Bus Lane PCN Enforcement Notice, North Street, Romford Options

[carlosescobar]

This case is related to the following Linked thread

Attached is an image of the violation. which has taken place on North Street in Romford near my work.
[attachment=51474:hav_0.jpg]

I approach North Street from Cedar Road and naturally look right to check oncoming traffic to turn into the road going Northbound. I seem to have missed the sign on the left which I couldn't see as the car is facing the road at an angle away from the sign.

[attachment=51475:hav_2.jpg] [attachment=51476:hav_3.jpg] [attachment=51477:hav_4.jpg] [attachment=51478:hav_5.jpg]

Any help with this would be greatly appreciated as it will help me with a bigger problem of multiple Enforcement Notices for the same offence.

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[carlosescobar]

They did send a NoR on the 6th of march it is posted in this thread, but regardless the revocation order cancels the CC and EN so they need to send a new EN not a NoR against representations you have not yet made.

That was a different Notice of Rejection for an identical PCN (same offence) for reps which were sent in the same envelope as the one that went to Charge Certificate stage (this one).

Shall I send off an appeal for this one?

[PASTMYBEST]

No not yet the council are obviously confused and so am I. post all documents relating to this PCN only in chronological order also everything you sent to the council regarding this PCN only

[Neil B]

I think that, in respect of the repeated rejection Dec/June, they have basically followed the
Tribunal guidance on the matter and it's now up to you to indicate you wish to pursue or pay by
acting accordingly.

But I'm also a little confused overall, with the four. I would help if you left the PCN numbers visible.

[carlosescobar]

No not yet the council are obviously confused and so am I. post all documents relating to this PCN only in chronological order also everything you sent to the council regarding this PCN only

Here you go:






Below is what I submitted to Havering on the appeal:

Signage is inadequate –
a. No bus lane signage can be seen when approaching North Street from Hainault Road via Cedar Road.
b. Google Street View shows that the sign 962 at the junction with Cedar Road and North Street didn’t exist before August 2016. This would suggest the Council have since become aware of and tried to rectify the signage issue for Cedar Road. However, there is no resolution for those arriving at the junction from Hainault Road as this sign can’t be seen due to the angle of approach. Also, sign 962 is not as per guidance as it is missing the words 'Bus Lane'. Was the sign present when the alleged contravention took place? I can’t see the sign in the photographic evidence provided.
c. Sign 959 on North Street is very high out of the drivers view. Also, it is natural to only look right at the junction to check for oncoming traffic before turning.

[PASTMYBEST]

They have given you the wrong address to send an appeal

This decision also needs consideration in drafting reps

2170317559

Adjudicator
Edward Houghton
Appeal decision
Appeal allowed
Direction
cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons
The CCTV shows a vehicle driving down the bus lane and I am entirely satisfied on the basis of the Council’s explanation of its camera system that the vehicle in question was the Appellants. No other vehicles are in the bus lane at that moment.
The Appellant did not receive the Notice of rejection and as a result made a statutory declaration to that effect. The Council’s response was simply to write to the Appellant enclosing a copy of the original rejection notice and an appeal form. This was entirely incorrect, and if this is the Council’s normal practice in this situation it must change it. Following the making of a statutory declaration on that ground the Council is required to refer the matter to an adjudicator – see Schedule 1 Para 10(7) London Local Authorities Act 1996.
A Council cannot be permitted to disregard statutory procedures. It seems to me that in the circumstances, no such referral having been made, no penalty is currently payable and the Appeal is therefore allowed.
Authority Response


