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Bus lane chage notice Reading Minster Street, buss lane with no arks on the road
Parkingt
post Thu, 3 Jan 2019 - 22:08
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Hello

Thank you for reading
[attachment=60537:20190103_211040.jpg]
I got bus lane charge notice in Reading the location is minster Street (Westbound)
I did attach both sides of the charge certificate
On this link here
https://parking.reading.gov.uk/TicketDetails.aspx
Just put
Vehicle Registration Number LO18ATF
Penalty Charge Notice RG88094253
And you will see the evidence: both on pictures and video you do not see any sing or marks saying bus lane

I did also find out about this website here https://www.getreading.co.uk/news/reading-b...-night-13705554
Where many drives have been caught in this buss lane

If the penalty is fear I just pay it, but both pictures and video do seem very clear

Thank you very much in advance for your support

This post has been edited by Parkingt: Thu, 3 Jan 2019 - 23:30
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post Thu, 3 Jan 2019 - 22:08
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cp8759
post Sat, 5 Jan 2019 - 16:01
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I would add that providing we can get the penalty reset to PCN stage, you have a good chance of getting the penalty cancelled altogether on appeal.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Parkingt
post Mon, 7 Jan 2019 - 13:37
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Reading Borough council replied to my email saying:

The penalty charge number (PCN) you have quoted has not been registered at the TEC. Please contact the Local Authority concerned regarding the penalty charge.
-------
I do not know what the local authority is? Who should i contact Thank you very much
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cp8759
post Mon, 7 Jan 2019 - 14:51
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QUOTE (Parkingt @ Mon, 7 Jan 2019 - 13:37) *
Reading Borough council replied to my email saying:

The penalty charge number (PCN) you have quoted has not been registered at the TEC. Please contact the Local Authority concerned regarding the penalty charge.
-------
I do not know what the local authority is? Who should i contact Thank you very much

The local authority is Reading Council. I think you got this reply from the Traffic Enforcement Centre, rather than from Reading. The Traffic Enforcement Centre is part of the County Court, it is not part of Reading Council. Reading council can't register the debt with the TEC until the 14 days have passed from the date of service of the charge certificate.

Try contacting the TEC again around 20th January and if the debt is still not registered, call them once a week until the debt has been registered.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Parkingt
post Mon, 7 Jan 2019 - 19:05
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I got this answer from Reading Borough council:

The penalty charge number (PCN) you have quoted has not been registered at the TEC. Please contact the Local Authority concerned regarding the penalty charge.

--------
I do not know about the local authority, what should I do next? Thank you
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cp8759
post Mon, 7 Jan 2019 - 19:14
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Post a screenshot of this reply.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Parkingt
post Mon, 7 Jan 2019 - 21:07
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Yes you are right it is from TEC, it is not from Reading Borough council sorry for the confusion

Thank you very much again for your support
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Parkingt
post Fri, 11 Jan 2019 - 20:31
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Reading council send me the PCN
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Parkingt
post Fri, 11 Jan 2019 - 21:15
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I need to post the 2nd page as well but I am finding very hard to make the file 10.95k
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John U.K.
post Fri, 11 Jan 2019 - 22:10
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QUOTE (Parkingt @ Fri, 11 Jan 2019 - 21:15) *
I need to post the 2nd page as well but I am finding very hard to make the file 10.95k


Try this:

Do not attach docs/photos, but use this method:

Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0
for how to do it. I use Tinypic for stage 2 with no problems. Thera are other sites, such as Flickr (where the BBcodes are concealed behind the curly arrow (click on it) for sharing), https://imgbb.com/ (highly recommended by Stamfordman) and imgur, which enable you to paste the BBCodes into your post here.
STAGE 1 takes care of resizing. If you use Tinypic for Stage 2, on the left each image in Tinypic is a list of links. Highlight and copy the entire link 'for forums' from the list for each image - beginning with IMG and ending /IMG (include all the square brackets [ ] ), and paste each link into your post. Each copied and pasted link will embed a thumbnail link in your post.

