts/procedure...il/rules/part06

No, it's under section 2(5) of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005:

"(5) References to the service of a document include service by post and, in determining for the purposes of these Regulations the date on which a notice or other document is served by post, it shall be presumed that service of a notice sent by first class post was effected on the person to whom it was addressed on the second working day after the day on which it was posted."

See http://www.legislation.gov.uk/uksi/2005/27...gulation/2/made


Excellent, thanks for the reference. I'll therefore appeal on this point as well as on the chargeable 0845 number you mentioned. Thanks to all for your help on this.


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cp8759
post Mon, 20 Aug 2018 - 20:26
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Post a draft here before submitting.


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Road_Runner
post Tue, 21 Aug 2018 - 14:43
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QUOTE (cp8759 @ Mon, 20 Aug 2018 - 21:26) *
Post a draft here before submitting.


I think the first ground for appeal alone should be enough to sink it? I guess the more loopholes that get thrown at them, the quicker they are patched. Here's what I was planning:

"The penalty charge was issued incorrectly because: The penalty exceeded the relevant amount.

The date the PCN was issued and posted is given as 17/08/18. However, under Section 2(5) of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005, the deemed date of service is given as the 2nd working day after posting:

"(5) References to the service of a document include service by post and, in determining for the purposes of these Regulations the date on which a notice or other document is served by post, it shall be presumed that service of a notice sent by first class post was effected on the person to whom it was addressed on the second working day after the day on which it was posted."

By this, because the date of posting was a Friday, the Date of Service should have been given as the following Tuesday, or 21/08/18, not 19/08/18 as stated in the PCN. The PCN is therefore invalid as it is prejudicial in not allowing the full 14 or 28 days for payment as the law prescribes. As such, the penalty in the PCN exceeds the relevant amount (zero), the PCN being a nullity in law."


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cp8759
post Tue, 21 Aug 2018 - 20:06
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Throw both arguments in, if they don't address both in their rejection you can get them for failure to consider.


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PASTMYBEST
post Tue, 21 Aug 2018 - 20:14
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TPT have a habit of citing no prejudice occurred. Wrong in law So quote Jackson at them

www.appealnow.com/parking-tickets/moses-barnet-parking-tickets/


paragraph 41

Dont know why I cant post links copy and paste into your browser

This post has been edited by PASTMYBEST: Tue, 21 Aug 2018 - 20:16


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cp8759
post Tue, 21 Aug 2018 - 20:27
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QUOTE (PASTMYBEST @ Tue, 21 Aug 2018 - 21:14) *
TPT have a habit of citing no prejudice occurred. Wrong in law So quote Jackson at them

www.appealnow.com/parking-tickets/moses-barnet-parking-tickets/


paragraph 41

Dont know why I cant post links copy and paste into your browser

Here https://www.bailii.org/ew/cases/EWHC/Admin/2006/2357.html


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Road_Runner
post Wed, 19 Sep 2018 - 16:29
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Received an email today from Cambridge City Council cancelling the PCN. Thanks again for your excellent representations.


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cp8759
post Sat, 29 Sep 2018 - 11:02
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QUOTE (Road_Runner @ Wed, 19 Sep 2018 - 17:29) *
Received an email today from Cambridge City Council cancelling the PCN. Thanks again for your excellent representations.

Could we see the wording of your reps and the acceptance letter? Might help others in the future.


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