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Bus Lane PCN Manchester Oxford Street (Whitworth Street West to Chepstow Street)
Manc1
post Fri, 31 May 2019 - 21:54
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Hi All,
I received a PCN couple of days back (28/05/19) for a bus lane contravention turning from Whitworth Street onto Oxford Street in Manchester. I didn't notice the signage (which is poor) untill i turn left into oxford street. Also my sat nav took me via this road, i noticed in the cctv image and Google Street View that there is no Red highlighted Bus Lane marking but they marked as Bus gate also spotted one very poor, minimal sign on Whitworth Street approach to junction

detection date: 23/05/19
PCN posting: 28/05/19
Contravention: Bus Lane - Oxford Street (Whitworth Street West to Chepstow Street)

The Penalty charge of £60.00 must be paid before the end of the period 28 days begining with the date of service of this notice and will be reduced by one half £30.00 if paid before the end of the period 14 days begining with the date of serice of this notice.

Can someone please help me where do i start with an appeal? Can anybody point me towards a good letter to help with this? I really have no idea what to do at all.

Any help would be appreciated, thank you.

https://imgur.com/a/lM09gzm - Copy of the PCN uploaded here.

https://imgur.com/a/lM09gzm

This post has been edited by Manc1: Fri, 31 May 2019 - 21:56
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post Fri, 31 May 2019 - 21:54
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cp8759
post Wed, 31 Jul 2019 - 23:21
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There's no such thing as a "debt county letter".


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Manc1
post Thu, 15 Aug 2019 - 16:32
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Hi PASTMYBEST & cp8759,
I have received Order for Recovery of unpaid penalty charge letter asking me to pay £90 charge & £9 court charge total £98 at Traffic Enforcement Center at Northampton County Court. They have given me an option to file a statutory declaration with an enclosed form and send it to Traffic Enforcement Center.

"The declaration must be signed before a commissioner for Oaths (eg. a solicitor), or an officer of any county court appointed by a judge to take affidavits or a justice of the peace. You may have to pay a fee" - Where can i find commissioner for Oaths or solicitor in Manchester and how much fee they charge? What happens if i send letter without declaration of commissioner of oaths? They will reject my appplication?

I will tick the option - " I made representations about the penalty charge to the council concerned before the end of the period of 28 days beginning with the date of service of the notice to Owner or Bus Lane Penalty Charge Notice, but did not receive a rejection notice" with additional information and sign it send to Traffic Enforecement.

Please advise me where to approach for commissioner for Oaths.

Order for recovery letter - https://imgur.com/a/wMfNaJN


Thanks.
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cp8759
post Thu, 15 Aug 2019 - 16:58
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QUOTE (Manc1 @ Thu, 15 Aug 2019 - 17:32) *
"The declaration must be signed before a commissioner for Oaths (eg. a solicitor), or an officer of any county court appointed by a judge to take affidavits or a justice of the peace. You may have to pay a fee" - Where can i find commissioner for Oaths or solicitor in Manchester and how much fee they charge? What happens if i send letter without declaration of commissioner of oaths? They will reject my appplication?

You can't send the declaration without it being witnessed, it would just get rejected. But you don't need to pay anyone, if you go to your local magistrates or county court you can make the declaration in front of a magistrate or county court officer, links below:

Manchester Magistrates' Court: https://courttribunalfinder.service.gov.uk/...gistrates-court
Manchester County and Family Court: https://courttribunalfinder.service.gov.uk/...nd-family-court

Just call up and explain you need to make an appointment to make a statutory declaration.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Manc1
post Thu, 15 Aug 2019 - 22:27
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QUOTE (cp8759 @ Thu, 15 Aug 2019 - 17:58) *
QUOTE (Manc1 @ Thu, 15 Aug 2019 - 17:32) *
"The declaration must be signed before a commissioner for Oaths (eg. a solicitor), or an officer of any county court appointed by a judge to take affidavits or a justice of the peace. You may have to pay a fee" - Where can i find commissioner for Oaths or solicitor in Manchester and how much fee they charge? What happens if i send letter without declaration of commissioner of oaths? They will reject my appplication?

You can't send the declaration without it being witnessed, it would just get rejected. But you don't need to pay anyone, if you go to your local magistrates or county court you can make the declaration in front of a magistrate or county court officer, links below:

Manchester Magistrates' Court: https://courttribunalfinder.service.gov.uk/...gistrates-court
Manchester County and Family Court: https://courttribunalfinder.service.gov.uk/...nd-family-court

Just call up and explain you need to make an appointment to make a statutory declaration.


Thanks, i will ring them and make an appointment. So i have to fill the form with details infront of local magistrate or county officer?
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cp8759
post Thu, 15 Aug 2019 - 22:46
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QUOTE (Manc1 @ Thu, 15 Aug 2019 - 23:27) *
Thanks, i will ring them and make an appointment. So i have to fill the form with details infront of local magistrate or county officer?