Using the attachment method is not advised as it means quickly running out of attachment space.

Redact/obscure name, address, PCN number and reg.mark.
LEAVE IN all dates/times; precise location, Contravention code and description.
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Parkingt
post Sat, 12 Jan 2019 - 00:38
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My scanner is not working right now I am just taking pictures with my phone, may you please help me in this way for now, you can save the 1st page then once you did that, I will delete you can delete the 1st page, and then we can post the second page Thank you
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John U.K.
post Sat, 12 Jan 2019 - 08:45
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You can upload your photos to imgbb or imgur and post a link here.
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Parkingt
post Sat, 12 Jan 2019 - 21:28
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https://ibb.co/wp011sg


done it thank you very much, please see link above

This post has been edited by Parkingt: Sun, 13 Jan 2019 - 03:05
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cp8759
post Sun, 13 Jan 2019 - 09:51
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Draft representations, I've not really gone all out as we know Reading will reject no matter what, but we have to go through the motions before you can appeal to the tribunal. Download a copy of the PDF at https://www.scribd.com/document/395140820/A...bridge-Wells-BC and attach it to your appeal (or print it off if you want to send your representations by post).

In any case use bold and italics formatting exactly as I have done below.

-----------

Dear Sir or Madam,

I challenge the penalty charge notice on two grounds.

Ground 1: The alleged contravention did not occur:

As established in the tribunal decision of Carnevale v Reading Borough Council (case reference RG00104-1610), the signage at this location leaves motorists in a trap from which there is no lawful escape. It is lawful to drive into King Street past the junction with Duke Street, but once in King Street there is no lawful exit available: Once a vehicle has reached the far end of King Street, there is a traffic controlled pedestrian crossing which has mandatory left turn signs, these signs are scheduled under section 36 of the Road Traffic Act 1988 and contravening them is a criminal offence punished with a fine and 3 points on one's driving licence. It is therefore impossible to do anything other than turn left without otherwise contravening the criminal law. Driving straight ahead onto Broad Street or right onto Butter Market is impossible because these routes are also forbidden by no entry signs, again taking either of these routes would leave the driver open to prosecution from the police and would likely result in no less than 3 penalty points.

I draw your attention to the following passage from the Carnevale adjudication:

27. I have decided that this appeal should be allowed for the following reasons. The advance signage at the junction of Kings Road and Duke Street did not provide adequate information to road users as to the restriction ahead. It was positively misleading (see paragraph 21 above). A driver (especially a delivery driver) aware that entering King Street was legal at any time would not be informed that having done so the vehicle was trapped in a place from which there was no lawful and safe exit. The sign was too long to be assimilated by a driver in all the circumstances. No good reason has been suggested for using a narrative and not a diagrammatic sign as sensibly recommended by the TSM.
28. Secondly, in circumstances where a multiple point turn is not possible without infringing another restriction, and waiting until the bus lane restrictions were no longer in force would infringe another restriction, and reversing would be patently dangerous and probably a criminal offence, there should be a defence of necessity.
...
32. For all these reasons this appeal is allowed. The Council must cancel the PCN.


It does not appear the council has taken any of the adjudicator's feedback on board, as the "trap" described by the adjudicator is still extant. In light of this, the alleged contravention did not occur.

Ground 2: The amount demanded exceeds the amount due in the circumstances of the case:

Regulation 8(5) of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 provides that:

(5) A penalty charge notice must state—
...
(k) that if at the end of the 28 day period—
(i) no representations have been made; and
(ii) the penalty charge has not been paid, the authority may increase the penalty charge by a
half and take steps to enforce payment of the charge as so increased;


Therefore Parliament has mandated that a penalty charge notice under the regulations must state that the enforcement authority may increase the penalty charge. While I accept the wording of the regulation does not need to be followed verbatim, the PCN, when read as a whole, must convey the meaning intended by Parliament.

