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Bus lane two years ago
mike08
post Sat, 24 Feb 2018 - 12:16
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hi i hope you can help me with my bus lane ticket. last month i receive on my email about my bus lane contravention from 2 years ago
i did challenge the ticket and now I have not even received any form of response from my challenge and now have received a
letter through the post informing that the penalty has been increased from £65 to £130.

Thanks



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post Sat, 24 Feb 2018 - 12:16
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DancingDad
post Sat, 24 Feb 2018 - 12:21
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Don't use photobucket.
Host on another free site such as flikr then link back.

Bus lane in Brent was never £65 that was discount offer.
So I assume new notice is an Enforcement Notice but we need to see it.
And original PCM and your reps please
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mike08
post Sat, 24 Feb 2018 - 13:08
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sorry i dont know how to upload the photo. but here is the link. and yah sorry i mean the discounted price is £65. but when you challenge it, it should hold to £65 right until you receive reply. is that right?
Thanks

https://www.flickr.com/photos/155696634@N06/

This post has been edited by mike08: Sat, 24 Feb 2018 - 13:11
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stamfordman
post Sat, 24 Feb 2018 - 13:14
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Brent have form for sending these out very late. Surely this must be cancelled. Is it malpractice?

IMG_20180224_0002 by mike loay, on Flickr

P0004603293 (1)-page-001 by mike loay, on Flickr

This post has been edited by stamfordman: Sat, 24 Feb 2018 - 13:18
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mike08
post Sat, 24 Feb 2018 - 13:33
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im not sure if its a malpractice. when i got the email on my gmail i went to the brent council web site to check it and all there. so what i did i challenge it and never hear anything from them and then i get the second letter via post this time after few weeks.
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PASTMYBEST
post Sat, 24 Feb 2018 - 13:38
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99.9% certain this would be cancelled as unfair

2160306013

One of the issues raised by Mr Wireko-Brobbery is delay.
The alleged contravention occurred on 28th February 2015. Mr Wireko-Brobbery wrote to the local authority on 8th April 2015, the local authority replied on 19th May. Mr Wireko-Brobbery made further representations on 30th May and 8th June 2015. The local authority replied on 19th December 2015.
The local authority gives no explanation for why it failed to respond or take any steps to enforce the Penalty Charge Notice for over 6 months.
On 8th February 2016 the local authority received notification from the Traffic Enforcement Centre that Mr Wireko-Brobbery had made a witness statement on 4th February 2016. The local authority referred the witness statement to London Tribunals on 14th July 2016. The local authority does not explain why this referral took over 5 months.
I find that there have been two periods of substantial delay by the local authority in dealing with this Penalty Charge Notice. No explanation has been offered.
The local authority is under a duty to act fairly and this includes taking steps to enforce the penalty within a reasonable time. I consider that the delays of the local authority in this matter has breached its obligation to act in a timely manner. I find that the local authority cannot now pursue the penalty against the appellant and so I allow the appeal.

and also the key case re delay

http://www.londontribunals.gov.uk/sites/de...ses/Davis41.pdf


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mike08
post Sat, 24 Feb 2018 - 14:08
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thanks for all your reply!. i will write representations and send it to them later on tonight.

Thanks again!
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stamfordman
post Sat, 24 Feb 2018 - 14:08
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Post a draft here first.
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Neil B
post Sat, 24 Feb 2018 - 15:55
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QUOTE (mike08 @ Sat, 24 Feb 2018 - 13:33) *
im not sure if its a malpractice. when i got the email on my gmail i went to the brent council web site to check it and all there. so what i did i challenge it and never hear anything from them and then i get the second letter via post this time after few weeks.

Confused.
What e-mail?

The letter you've shown says you challenged a PCN. Is that right?

Was the car yours in Feb 2016?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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mike08
post Sat, 24 Feb 2018 - 21:00
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yes your right. they sent it to me via email, that is the second picture on top. and yes i did challenge it and they never get back to me. instead they sent me letter via post this time and that is the first picture on top. i own the car since Nov 2015. i know im sorry its very confusing.
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stamfordman
post Sat, 24 Feb 2018 - 21:18
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QUOTE (mike08 @ Sat, 24 Feb 2018 - 21:00) *
yes your right. they sent it to me via email, that is the second picture on top. and yes i did challenge it and they never get back to me. instead they sent me letter via post this time and that is the first picture on top. i own the car since Nov 2015. i know im sorry its very confusing.



This is as clear as mud. Write down exactly what you got, when and by what method. The PCN must have been sent by post.
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Neil B
post Sat, 24 Feb 2018 - 21:55
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QUOTE (mike08 @ Sat, 24 Feb 2018 - 21:00) *
i own the car since Nov 2015.

And there's a clue on the two years !


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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mickR
post Sun, 25 Feb 2018 - 12:53
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QUOTE (Neil B @ Sat, 24 Feb 2018 - 21:55) *
QUOTE (mike08 @ Sat, 24 Feb 2018 - 21:00) *
i own the car since Nov 2015.

