Bus Lane PCN - Manchester Options

[myblacklab]

Apologies if I have put this in the wrong place - please move if I have.

I have today received my first (in 29 years!) Bus Lane PCN

It's the first time I have driven up there, but had to go as my brother was in the Eye Hospital and had no way of getting home. I was not aware that I was in a bus lane??, and obviously
wouldn't have been if I knew I was! The photo confuses me as I appear to be driving on the road?

I'll be honest, but I've panicked today and have paid the £30 (with the view of perhaps fighting it afterwards so I didn't lose the discount). I don't cope with this sort of thing very well, hence paying
quickly - I'm Manchester Councils target audience I guess!

Any advice please - or is it now too late?

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[Mad Mick V]

Just write a simple letter with the right buzz words:-

Dear Chief Executive,

I would be grateful if you could deal with this letter as a formal complaint against the Council.

I have paid a penalty charge (Number ????) in the legitimate expectation that your Council both knew what it was doing and had the legal right to enforce such a charge.

Subsequently I have discovered that the Council were wrong in both fact and law to pursue this penalty charge. My request for a refund has been rejected on the disproportionate and fallacious reason that payment is an admission of liability.

In essence the legislation concerning your plethora of bus lanes gives the Council a deadline to serve a penalty charge notice. In my case this was served out of time and I would contend that the Council is in abuse of process both in issuing a penalty charge notice and in pursuing payment. Moreover ignoring relevant considerations in refusing my refund.

I am one of many who have been sent illegal notices but I am not sure you will have been apprised of this problem with Oxford Road/Street tickets since your parking services department seems hellbent on ignoring the elephant in the room. Just let us say that there is a big contingent liability in the offing because the Council have acted outside statutory procedures. Less reasonable people than myself will no doubt be asking the Council's auditors not to sign off the accounts until the situation is resolved.

That is the scale of the issue.

I wish to take my case to the Local Authorities Ombudsman and therefore, as part of that process, I await your response to this formal complaint.

Yours sincerely
-----------

Cat, pigeon, put, feathers!

Mick

This post has been edited by Mad Mick V: Wed, 31 Jan 2018 - 18:17

[myblacklab]

Just write a simple letter with the right buzz words:-

Dear Chief Executive,

I would be grateful if you could deal with this letter as a formal complaint against the Council.

I have paid a penalty charge (Number ????) in the legitimate expectation that your Council both knew what it was doing and had the legal right to enforce such a charge.

Subsequently I have discovered that the Council were wrong in both fact and law to pursue this penalty charge. My request for a refund has been rejected on the disproportionate and fallacious reason that payment is an admission of liability.

In essence the legislation concerning your plethora of bus lanes gives the Council a deadline to serve a penalty charge notice. In my case this was served out of time and I would contend that the Council is in abuse of process both in issuing a penalty charge notice and in pursuing payment. Moreover ignoring relevant considerations in refusing my refund.

I am one of many who have been sent illegal notices but I am not sure you will have been apprised of this problem with Oxford Road/Street tickets since your parking services department seems hellbent on ignoring the elephant in the room. Just let us say that there is a big contingent liability in the offing because the Council have acted outside statutory procedures. Less reasonable people than myself will no doubt be asking the Council's auditors not to sign off the accounts until the situation is resolved.

That is the scale of the issue.

I wish to take my case to the Local Authorities Ombudsman and therefore, as part of that process, I await your response to this formal complaint.

Yours sincerely
-----------

Cat, pigeon, put, feathers!

Mick

Thanks Mick, sorry for the delay, I couldn't find my post. I will get that in the post tomorrow. Thank you.

[DancingDad]

Just a comment on this.

In many cases where enforcement has been found wanting due to a technical issue, problems with signage or any of the common issues, even a High Court acknowledgement would not force the council to refund paid PCNs (unless the HC ordered that)
That payment is an admission of liability is their normal get out and is normally difficult to argue with.

In this case, there can be no liability as no lawful PCN has been served.
There can be no admission where there is nothing to admit against a lawful PCN.
Just to repeat that, there is no lawful PCN.
There is no lawful reason why a council can take your money and keep it.

[myblacklab]

Thank you for the comments on this they are really helpful. I'm not up on this kind of thing, but this has become a matter of principle for me now and I will do everything I can to get the refund back. Can I just ask though, as they have already said they will not enter into any further correspondence with regards to this charge, although I am addressing the letter to the Chief Executive, how long do I wait before I send to the Local Authorities Ombudsman, or do I send a copy of the letter at the same time? Thank you for all your help, it really is appreciated.

[Mad Mick V]

The parking services lot were talking bollix so don't take anything they say as the end of the matter.

In order to get to the LAO you have to instigate a formal complaint and once that has been made I see no reason why you should not copy the LAO in but with more details of your complaint.

Mick

[Neil B]

Maybe start here?
Then you can show the lao you have followed mcc procedure.

http://www.manchester.gov.uk/info/200025/c...nd_complaints/2


http://www.manchester.gov.uk/info/200025/c...and_questions/3

[myblacklab]

Thanks Mick & Neil, I will let you know how I get on.