The Penalty Charge Notice issued by the enforcement authority in this instance asserts that:

IF YOU DO NEITHER OF THESE THINGS WITHIN 28 DAYS FROM THE DATE OF SERVICE OF THIS NOTICE, THE COUNCIL WILL SERVE A CHARGE CERTIFICATE INCREASING THE PENALTY BY 50% TO £90 AND TAKE STEPS TO ENFORCE PAYMENT OF THE SUM.

The fact that the charge will increase to £90 is therefore unequivocal and for all practical purposes a foregone conclusion.

It has long been held that where Parliament has given a public authority a discretionary power, that power may not be fettered. The Traffic Penalty Tribunal found as follows in case UW 05060M:

"The point clearly made by Mrs H is that the council are saying they will issue a charge certificate, rather than considering whether to do so under their discretionary power.

Regulation 6 of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 prescribed the minimum content of a Notice of Rejection:

6.—(1) Where representations are made under regulation 4 and the enforcement authority serves a notice of rejection under regulation 5(2)(b), that notice shall—

(a) state that a charge certificate may be served unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—
(i) the penalty charge is paid; or
(ii) the person on whom the notice is served appeals to an adjudicator against the penalty charge;

The use of the "shall" means that these requirements are mandatory.
...
This may appear to the council to be something of a technicality, but the law is quite clear and must be applied as described above. The council will see that it is imperative that their Notice of Rejection is amended immediately to avoid this situation occurring again in the future

Appeal Allowed
"

I aver that the same situation arises here, where the use of the word "must" in the bus lane regulations means these requirements are mandatory. This principle is further illustrated in the case of David Greenberg v London Borough of Barnet (case reference 216022028A):

"The Notice of Rejection in this matter states that the Enforcement Authority will serve a charge certificate.
Again the inclusion of the word 'will' imports a fixed and persistent intent, as distinguished from 'may' which expresses a possibility.
The legislature chose the word may, to my mind, to reflect the fact that the Enforcement Authority is bestowed with discretion which may be invoked at any stage, thus the issue of a charge certificate cannot be taken as a foregone conclusion.
"

It is no answer to say that the council would not in practice exercise its discretion not to increase the charge, as found in James Demery v London Borough of Bexley (case reference 2180251300) (my emphasis):

"The Authority also submits that while it has discretionary powers to review a PCN at any point, in reality such reviews occur largely as a result of "statutory exchanges". It is uncommon for there to be a non-statutory review. The Authority went on to say that its policy is not to interfere with the statutory progression of a PCN.

One might disagree with this position in terms of parking law as well as administrative law but that is not the point. The point is not about whether the Authority is entitled to or likely to issue a Charge Certificate, it is whether it is permitted to say in the PCN that a Charge Certificate will be issued.

The Regulations provides that a postal PCN must state, inter alia, that if after the last day of the period referred to in subparagraph no representations have been made in accordance with Regulation 4 of the Representations and Appeals Regulations; and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased.

It seems to me that the Authority has been given a discretion to issue a Charge Certificate and the PCN must state that this discretion exists. The PCN cannot give the impression that there is no such discretion even if the reality is that such a discretion will not be exercised in the motorists' favour.

The PCN is non-compliant. It is invalid and cannot be enforced. It also amounts to a procedural impropriety. I allow the appeal.
"

It is also no answer to say that no prejudice is caused to the recipient of such a PCN, the High Court ruled as follows in London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator [2006] EWHC 2357 (Admin) at paragraph 41:

"Mr Lewis submits that even if there was non -compliance in this respect, nevertheless no prejudice was caused. PCNs should not be regarded as invalid. I do not accept this submission. Prejudice is irrelevant and does not need to be established. The 1991 Act creates a scheme for the civil enforcement of parking control. Under this scheme, motorists become liable to pay financial penalties when certain specified statutory conditions are met. If the statutory conditions are not met, then the financial liability does not arise."

I submit that while bus lane PCNs are issued under a different scheme, it is nonetheless a scheme for the civil enforcement of bus lane control. Under this scheme, motorists become liable to pay financial penalties when certain specified statutory conditions are met, and these statutory conditions include service of a PCN which complies with the mandatory requirements of the regulations. If the statutory conditions are not met, then the financial liability does not arise.

