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What do you think about this PCN? Invalid?, Bus Lane Contraventions, conditions of issue Article 8 on PCN not met
velji
post Wed, 31 Jul 2019 - 07:11
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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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post Wed, 31 Jul 2019 - 07:11
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cp8759
post Tue, 15 Oct 2019 - 11:16
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There is nothing of any significance in the evidence summary, so you can upload the appeal wording as it is.


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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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velji
post Wed, 4 Dec 2019 - 12:42
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@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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PASTMYBEST
post Wed, 4 Dec 2019 - 13:17
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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


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cp8759
post Fri, 6 Dec 2019 - 18:51
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velji did you want to try an application for a review?


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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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