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Bus Lane fine, Missed discount deadline
bunny55
post Wed, 13 Sep 2017 - 15:37
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Hello,

I am new to the forum. I received a bus lane charge through the post. Only got round to opening it today as I have been away from my house for 3 weeks due to an unexpected family death. I have missed the 50% discount by literally one day. Phoned the council and they said I've to submit an appeal. I've done this online. Does anyone know how reasonable councils are in overturning this? The offence happened quite a while back so I genuinely forgot about this as I was driving a courtesy car at the time. Willing to pay but can't really afford £60.

Many thanks in advance
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post Wed, 13 Sep 2017 - 15:37
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PASTMYBEST
post Wed, 13 Sep 2017 - 15:39
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post up the PCN and your representation
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bunny55
post Wed, 13 Sep 2017 - 16:01
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It's not letting me upload the notice on this site.
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John U.K.
post Wed, 13 Sep 2017 - 16:04
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QUOTE (bunny55 @ Wed, 13 Sep 2017 - 17:01) *
It's not letting me upload the notice on this site.

Try this:
Do not attach docs/photos, but use this method:
Some are having problems with Tinypic at he moment.. try Flickr, where the BBcodes are concealed behind the curly arrow for sharing.

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, 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.

Also post up a GSV (Google Street View) link to the location.
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bunny55
post Wed, 13 Sep 2017 - 16:21
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Hope this is okay. Not very good with computers and a bit stressed out.
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DancingDad
post Wed, 13 Sep 2017 - 17:43
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We need to see dates and location !
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bunny55
post Wed, 13 Sep 2017 - 18:53
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It happened on 7/7/17 at 23:40 on Argyle Street/Jamaica Street in Glasgow. Contravention is being is a bus lane. They issued the notice on 24/8/17. Sorry I'm using an iPad and can't get to grips with the editor very well. I'm not used to this and not had a fine in my life before.



Google maps - not very good with using this using co-ordinates but this is the place it would've happened outside of - https://www.google.co.uk/maps/place/Blue+La...df91b8?hl=en-gb
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Mad Mick V
post Wed, 13 Sep 2017 - 19:38
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OP----if you cannot afford £60, string out the appeal process for as long as possible and save up. Look on their website it might still be at the lower rate.

Two things seem critical:-

1) what did you sign when you got the courtesy car?

2) the Act says they have to serve the Notice within 28 days of the contravention --- they didn't.

Act here:-

http://www.legislation.gov.uk/ssi/2011/442/contents/made

Usually the garage will ask you to sign a hire form or a statement of liability before you picked up the courtesy car. Did they and was it fully completed?

Mick
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bunny55
post Wed, 13 Sep 2017 - 20:13
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I have the papers for the courtesy car somewhere but I read that if I commit any offences then I am responsible as if I was the registered keeper/owner of the car. Also, the council addressed this current notice to a Mrs (I'm a Miss) and spelt my first name wrong.
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peterguk
post Wed, 13 Sep 2017 - 20:17
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QUOTE (bunny55 @ Wed, 13 Sep 2017 - 21:13) *
Also, the council addressed this current notice to a Mrs (I'm a Miss) and spelt my first name wrong.


Since your details were given to the LA by the RK, what info. was the LA given? (Not that it matters in any case)

This post has been edited by peterguk: Wed, 13 Sep 2017 - 20:18


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bunny55
post Wed, 13 Sep 2017 - 20:20
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All details were correct to the RK. I believe they would've given them my name and address. My name is spelt correctly across my courtesy car documentation.
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peterguk
post Wed, 13 Sep 2017 - 20:21
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QUOTE (bunny55 @ Wed, 13 Sep 2017 - 21:20) *
All details were correct to the RK.


I meant what info. did the RK give the LA?


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Mad Mick V
post Wed, 13 Sep 2017 - 20:23
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QUOTE (bunny55 @ Wed, 13 Sep 2017 - 21:13) *
I have the papers for the courtesy car somewhere but I read that if I commit any offences then I am responsible as if I was the registered keeper/owner of the car. Also, the council addressed this current notice to a Mrs (I'm a Miss) and spelt my first name wrong.



In order to transfer liability the garage has to have watertight documents--if not an escape maybe possible.

In England and I believe Scotland (needs to be checked) the following is relevant:-

http://www.legislation.gov.uk/uksi/2000/2546/schedule/2/made

Mick
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bunny55
post Wed, 13 Sep 2017 - 20:24
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I'm not sure, I'd need to phone up and ask. Would this make a difference? They were a courtesy car company on behalf of an insurance company (not mine, the other person's insurance company as liability as admitted straight away).
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Mr Mustard
post Wed, 13 Sep 2017 - 20:25
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Don't worry about the garage. Usually if a motorist gets a PCN cancelled as liability was not properly transferred the enforcement authority just give up. Let us see what you signed with the garage.


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bunny55
post Wed, 13 Sep 2017 - 20:37
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Thank you very much. I'll dig out the paperwork. On night shift, so won't be until tomorrow if that's ok?
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Incandescent
post Wed, 13 Sep 2017 - 21:47
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QUOTE (bunny55 @ Wed, 13 Sep 2017 - 21:37) *
Thank you very much. I'll dig out the paperwork. On night shift, so won't be until tomorrow if that's ok?

This is a 24x7 forum, (or appears to be judging by the times on some advisers posts !!). Where a party issued with a PCN passes on liability for it, (sold-on or hiring company), the clock to issue a PCN goes back to zero when the authority receive the name and address of the hiring party. So this PCN may or may not be out-of-time, but you won't find out unless you appeal on this basis. I also notice that the title of this penalty notice is different to the English ones, so the legislation really needs to be checked with a fine tooth comb to make sure Glasgow have entered the information required by law.

This post has been edited by Incandescent: Wed, 13 Sep 2017 - 21:48
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DJ Lexy
post Thu, 14 Sep 2017 - 15:32
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I know the area well. No chance of claiming inadequate signage (see photos below), and it has been a bus lane for as long as I can remember, so it's not a new scheme.















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