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Bus Lane PCN and extra charge fees without the right of defense
suarez
post Wed, 4 Dec 2019 - 17:44
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Hi!

I need your help guys! I hope there is someone who can advise me.

Today I received an enforcement notice that says I have to pay 408£ because I was been charged with traffic offences (being in a bus line).
This happened in July in Manchester while I live in Wolverhampton.

This Notice was a big surprise to me, I didn't know anything from July until today. I made a mistake, I did't update the DVLA address for my car. I called the enforcement agent today and they said that all the documents were sent to the old address. So, because it's my fault, I have to pay.

I'm not too sure about that, in fact I think they are wrong. Where is my right of defence? I really don't know if I went wrong in Manchester. Maybe it's true, maybe not. I don't think the law allows to be convicted without the opportunity to defend yourself. Also, I don't think the law allows them to extra charge me if they didn't inform me about the actions upon me.

There are two different things that are not related to each other. The mistake that I made does not mean I lose my statutory rights.

This whole story is quite difficult for me. I have been living in the UK since 2015 but I do not know much about how laws and institutions work. That is why I greatly appreciate any help I will receive and thank you in advance
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post Wed, 4 Dec 2019 - 17:44
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Neil B
post Wed, 4 Dec 2019 - 23:23
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QUOTE (suarez @ Wed, 4 Dec 2019 - 22:22) *
I don't even know the most basic thing about what I have to do. That's why I'm here and I ask for your advice.

I tried, by asking a straight question that might have helped a little and you seem to have given evasive answers.



QUOTE (suarez @ Wed, 4 Dec 2019 - 22:22) *
QUOTE (Neil B @ Wed, 4 Dec 2019 - 22:02) *
What we're trying to tell you is that if you put forward such opinions in an OOT application, on a PE2, you
are going to fail.

I don't know anything about OOT or PE2 or something else.

But you linked a thread on another forum, in post ~5 about exactly that?


QUOTE (suarez @ Wed, 4 Dec 2019 - 22:52) *
I said I should have had the opportunity of defence or to pay the basic fee. Did I have this?

Yes. A penalty Charge Notice was sent inviting both of those. Plus two further notices.


QUOTE (suarez @ Wed, 4 Dec 2019 - 22:52) *
No. Are you sure the Council has complied with the law? You can't be! Did they prove this? No, they didn't!

Yes. They've made (effectively sworn) statements to the court concerned about indisputable facts.


QUOTE (suarez @ Wed, 4 Dec 2019 - 22:52) *
Why they didn't ask for 9000 pounds? Are you sure 408 pounds is the right amount? No, you can't be!

I can be. I am 100% sure it is the correct amount.
http://www.legislation.gov.uk/uksi/2014/1/made


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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