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Oxford Street (Whitworth street west to chepstow), Date of PCN 25/4/18 .... Date of detection 20/01/18
oliho
post Thu, 26 Apr 2018 - 19:06
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So I drive this way to work... once or twice a month... Didn't even know it was a bus lane... If you drive in and you are behind a bus you cant see the signs! also my sat nav took me this way initially. The date of detection was 20/01/18 and I received the letter 25/04/18. Obviously if I got the letter straight away I wouldn't use this route. However now I am worried I will receive more letters for more detections as I know I would have been that way! It doesn't look anything like a bus lane! I come down the A6,,, I know and understand the bus lanes! PLEASE HELP
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post Thu, 26 Apr 2018 - 19:06
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Incandescent
post Thu, 26 Apr 2018 - 19:31
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Presumably, like many others, you drive a lease or hire car ? The 1st PCN goes to them as holder of the V5C, then they appeal it as a hire company giving your address, and they then issue a 2nd PCN, having cancelled the first. And, of course, you obeyed your sat-nav like so many do; a recipe for disaster ! The biggest problem with sat-navs is updating their data. My car's last update was 2012, and no more will be issued. SO far, this has only caught me out in Germany of all places, with a new Autobahn junction not on the sat nav.

1st Warning sign
https://www.google.co.uk/maps/@53.4741409,-...33;8i6656?hl=en

2nd warning sign
https://www.google.co.uk/maps/@53.4743017,-...33;8i6656?hl=en

The restriction signs at Whitworth Street
https://www.google.co.uk/maps/@53.4747167,-...33;8i6656?hl=en

So you're going to need a pretty strong argument to refute this lot !!

Based on the lengthy elapsed time since the contravention date and the PCN, if you get any more then it would be worth taking the matter to adjudication on disproportionate penalty. However you will have to risk the full PCN penalty, the discount will have gone by this stage.

The other aspect is the PCN could have been issued out-of-time. They have 28 days to issue a PCN, so assuming the hire/lease company responded promptly to the PCN giving your address, they cancel it, and then have another 28 days to issue to you.

This post has been edited by Incandescent: Thu, 26 Apr 2018 - 19:36
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oliho
post Thu, 26 Apr 2018 - 19:38
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Okay I understand now. Thank you. Guess I'll pay this one and fingers crossed no more come. I would have drove that way before that date so was a bit confused.
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cp8759
post Fri, 27 Apr 2018 - 09:36
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Which direction did you travel from? Was it from Oxford Road or Whitworth street?


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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oliho
post Fri, 27 Apr 2018 - 10:49
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From oxford road. And like I thought I have received 2 more pcn's today!!! One from 17/3 and 31/3. Anyone help? I'm happy to pay one as I never realised it was a bus lane for the tiny bit I drove on. Can I appeal for the fine being excessive ?

This post has been edited by oliho: Fri, 27 Apr 2018 - 10:52
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hcandersen
post Fri, 27 Apr 2018 - 11:03
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Hold on.

The date the previous PCN was cancelled is stated - 24 April, the same date as this one was posted. This means that a prior PCN was issued to another owner and cancelled by the authority.

So OP, test #1 is whether you can be held liable for any penalties. You have to tell us the nature of your agreeement regarding your car e.g. you directly with a vehicle hire firm or allocated to you by your employer who is actually the other party to any hiring agreement etc. This is the start, so please advise. This has nothing to do with who was driving or the contravention, it's procedural.
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oliho
post Fri, 27 Apr 2018 - 11:07
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Hi. My car is personal hire. So it's private hire for 3 years from ford lease. I was also confused about the cancelled bit too.
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cp8759
post Fri, 27 Apr 2018 - 11:12
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QUOTE (oliho @ Fri, 27 Apr 2018 - 11:49) *
From oxford road. And like I thought I have received 2 more pcn's today!!! One from 17/3 and 31/3. Anyone help? I'm happy to pay one as I never realised it was a bus lane for the tiny bit I drove on. Can I appeal for the fine being excessive ?

The signs from Oxford Road look compliant. The amount of the penalty is fixed by statute and cannot be challenged (unless the PCN shows the wrong amount).


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