Yes you just fill it in in front of them, they should help you do it. Don't put anything in the "other information" box, just tick and sign.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Manc1
post Thu, 15 Aug 2019 - 23:10
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Yes you just fill it in in front of them, they should help you do it. Don't put anything in the "other information" box, just tick and sign.
[/quote]


Thanks, i will ring them and make appointment soon.
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jordicruyff
post Sun, 18 Aug 2019 - 10:31
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I received a notice on August 7th relating to the same location and the same alleged contravention. Two things - firstly, huge thanks to the forum for the hugely helpful information I've seen on here which has given me a lot of help with my upcoming appeal which I need to submit by Thursday 22nd August. Secondly, apologies for this as I'm new here, should I start another thread for my case given that it's for the same thing, or just advise on how I get on with my appeal on this thread?

This post has been edited by jordicruyff: Sun, 18 Aug 2019 - 10:54
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cp8759
post Sun, 18 Aug 2019 - 11:15
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Start your own thread please.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Manc1
post Thu, 22 Aug 2019 - 20:11
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QUOTE (cp8759 @ Thu, 15 Aug 2019 - 23:46) *
QUOTE (Manc1 @ Thu, 15 Aug 2019 - 23:27) *
Thanks, i will ring them and make an appointment. So i have to fill the form with details infront of local magistrate or county officer?


Yes you just fill it in in front of them, they should help you do it. Don't put anything in the "other information" box, just tick and sign.


cp8759,

I have filled the form infront of them just ticked the form and signed. They have signed and stamped the form. Can i just send the form to "The Traffic Enforcement Center"?

Do i need to include the email proof from Manchester city council that they acknowledged my appeal and will respond that in 21 days? or just send signed letter?

Thanks.
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PASTMYBEST
post Thu, 22 Aug 2019 - 23:47
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No just send the declaration the acknowledgement is for later

QUOTE (Manc1 @ Thu, 22 Aug 2019 - 21:11) *
QUOTE (cp8759 @ Thu, 15 Aug 2019 - 23:46) *
QUOTE (Manc1 @ Thu, 15 Aug 2019 - 23:27) *
Thanks, i will ring them and make an appointment. So i have to fill the form with details infront of local magistrate or county officer?


Yes you just fill it in in front of them, they should help you do it. Don't put anything in the "other information" box, just tick and sign.


cp8759,

I have filled the form infront of them just ticked the form and signed. They have signed and stamped the form. Can i just send the form to "The Traffic Enforcement Center"?

Do i need to include the email proof from Manchester city council that they acknowledged my appeal and will respond that in 21 days? or just send signed letter?

Thanks.


No just send the declaration


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Manc1
post Fri, 23 Aug 2019 - 21:25
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QUOTE (PASTMYBEST @ Fri, 23 Aug 2019 - 00:47) *
No just send the declaration the acknowledgement is for later


No just send the declaration


Thanks PASTMYBEST,
I have posted the letter to The Traffic Enforcement Centre, Northamption county court Bulk Centre.

What happens next? Do the court will ask council for proof of rejection notice or any other information?
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cp8759
post Sun, 25 Aug 2019 - 11:45
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No the court will just cancel the Order for Recovery and the Charge Certificate. The council should then refer the case to the tribunal.

This post has been edited by cp8759: Sun, 25 Aug 2019 - 11:46


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Manc1
post Fri, 6 Sep 2019 - 21:59
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QUOTE (cp8759 @ Sun, 25 Aug 2019 - 12:45) *
No the court will just cancel the Order for Recovery and the Charge Certificate. The council should then refer the case to the tribunal.



Hi Both, I have received letter from both County court and City council.

County court - It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled.

City Council - The county court has sent us a copy of your recent statutory declaration.The order for recovery & charge certificate have been cancelled but the county court order did not cancel the Penalty Charge Notice. This means that the penalty charge of £60.00 is outstanding.
"We note what you have said in the statutory declaration but: We did receive your representations and sent a Notice of Rejection to you on 12 July 2019". But this is after 21 days (grace period), i made my appeal on Jun 2 and they sent a Notice of Rejection after sendng charge certificate on 12th July which passed my grace period.

https://imgur.com/a/aDye5eK
Please see both letters above.

Now do i need to wait for Adjudicator directions? The Adjucator will contact me if they need further clarification or the council will refer to Traffic Penalty Tribunal?

Thanks.


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cp8759
post Mon, 9 Sep 2019 - 20:22
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Now we wait for the adjudicator's directions, but in the meantime ask the council for a copy of the Notice of Rejection which they claim they sent on 12 July.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Manc1
post Thu, 12 Sep 2019 - 23:01
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QUOTE (cp8759 @ Mon, 9 Sep 2019 - 21:22) *
Now we wait for the adjudicator's directions, but in the meantime ask the council for a copy of the Notice of Rejection which they claim they sent on 12 July.


Hi cp8759,
I have asked them before when they sent me charge certificate saying why there is no response to my appeal before they send me charge certificate. They get back to me on 12 July saying "I noticed the comments you mentioned in the letter and i can confirm that we have not received any previous enquiry i have reintroduced the discounted charge of £30.00 provided you pay this within 14 days of the date of this letter". But i got acknowlegement email from them saying they received my appeal and they never replied to me saying whether my appeak is rejected or not.
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cp8759
post Fri, 13 Sep 2019 - 17:40
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There's not much to do aside from waiting for the adjudicator's directions.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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