Decision Date
05 Sep 2017
Adjudicator
Henry Michael Greenslade
Previous decision
Appeal allowed
Appeal decision
Appeal allowed
Direction
cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons
This is an application by the Enforcement Authority for review of the original Adjudicator’s decision to allow the appeal.
The general principles of review are that findings of fact and law are generally final. One Adjudicator will not overturn the findings of fact or law of another unless there are compelling reasons for doing so, such as where the findings are not compatible with the evidence before the original Adjudicator or the law. The question is whether the original Adjudicator was entitled to come to the conclusions that he or she did and that they are reasonable when looked at by reference to the law and the facts.
Unless the original Adjudicator can be shown to have taken into account some immaterial matter or to have overlooked or misapprehended some material matter that undermines his or her decision, or that decision was perverse in the sense that no reasonable Adjudicator could have reached it, or it was plainly wrong as a matter of law about which there is no alternative view or interpretation, his/her decision is final and cannot be reviewed.
One Adjudicator will not overturn the findings of fact of another unless there are compelling reasons for doing so, such as where the findings are not compatible with the evidence. In this case, they plainly are compatible with the evidence and are findings the Adjudicator was entitled to make.
The Enforcement Authority’s application merely states “The Adjudicator is incorrect as the council has followed the correct procedures. This case must be reviewed.”
The Enforcement Authority have failed to provide any substance to their submission.
Neither party is entitled to a review merely for disagreement with the original findings of the Adjudicator.
No grounds under the Regulations having been put forward for review, the original decision must stand.
____________________________________________________________
Original Decision:
The CCTV shows a vehicle driving down the bus lane and I am entirely satisfied on the basis of the Council’s explanation of its camera system that the vehicle in question was the Appellants. No other vehicles are in the bus lane at that moment.
The Appellant did not receive the Notice of rejection and as a result made a statutory declaration to that effect. The Council’s response was simply to write to the Appellant enclosing a copy of the original rejection notice and an appeal form. This was entirely incorrect, and if this is the Council’s normal practice in this situation it must change it. Following the making of a statutory declaration on that ground the Council is required to refer the matter to an adjudicator – see Schedule 1 Para 10(7) London Local Authorities Act 1996.
A Council cannot be permitted to disregard statutory procedures. It seems to me that in the circumstances, no such referral having been made, no penalty is currently payable and the Appeal is therefore allowed.
____________________________________________________________
Authority Response

[Neil B]

I think that, in respect of the repeated rejection Dec/June, they have basically followed the
Tribunal guidance on the matter

PMB's post suggests I'm wrong; from the Ted Houghton adjudication.

Happy to hold my hands up but I'm not entirely convinced. Is Ted up to date on the new(ish) guidelines from ET&A on
these situations?
Note the review didn't actually agree with him: Rather, it never got off the ground due to being ham-fisted.

[PASTMYBEST]

The guidelines are found here starting on page 23

https://www.londontribunals.gov.uk/sites/de...-16%20final.pdf

as I read them the council are not really wrong, but to follow the guidelines fully they should ask if re sending the NoR would suffice of if you would like to make representations afresh All they have really done is pass the onus onto you to make an appeal. Not that it really matters

one point i would make re this procedure is that the notice of revocation states that it is the PCN that is not cancelled so in reality the council should have re issued the enforcement notice or at the lest re offered the discount in order to expedite this matter

This post has been edited by PASTMYBEST: Mon, 25 Jun 2018 - 12:39

[carlosescobar]

OK. What should I do next? Should I just appeal and add this extra information?

[PASTMYBEST]

OK. What should I do next? Should I just appeal and add this extra information?

That would be my advice post a draft here before you send anything

[carlosescobar]

OK. What should I do next? Should I just appeal and add this extra information?

That would be my advice post a draft here before you send anything

Below is a draft of my appeal:

1. Incorrect Procedure –
a. I did not receive the Notice of rejection and as a result made a statutory declaration to that effect. Following the order for the recovery of unpaid penalty charge to be revoked the Council’s response was to write to me enclosing a copy of the original rejection notice and an appeal form. Is this the correct procedure as the revocation order states that it is the PCN that is not cancelled so I should have been given the opportunity to make a fresh appeal to the council? Also, following the making of a statutory declaration on that ground the Council is required to refer the matter to an adjudicator – see Schedule 1 Paragraph 10(7) London Local Authorities Act 1996.
2. The Enforcement Notice is Null and void –
a. The EN makes repeated reference to Notice to Owner and the Traffic Management Act 2004 giving grounds for representation and appeal that would have no part in Bus Lane enforcement.
b. It states a 56 day rule which has never related to the legislation noted at the top of the document.
c. It also states that there are 28 days and 21 days from the date of service of the notice in which to pay the penalty and reduced penalty respectively. I don’t think this is correct as I believe the sums are payable from the date of the notice and the reduced penalty amount is payable not later than 14 days.
3. Signage is inadequate –
a. No bus lane signage can be seen when approaching North Street from the one-way system on Hainault Road via Cedar Road. In Havering’s Notice of Rejection there is no evidence to dispute this, simply photos of signage which can be seen whilst travelling along North Street.
b. Google Street View shows that the sign 962 at the junction with Cedar Road and North Street didn’t exist before August 2016. This would suggest the Council have since become aware of and tried to rectify the signage issue for Cedar Road. However, there is no resolution for those arriving at the junction from Hainault Road as this sign can’t be seen due to the angle of approach. Also, sign 962 is not as per guidance as it is missing the words 'Bus Lane'. Was the sign present when the alleged contravention took place? I can’t see the sign in the photographic evidence provided.
c. Sign 959 on North Street is very high out of the drivers view. Also, it is natural to only look right at the junction to check for oncoming traffic before turning.
d. As can be seen from the photographic evidence I did not obstruct any bus during my brief time in this lane.
4. Repeat Behaviour –
a. I have repeated this alleged contravention on a number of occasions without knowing it was a problem. I didn't receive any of the original notices as they were sent to an old address. If I had received the original PCN I wouldn't have driven in the same section of road over and over again. Since I became aware of the problem in October 2017 I haven’t driven in this lane. During this process I urged the Council to use its discretion in this matter and take into account my circumstances but they haven’t been helpful at all.
b. I moved from xxxxxx to xxxxx on 04/02/2016 to live with the rest of my family. I was staying in the Romford property as it was close to my work in Havering and to complete building work getting it ready for rental up until the new tenants moved in. The new address in Colchester had a shared mailbox where post was left in the communal hallway area and some of my mail went missing. This was meant to be a temporary accommodation whilst I searched for a permanent address and during this period I had a couple of house moves which fell through, hence the delay in updating my V5C.
I made arrangements with my tenants to save and collect any post which arrived and was not redirected as I work in Havering and often visit the property to carry out maintenance/repairs. However, despite my best efforts it now appears that a lot of this post did not reach me. I am greatly disappointed with my tenants and since this issue has come to light, I have put in place a redirect with Royal Mail from this address. I have now moved into xxxxx which is my new permanent address.
5. Postal address on NoR –
a. For info, the address to send the appeal on the NoR has been given as London Tribunals, PO Box 530, Sale, M33 0FP. However, on the appeal form the address to send to is London Tribunals, PO Box 10598, Nottingham NG6 6DR. This is confusing so I have appealed online.

This post has been edited by carlosescobar: Sun, 1 Jul 2018 - 17:59

[carlosescobar]

Really sorry for not updating this post on the forum earlier. I wanted to take my mind off this subject after having it taking over my life for the best part of 10 months!

The final decision was no contest as the Council didn't pursue this further.

For completeness here is the no contest letter:

[attachment=66515:no_contest.jpg]

I would like to thank this forum for helping me out, especially Neil B and PastMyBest. Originally I was looking at fines of over £2000. In the end with the help of this forum my total cost was around £100 (explained further in this Linked thread).

I hope my case helps others. To conclude my advice is to change the address on your driving license ASAP if you move home!!

This post has been edited by carlosescobar: Mon, 9 Sep 2019 - 13:55

[cp8759]

I hope my case helps others. To conclude my advice is to change the address on your driving license ASAP if you move home!!

I think you mean the address on your V5C rather than your driving licence. Just updating the driving licence address is what causes problems to so many people.

[Incandescent]

I hope my case helps others. To conclude my advice is to change the address on your driving license ASAP if you move home!!

I think you mean the address on your V5C rather than your driving licence. Just updating the driving licence address is what causes problems to so many people.

+1
Both records must be updated separately, as there is, as yet, no facility to make a single report of address change to the DVLA. They are in the dark ages, frankly. I suppose being out in West Wales they can get away with it.