The above was accepted in the recent, detailed and comprehensive decision of adjudicator Jill Yates in Anthony Hall v Kent County Council (with Tunbridge Wells BC) (case reference JU-00042-1810), where the tribunal held that a bus lane PCN issued by Tunbridge Wells council could not be enforced because it wrongly stated that the council "will" increase the penalty:

"f) The wording of regulation 8 is that the PCN ‘must state that and I take this to mean that the precise words are not mandatory, but that the wording used in the PCN must accurately convey the information set out in the regulation.

g) The wording of the regulation makes it clear that the word ‘may may’ applies both to the increase in the penalty charge and to the taking of further steps in enforcement, however, the PCN sent by the council does not reflect this and I therefore find that the wording used does not correctly convey the meaning of the regulation.

h) I note that the council system means that the charge does not in fact increase until the point when the charge certificate is issued, but, whilst this may mean that no prejudice results, it does not alter the fact that the recipients of the notice are likely to understand that the increase is automatic once the 28 days have passed.

i)Mr Justice Jackson, in the case of R (on the application of the London Borough of Barnet Council) v The Parking Adjudicator [2006] EWHC 2357 (Admin), made it clear that this is not relevant at paragraph 41:
‘Mr Lewis submits that even if there was non -compliance in this respect, nevertheless no prejudice was caused. PCNs should not be regarded as invalid. I do not accept this submission. Prejudice is irrelevant and does not need to be established. The 1991 Act creates a scheme for the civil enforcement of parking control. Under this scheme, motorists become liable to pay financial penalties when certain specified statutory conditions are met. If the statutory conditions are not met, then the financial liability does not arise.’
That case dealt with the law under the 1991 Road Traffic Act, but the principles are the same and my view is that prejudice is irrelevant in this case.

j)In the same case, at paragraph 38, Mr Justice Jackson said:
‘The statutory requirements are simple and clear. Compliance is not difficult.’
My view is that the regulations set out in similar, simple terms what the council are required to say in their PCN’s, and I reach the same conclusion, there is no excuse for a failure to comply.

k)As mentioned above, the cases referred to by Mr Hall all refer to parking contraventions and the tribunal cases were dealt with under the parking contravention regulations which give procedural impropriety, ie a failure to comply with the regulations, as a ground of appeal. Such a ground does not exist under the bus lane enforcement regulations. However, the Barnet case pre-dates those regulations and the appeal was allowed by the Tribunal on the basis that the PCN was not valid and could not be enforced. That decision was upheld by the High Court.

l) For the reasons given, I find that the PCN issued by the council in this case was invalid.
"

A copy of this decision is attached for your reference. In light of the faulty wording employed on the PCN, the penalty charge must be cancelled.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Parkingt
post Sun, 13 Jan 2019 - 12:33
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Thank you very much indeed for taking your time to write all of that

Do i need to copy and past al of that abd send it to Reading Borough council?
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cp8759
post Sun, 13 Jan 2019 - 12:48
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QUOTE (Parkingt @ Sun, 13 Jan 2019 - 12:33) *
Thank you very much indeed for taking your time to write all of that

Do i need to copy and past al of that abd send it to Reading Borough council?

Yes, and you need to send them a copy this case as well: https://www.scribd.com/document/395140820/A...bridge-Wells-BC

Obviously you need to add your name, address, PCN number and so on. I doubt it will fit into the representations form on their website so you're better off printing it off and sending it by post, in which case you should send it from a post officer counter and ask for a certificate of posting (it's free). Do not send it recorded delivery.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Parkingt
post Sun, 13 Jan 2019 - 22:47
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cp8759 Thank you very much indeed I am leaving for Italy and I will be back Thursday night the 17th, we've got 28 days from the 08/01/2019 so we have all January to do it however I will do it as soon as I come back

Thank you very much again for your support
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