34J Being in bus land - no CCTV images on council website Options

[Robin68]

My first post so apologies for any malpractice in my post.

I received a 34J PCN for being in a bus lane. The PCN provided the date and time of the contravention, as well as the location. The picture included on the PCN is very unclear and beneath it stated to enter the PCN number of VRN in the council's website, I did that but the website said there was no matching record found.

I wrote to the council making an early informal challenge stating that the evidence was not available and I sent them a copy of the website message. Subsequently the council have responded saying that they won't cancel the PCN, the response also included the same picture from the first letter plus a picture of my VRN (but not where the car was when the picture of the VRN was taken).

I have the option to pay a reduced amount in 14 days, the full amount within 28 days or formally challenge the PCN by using an Enforcement Notice form I will receive if I make no payment.

Does the lack of evidence on the council website and the unclear pictures on the letters provide a defence to challenge the PCN?

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[John U.K.]

As usual, for best advice also post up here all sides of the PCN and GSV(Google Street View ) link to the location, together with all sides of all correspondence to and from the Council.

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), 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

[Incandescent]

Does the lack of evidence on the council website and the unclear pictures on the letters provide a defence to challenge the PCN?

Unfortunately no. The evidence is the video, (and te PCN), which is the sole evidence and which is viewed by the adjudicator if you take it that far. Many cases are won when the council fail to supply the PCN in the evidence pack.

This post has been edited by Incandescent: Thu, 11 Oct 2018 - 14:07

[Robin68]

Thanks Incandescent.
Does that mean that even though I can't see the video because it's not on the council website, I have to either pay the reduced amount now or go to adjudication and only at adjudication will I get to see the video?

[John U.K.]

or go to adjudication and only at adjudication will I get to see the video?

When it comes to adjudication, the Council must, before the hearing, send a copy to you of all their evidence against you.

Buit if you would put up the paperwork here (as per post #2), we could see, inter alia, what, if any instructions the Council provide about viewing the video (and any other errors in the Council's 'small print')'...

This post has been edited by John U.K.: Thu, 11 Oct 2018 - 18:05

[Neil B]

You might get somewhere if you show the docs as asked.

We don't even know who it is yet.

Newham?

[Robin68]

Thanks.
Hopefully the documents are visible.





This post has been edited by Robin68: Fri, 12 Oct 2018 - 08:02

[cp8759]

PM me the PCN details and I'll try getting hold of the video.