What do you think about this PCN? Invalid?, Bus Lane Contraventions, conditions of issue Article 8 on PCN not met |
What do you think about this PCN? Invalid?, Bus Lane Contraventions, conditions of issue Article 8 on PCN not met |
Wed, 31 Jul 2019 - 07:11
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#1
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Member Group: Members Posts: 30 Joined: 27 Jun 2016 Member No.: 85,260 |
Hi,
I've just received this PCN below, however it isn't compliant with Article 8(5) of ‘The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005’. The PCN must state the section (k) as below, however, I can't see this anywhere on the PCN. [i][i](k) that if at the end of the 28 day period— no representations have been made; and the penalty charge has not been paid, the authority may increase the penalty charge by a half[/i] [/i] Can I confirm if you guys agree? Any help you can provide be would be appreciated. |
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Wed, 31 Jul 2019 - 07:11
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Tue, 15 Oct 2019 - 11:16
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#21
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
There is nothing of any significance in the evidence summary, so you can upload the appeal wording as it is.
-------------------- 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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Wed, 4 Dec 2019 - 12:42
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#22
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Member Group: Members Posts: 30 Joined: 27 Jun 2016 Member No.: 85,260 |
@cp8759 thanks for helping but we LOST! I was so sure with all the hard work that you put into the appeal that we would win, especially with point 2!
What can you do? We tried! :-( |
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Wed, 4 Dec 2019 - 13:17
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#23
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
I think a request for review might be in order. The adjudicator has misdirected himself and the interest of justice demand it
Ground 3 he says the council have not fettered their discretion but then goes on to say the council must make the decision on a CC at that stage. But they had already made it at PCN stage so the discretion to cancel has indeed been fettered. ground 4 point 3 The council make a false statement that the PCN has been checked by the TPT. if that was so then there could be no allowed cases, because by allowing an appeal the TPT have rejected as invalid the PCN. The TPT are not charged with nor do they check documents on behalf of the council and any view of consideration and giving reasons for rejection must be premised on the reasons being correct and accurate -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 6 Dec 2019 - 18:51
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#24
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
velji did you want to try an application for a review?
-------------------- 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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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 14:31 |