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Non-compliant PCN, Bus lane contravention
richdav
post Mon, 16 Sep 2019 - 10:13
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I have just received a PCN for entering a bus lane. I accept that I did so, but having read The Bus Lane Contraventions Regulations 2005, I intend to appeal on the following grounds.

Section 8, para (5)(j) states that the PCN 'must state any electronic mail address or fax number to which representations may be sent as an alternative to the postal address'.

In a legislative context, use of the word 'must' is an absolute duty. The PCN which has been received by me details neither of these two things, so is therefore not compliant with the law. The Council concerned cannot absolve itself of a mandatory duty contained within a statutory instrument. Period.

Use of the word 'may' implies that a choice is being given with regard to the method of appeal. It was my intention to submit my appeal via fax machine, something that I am prevented from doing, even though there is a specific provision within law exists that permits me to do so. I specifically wanted to send a fax so I had a delivery report confirming receipt by the Council.

Does anybody have any further advice or suggestions.

Many thanks in advance

This post has been edited by richdav: Mon, 16 Sep 2019 - 10:14
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post Mon, 16 Sep 2019 - 10:13
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Incandescent
post Mon, 16 Sep 2019 - 11:51
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It only applies if there is an actual email address or fax number to use. There is no requirement to offer these alternatives, so that is possibly why these are absent.

Anyway, the rules of this forum ask you to post up the PCN, (all sides with PCN Number and car/address details blanked out, leave everything else in) and also tell us of the circumstances that gave rise to you getting a PCN.
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DancingDad
post Mon, 16 Sep 2019 - 12:12
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Must and May make it an option.

Post up the PCN, let's see if there is anything else.
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richdav
post Mon, 16 Sep 2019 - 12:51
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Apologies if I've not read the requirements properly about posting a copy of the PCN. Not got it with me at the moment, will do so when I get home...

Thanks to those who have replied thus far.
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