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Bus Lane Slough PCN, Is this PCN valid?
velji
post Thu, 11 Jul 2019 - 11:00
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Sorry for the ripped PCN.


This is a new Bus Lane, which has just been implemented.

Are there any worthwhile reasons to appeal?











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post Thu, 11 Jul 2019 - 11:00
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cp8759
post Thu, 11 Jul 2019 - 12:05
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Post the video, instructions on how do to so are here: http://forums.pepipoo.com/index.php?showtopic=125502


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velji
post Thu, 11 Jul 2019 - 12:38
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There is no option to view the video at all. I've even tried using viewmypcn.co.uk with no success. The PCN does not give the option to view a video either.
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PASTMYBEST
post Thu, 11 Jul 2019 - 12:43
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QUOTE (velji @ Thu, 11 Jul 2019 - 13:38) *
There is no option to view the video at all. I've even tried using viewmypcn.co.uk with no success. The PCN does not give the option to view a video either.


No I can't find it either. That being so the PCN is non compliant and an adjudicator sould allow an appeal on that basis


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cp8759
post Thu, 11 Jul 2019 - 13:19
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Indeed, regulation 8 of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 says:

(5) A penalty charge notice must state—

(n) that the recipient may, by notice in writing to the authority, request them—
(i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or
(ii) to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention.


If the PCN does not comply with this, it does not comply with the requirements of the legislation, and it follows that the penalty demanded exceeds the amount due in the circumstances of the case. The only penalty that may be demanded on the basis of a non-compliant PCN is £0.00


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velji
post Fri, 12 Jul 2019 - 15:11
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Thank you very much!

You legend! :-D
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cp8759
post Sun, 14 Jul 2019 - 17:46
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Post a draft of anything you plan on sending on here for review.


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velji
post Tue, 16 Jul 2019 - 10:45
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Dear Slough Borough Council,

I am appealing on the basis that the penalty charge notice is invalid as a result of missing details. Though the ticket is the result of allegedly being in a bus lane, Ithe ticket failed to adequately conform to the regulations:

Regulation 8 of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 says:

5) A penalty charge notice must state—

(n) that the recipient may, by notice in writing to the authority, request them—
(i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or
(ii) to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention.

If the PCN does not comply with this, it does not comply with the requirements of the legislation, and it follows that the penalty demanded exceeds the amount due in the circumstances of the case. The only penalty that may be demanded on the basis of a non-compliant PCN is £0.00, as such it is unenforceable.

As the ticket issued is invalid, I am not liable for any charge. Fairness should be exercised in this case and the ticket should be cancelled according to the guidance.

Please let me know if you have any further questions.
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cp8759
post Tue, 16 Jul 2019 - 12:24
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Fairness doesn't come into it, either the PCN is valid or it isn't. Slough will never accept that their PCN template is wrong but this sets us up for the tribunal stage. Send the draft, keep all italics formatting.

-------

Dear Slough Borough Council,

I am making a representation against the penalty charge on the basis that the amount demanded exceeds the amount due in the circumstances of the case. Regulation 8(5) of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 provides as follows:

(5) A penalty charge notice must state—
...
(n) that the recipient may, by notice in writing to the authority, request them—
(i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or
(ii) to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention.


Nothing on the PCN conveys the information required by regulation 8(5)(n)(i) or (ii), it follows that the penalty charge notice does not comply with the requirements of the regulations. In such circumstances, the only penalty that may be demanded is nil.


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jimmyt77
post Sat, 27 Jul 2019 - 22:57
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Hi Velji

I have just had the same ticket. Did you have any joy with this?

Any response is much appreciated.

This post has been edited by jimmyt77: Sat, 27 Jul 2019 - 23:17
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PASTMYBEST
post Sun, 28 Jul 2019 - 00:08
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QUOTE (jimmyt77 @ Sat, 27 Jul 2019 - 23:57) *
Hi Velji

I have just had the same ticket. Did you have any joy with this?

Any response is much appreciated.


Start your own thread and post your own PCN. It is much to soon to have heard about this one


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velji
post Thu, 22 Aug 2019 - 13:09
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YES! They cancelled the ticket!

You are a genius! ;-D

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Incandescent
post Thu, 22 Aug 2019 - 16:55
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QUOTE (velji @ Thu, 22 Aug 2019 - 14:09) *
YES! They cancelled the ticket!

You are a genius! ;-D

But they'll carry on using the same PCN template as there are no sanctions for doing so, and most people will cough up.

Well done, BTW !!
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sledger1uk
post Sat, 16 Nov 2019 - 15:44
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The PCN is no longer readable so can you please clarify location. I received one on Wellington Rd on that small section of bus lane from the large roundabout at the approach to Sainsbury's. They must have just installed a camera as got a warning notice in July but by the time I received it got two more PCN which I have appealed but have not yet got a reply. I consider this scissor traffic affect a Hazard from the traffic light and I went back and did a 45 Mins survey traffic flow and noted only a single bus using this small section of Bus lane just prior to entering Sainsburys'. The fact that this bus lane has no timings suggests its 24/7 giving the purpose to generate revenue rather than keep it free for ghost buses.
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cp8759
post Sat, 16 Nov 2019 - 19:59
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sledger1uk start your own thread.


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