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Bus Lane PCN
Wheeler-Dealer
post Sun, 4 Apr 2021 - 04:06
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Hi, received a shock getting one of these through the post, couldn't recall going near a bus lane and wasn't even sure which road the alleged contravention occurred in.
Looked at the evidence - video does not load due to a "technical fault" (I tried different browsers and no joy), the photos are blurred - it's late at night and could be any of a number of types of car, except one is a close up of my number-plate.
The only time I'd be near the area in question, which I eventually worked out where it was, I was intending to go up a different road, so it could have been a wrong turn, then turned around and back out the way I'd come, without realising it was a bus lane, but I genuinely can't remember and without a video to view I don't know what I've been accused of doing exactly.

I can't post the video up as it is not downloadable, the photos are as described blurred images of a car from distance in dark, except one close up of number plate.
Is it worth me appealing here as if I did go in a bus lane it was a genuine unintentional mistake, a wrong turn, or is that simply going to reduce the likelihood of me being able to pay the reduced fine (£30) as if they reject I assume I'd have to pay full amount (£60)?
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post Sun, 4 Apr 2021 - 04:06
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PASTMYBEST
post Sat, 1 May 2021 - 21:20
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QUOTE (Wheeler-Dealer @ Sat, 1 May 2021 - 19:37) *
Do you really need to see my appeal letter as well?
It's basically a summary of the points mentioned above previously.
Just posted the notice of rejection above to check it complies with all relevant standards and wording.


Yes or how can we tell if they considered your points

The have made a right b**ls up of the NOR anyway . A NOR MUST STATE

(4) A notice of rejection shall—

(a)state the reasons for the authority’s decision;

(b)state that an appeal against the imposition of the penalty charge may be made to an adjudicator within the appeal period;

©specify the statutory grounds of appeal;

(d)describe in general terms the procedure for making an appeal;

(e)state that an adjudicator has power to make an award of costs;

(f)indicate the circumstances in which the power may be exercised; and

(g)state that unless, before the end of the appeal period—

(i)the penalty charge is paid; or

(ii)an appeal is made to an adjudicator against the imposition of the penalty charge,the authority may increase the penalty charge by 50 per cent and take steps to enforce payment. the council say they will for this section not may and the meaning of the two words are different

The also say that they are unable to cancel and that is not true they fetter their discretion in saying this

The the two regs i highlighted red are missing completely one in red is worded wrong as is the unable to cancel statement

This is getting more winnable

This post has been edited by PASTMYBEST: Sat, 1 May 2021 - 21:33


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Wheeler-Dealer
post Mon, 3 May 2021 - 22:12
Post #42


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QUOTE (PASTMYBEST @ Sat, 1 May 2021 - 22:20) *
QUOTE (Wheeler-Dealer @ Sat, 1 May 2021 - 19:37) *
Do you really need to see my appeal letter as well?
It's basically a summary of the points mentioned above previously.
Just posted the notice of rejection above to check it complies with all relevant standards and wording.


Yes or how can we tell if they considered your points

The have made a right b**ls up of the NOR anyway . A NOR MUST STATE

(4) A notice of rejection shall—

(a)state the reasons for the authority’s decision;

(b)state that an appeal against the imposition of the penalty charge may be made to an adjudicator within the appeal period;

©specify the statutory grounds of appeal;

(d)describe in general terms the procedure for making an appeal;

(e)state that an adjudicator has power to make an award of costs;

(f)indicate the circumstances in which the power may be exercised; and

(g)state that unless, before the end of the appeal period—

(i)the penalty charge is paid; or

(ii)an appeal is made to an adjudicator against the imposition of the penalty charge,the authority may increase the penalty charge by 50 per cent and take steps to enforce payment. the council say they will for this section not may and the meaning of the two words are different

The also say that they are unable to cancel and that is not true they fetter their discretion in saying this

The the two regs i highlighted red are missing completely one in red is worded wrong as is the unable to cancel statement

This is getting more winnable

Thanks for that, my concern is if I appeal to the tribunal now and lose then the fine will increase a lot.
Presently it's £30 which I'd rather not pay of course, but it's more reasonable than what it could be down the line.


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PASTMYBEST
post Mon, 3 May 2021 - 22:15
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The penalty would be the full rate £60 so it's up to you personally I think the errors give you a great enough chance of winning that it's worth the risk


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Wheeler-Dealer
post Wed, 5 May 2021 - 04:16
Post #44


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QUOTE (PASTMYBEST @ Mon, 3 May 2021 - 23:15) *
The penalty would be the full rate £60 so it's up to you personally I think the errors give you a great enough chance of winning that it's worth the risk

TBH while this one is at £30 I'm more worried about my private company parking fine which is £60 soon to be £100 (much shorter window to pay reduced rate).
UKPCM.
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cp8759
post Sat, 15 May 2021 - 22:21
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This case is much stronger than Anthony Hall v Kent County Council (with Tunbridge Wells BC) (JU-00042-1810, 07 December 2018) http://bit.ly/2DmNq7N which of course we won. I would definitely appeal, I will represent you at the hearing if you wish.


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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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