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PCN for Bus Lane Bristol
sweet sensation
post Tue, 8 May 2018 - 11:42
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Hi, I am new to this forum and have recently received a PCN for Being in a bus lane on a Sunday! I don't know the road and was just turning my van around. There were no other vehicles on the road, let alone buses.

I did not pay attention to any warning signs as it was a Sunday on a quiet road I did not think the bus lane would be enforceable! I have asked on a local group on facebook and apparently no one gets off this bus lane fine. I want to see if I can prove them wrong!

For some reason I am really struggling to upload the pics. I will keep trying to add to this post but in the meantime can I appeal against this?

Thanks











Edit: Date of posting - 30/4/2018
Date of detection - 22/4/2018 12:40:25


This post has been edited by sweet sensation: Tue, 8 May 2018 - 12:27
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post Tue, 8 May 2018 - 11:42
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PASTMYBEST
post Thu, 17 May 2018 - 15:59
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QUOTE (sweet sensation @ Thu, 17 May 2018 - 16:45) *
Great thank you so much biggrin.gif

So in the appeal box I put this:

"1:- The contravention did not occur.

The advanced signage and the signage in situ at the restriction fail to give adequate notice contrary to The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 regulation 18

2:- the PCN uses the term within 28 days of the date of the notice being served. Legal convention has it that the use of the term within in describing the period means that counting starts on the next day. This would add an extra day to the period allowed by regulation

This has been found to be non compliant by the high court. [2006] EWHC 2357 (Admin)

3:- The PCN misstates and truncates my rights under regulation 8(5)(n)(i) an(ii) and 8(6)

4:- Within the PCN payment by phone is said to incur a surcharge. This has been ruled upon in the high court and found to be illegal See [2011] EWHC 295 (Admin)

for any one or all of these reasons this PCN must be cancelled."

Or is that giving them too much information right now?


No that's fine, just the bare bones. Let them do the work, if they don't they will fail to consider your reps. Another appeal point. Keep a copy of what you send and get a screenshot of confirmation of receipt if done online if posted get free proof of posting at the post office


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sweet sensation
post Thu, 17 May 2018 - 17:48
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Great, thank you so much. I will sort it tomorrow when I have more time. I appreciate this so much biggrin.gif
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sweet sensation
post Fri, 18 May 2018 - 10:51
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Ok sent. Ive taken a screenshot but have also received a confirmation email. I will keep you posted. Roughly how long do these things drag on for?!! Thanks again for all your help biggrin.gif
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PASTMYBEST
post Fri, 18 May 2018 - 11:03
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QUOTE (sweet sensation @ Fri, 18 May 2018 - 11:51) *
Ok sent. Ive taken a screenshot but have also received a confirmation email. I will keep you posted. Roughly how long do these things drag on for?!! Thanks again for all your help biggrin.gif


Ha one case in Bristol that we put technical argument to them, never got a response. There is no statutory time limit for the council, usually a month or so. After about 3 month it can be argued asunfair


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sweet sensation
post Fri, 25 May 2018 - 09:58
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Ok so with the one that didn't get a response, did the person just ignore it and the fine just went away? Not heard anything yet but I guess its far too soon
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cp8759
post Fri, 25 May 2018 - 10:21
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Regardless of the appeal, they have until 8 June to answer my FOI request about how much profit they make from the 0845 number.


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Mad Mick V
post Fri, 25 May 2018 - 10:53
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@cp8759
0870!!!!
Mick
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cp8759
post Fri, 25 May 2018 - 10:56
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QUOTE (Mad Mick V @ Fri, 25 May 2018 - 11:53) *
@cp8759
0870!!!!
Mick

yes my bad, the correct number is quoted in the foi request.


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sweet sensation
post Tue, 23 Oct 2018 - 09:17
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Hi all, just thought Id update you after all your help. I still haven't heard anything back from this. Am I to assume that thats it? Its all over and I no longer need to worry about it? Its been nearly 6 months since I got the letter!



Need your help on a new thing now, will start a new thread!
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Incandescent
post Tue, 23 Oct 2018 - 10:03
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QUOTE (sweet sensation @ Tue, 23 Oct 2018 - 10:17) *
Hi all, just thought Id update you after all your help. I still haven't heard anything back from this. Am I to assume that thats it? Its all over and I no longer need to worry about it? Its been nearly 6 months since I got the letter!



Need your help on a new thing now, will start a new thread!

Never assume anything with these matters. We see so many people who do then have bailiffs at their door, so you need to at least find out the status of your appeal.This may be available on-line, but if not, chase up the council.
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sweet sensation
post Tue, 23 Oct 2018 - 10:30
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QUOTE (Incandescent @ Tue, 23 Oct 2018 - 11:03) *
QUOTE (sweet sensation @ Tue, 23 Oct 2018 - 10:17) *
Hi all, just thought Id update you after all your help. I still haven't heard anything back from this. Am I to assume that thats it? Its all over and I no longer need to worry about it? Its been nearly 6 months since I got the letter!



Need your help on a new thing now, will start a new thread!

Never assume anything with these matters. We see so many people who do then have bailiffs at their door, so you need to at least find out the status of your appeal.This may be available on-line, but if not, chase up the council.



Ok, thank you. Couldn't find it online so filled the online form in. It said will reply within 15 days. These things don't half drag on! rolleyes.gif
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John U.K.
post Tue, 23 Oct 2018 - 10:44
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QUOTE
Ok, thank you. Couldn't find it online


What is the status when you go the the Council's 'View my PCN' facility?
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sweet sensation
post Thu, 25 Oct 2018 - 11:01
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QUOTE (John U.K. @ Tue, 23 Oct 2018 - 11:44) *
QUOTE
Ok, thank you. Couldn't find it online


What is the status when you go the the Council's 'View my PCN' facility?



I cant find out how to do that? Ive looked on a variety of different places. Any idea where I can find it?

Thanks





I did receive this yesterday

"We can confirm that your appeal against this penalty charge notice has been received and is on hold until we look into your appeal and respond."



It then goes on about a backlog and it will be a few weeks before they respond
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cp8759
post Fri, 26 Oct 2018 - 08:45
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QUOTE (sweet sensation @ Thu, 25 Oct 2018 - 12:01) *
QUOTE (John U.K. @ Tue, 23 Oct 2018 - 11:44) *
QUOTE
Ok, thank you. Couldn't find it online


What is the status when you go the the Council's 'View my PCN' facility?



I cant find out how to do that? Ive looked on a variety of different places. Any idea where I can find it?

Try https://pcn.bristol.gov.uk/OCM.Presentation...er/Default.aspx


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