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Bus Lane Mitchell Way Bromley 34J....anything?....eg. DATES?, Enforcement Notice (apparently) served 43 days after alleged offence
mummylonglegs
post Wed, 25 Nov 2020 - 20:57
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HELP!!! I have received a 'Charge Certificate' (dated 16/11/20) for a bus lane contravention committed on 26/08/20. Was a bit confused as it said I had not paid/responded therefore the charge has gone up to £195(!) yet this was the first I had heard of it.
Two days later I received the 'Enforcement Notice' it was referring to, dated 08/10/20.

So, putting aside the fact that the Enforcement Notice arrived later than dated, their dates are:
Bus lane Offence - 26/08/20
Enforcement Notice - 08/10/20 (actually arrived on November!)
Charge Certificate - 16/11/20


Therefore I have two questions:
  1. Do I have any recourse based on the fact that the notification of the offence (the Enforcement Notice) was issued 43 days after the bus lane offence?
  2. Is there anything else in either of these letters that I can appeal against???????????




Link to the video evidence: https://imgur.com/qiOMsfX



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post Wed, 25 Nov 2020 - 20:57
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mummylonglegs
post Sat, 22 May 2021 - 21:56
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Just checked my dates and I didn't register an LT appeal before getting their NoR. The dates are as follow:
Feb 8th - Council sent out a (reissued) EN
Feb 22nd - I lodged my informal appeal with the council
April 15th - Council sent out NoR
May 14th - I requested an appeal hearing with London Tribunals
May 21st - Council sent out a Charge Notice


Should I contact Bromley*? Contact London Tribunals? Submit as further evidence for the hearing?

*If I contact Bromley could they simply scrap the Charge Certificate but still proceed to the hearing
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mummylonglegs
post Sun, 23 May 2021 - 09:46
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I suppose I'm wondering whether it is better to simply add this to the appeal evidence, or is there any risk of fine escalation?
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Neil B
post Sun, 23 May 2021 - 15:05
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QUOTE (mummylonglegs @ Sat, 22 May 2021 - 22:56) *
Just checked my dates and I didn't register an LT appeal before getting their NoR. The dates are as follow:
Feb 8th - Council sent out a (reissued) EN
Feb 22nd - I lodged my informal appeal with the council
April 15th - Council sent out NoR
May 14th - I requested an appeal hearing with London Tribunals
May 21st - Council sent out a Charge Notice


Should I contact Bromley*? Contact London Tribunals? Submit as further evidence for the hearing?

*If I contact Bromley could they simply scrap the Charge Certificate but still proceed to the hearing

I can't make out what on Earth you are saying?
You certainly shouldn't be contacting Bromley about anything, even if I understood what it is you seem to think you need to act on.

You haven't yet told us when your hearing is?

Last you were advised to do was keep an eye out for Bromley uploading any evidence to the LT portal.
So have they?


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

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mummylonglegs
post Mon, 24 May 2021 - 11:48
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No they haven't uploaded any evidence yet. Hearing date tbc but tentatively mid June

I won't contact Bromley about their wrongful Charge Certificate then

Sorry if I was confusing :-)
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cp8759
post Wed, 16 Jun 2021 - 12:42
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QUOTE (Incandescent @ Sat, 22 May 2021 - 22:08) *
Clearly Bromley are in need of an Imperial Rocket up their a*se.

Draft rocket is in your inbox now.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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cp8759
post Wed, 7 Jul 2021 - 09:24
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Epilogue:

QUOTE
This appeal was listed for hearing before me today the appellant's attendance at the hearing, through her
representative Mr cp8759 and that of the council, through its representative Ms Jacobs, being achieved
via telephone. The contravention alleged in these proceedings was that this vehicle was in a bus lane. I was
not satisfied for the reason(s) given by Mr cp8759 at paragraph 1 of his Grounds of Appeal uploaded to
the case on 20 06 21 Ms Jacobs making no submissions in response that the council had established that the
camera used to gather evidence of this incident was a 'prescribed device' (Section 4(1) The London Local
Authorities Act 1996). The video evidence provided by it was thus not admissible. I accordingly found that the
contravention had not been proved and I allowed the appeal.


This post has been edited by cp8759: Wed, 7 Jul 2021 - 09:26


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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mummylonglegs
post Wed, 7 Jul 2021 - 13:35
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A huge thank you to wonderful Pepipoo and to ever sharp CP8759
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