And there's a clue on the two years !


huh.gif ??

OP please list everything you recieved and sent in date order from the very start.
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mike08
post Mon, 26 Feb 2018 - 18:46
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I have received on 6th of
January 2018 and have since challenged this.
The notice was for a penalty charge issued for driving on a bus lane. The alleged offence
was dated February 6, 2016 for which I have never received any ticket for through the post.
According to the Bus Lane Contraventions Regulations 2005:
(2) Subject to paragraph (3), a penalty charge notice shall be served before the end of the period of 28 days
beginning with the detection date.
(3) Where—
(a)within 14 days of the detection date an approved local authority have made a request to the Secretary of State
for the supply of relevant particulars; and
(b)those particulars have not been supplied before the date after which the authority would not be entitled to
serve a penalty charge notice by virtue of paragraph (2),
the authority shall continue to be entitled to serve a penalty charge notice for a further period of six months
beginning with the date mentioned in sub-paragraph (b).
I have challenged this charge on the grounds that a penalty notice has not been issued
within 28 days of detection via post. Should I have received a notice within 28 days of said
detection, I would have happily paid the fine.
I have not even received any form of response from my challenge and now have received a
letter through the post informing that the penalty has been increased from £65 to £130. 
Considering that this happened 2 years ago, and not receiving PCN ticket notice shortly
after

is this good for my representation? sorry been busy at work. doesnt have time to do it

Thanks smile.gif
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Neil B
post Mon, 26 Feb 2018 - 19:29
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QUOTE (mike08 @ Mon, 26 Feb 2018 - 18:46) *
is this good for my representation?

No it's rubbish.

You are not understanding replies here and you continue to not make sense.
QUOTE (mike08 @ Sat, 24 Feb 2018 - 21:00) *
they sent it to me

What is "it".
QUOTE (mike08 @ Mon, 26 Feb 2018 - 18:46) *
I have received on 6th of
January 2018 and have since challenged this.

Received what?

Start at the beginning, as asked.
QUOTE (stamfordman @ Sat, 24 Feb 2018 - 21:18) *
Write down exactly what you got, when and by what method. The PCN must have been sent by post.

QUOTE (mickR @ Sun, 25 Feb 2018 - 12:53) *
OP please list everything you recieved and sent in date order from the very start.



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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Mon, 26 Feb 2018 - 20:43
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Mike.
Let us help you by showing us what we've asked for.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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mike08
post Mon, 26 Feb 2018 - 21:42
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Sorry, I'm trying to upload the images again to be more clear.

I received the very first email from Brent council on January 16, 2018 in regards to a PCN for driving on a bus lane. If you look at the email, it says "Thank you for writing to us regarding the above Penalty Charge Notice". Please note that I have never sent any letter or email to anyone before this. I did not even know I have a PCN as I never received any through the post about the contravention on February 6, 2016. I checked the PCN number on the Brent council website and it was there, so I was confused myself. I thought, this isn't fair and started reading about the law on Bus lane Contravention.

P0004603293 (1)-page-001 by mike loay, on Flickr

Then, I challenged this on the website. I took a screen shot of it that says "A challenge has previously been made for this case."

28500651_10214969361530651_1099511131_o by mike loay, on Flickr

I waited for a response but instead I received an Enforcement Notice letter through the post on February 21,2016.

IMG_20180224_0002 by mike loay, on Flickr

How can I make an appeal to get this PCN cancelled as I never even received one through the post back in Feb 2016. I am also always careful when driving on bus lanes. I never make a habit of this which makes me think if there was something else going on around the area that time e.g. roadworks.

I hope this explains it better and I appreciate you all for helping me with this.
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Neil B
post Mon, 26 Feb 2018 - 22:21
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QUOTE (mike08 @ Mon, 26 Feb 2018 - 21:42) *
I received the very first email from Brent council on January 16, 2018 in regards to a PCN for driving on a bus lane. If you look at the email, it says "Thank you for writing to us regarding the above Penalty Charge Notice". Please note that I have never sent any letter or email to anyone before this.

Yep.
That's the explanation you left out.

Now I think I know what has happened, as I suspected when I said -
QUOTE (Neil B @ Sat, 24 Feb 2018 - 21:55) *
QUOTE (mike08 @ Sat, 24 Feb 2018 - 21:00) *
i own the car since Nov 2015.

And there's a clue on the two years !

YOU didn't challenge the PCN but maybe someone has?
I think the PCN went to the previous owner and it has been going through the Court (TEC) before being
transferred to you.
That would make sense.
When did you register the vehicle as yours? The date will be on the V5C next to 'docref'.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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PASTMYBEST
post Mon, 26 Feb 2018 - 22:26
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Mike the answers will help us to formulate an appeal strategy for you that has the best chance. Don't send anything til we have a chance to check everything over


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mike08
post Wed, 28 Feb 2018 - 23:12
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i did challenge my self the pcn, after few days when i receive the Email.
im not totally sure of the date when the car transferred to my name, as i dont have the car anymore, but as far as i remember i did it around summer 2016.
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