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bus lane Southampton Row, validity of PCN
Jo Carn
post Tue, 17 Apr 2018 - 09:08
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Am preparing a letter for a driver that picked up a ticket using the bus lane in Southampton Row. Crossed into the bus lane for a matter of feet - pathetic, even by Camden's standards.

Am putting together a letter including de minims etc but I have a couple of issues with the PCN.

1. It states: "The Penalty Charge of £130.00 must be paid before the end of the period of 28 days beginning with the date of this Notice.". I thought it was the 28-day period from time the PCN was SERVED.

2. There is no postal address given where to send representations. I can't remember where I saw it but I thought this was mandatory information.

If someone has the the quotes I need, I'd appreciate it.
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post Tue, 17 Apr 2018 - 09:08
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PASTMYBEST
post Tue, 17 Apr 2018 - 09:27
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If it is a bus lane then. it is date of notice, and the address for payment is required

http://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

but if using a route restricted to certain vehicles then again the same but different regs

http://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

Is it the nearside or offside bus lane, that will make a difference to your reps
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cp8759
post Tue, 17 Apr 2018 - 16:48
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Show us the PCN please (all pages, all sides).


--------------------
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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Jo Carn
post Fri, 20 Apr 2018 - 11:14
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Here is the PCN.

I'm sure it is not compliant. On the back it gives details of how to pay. It also says that there is a right to challenge but not where to write to.



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PASTMYBEST
post Fri, 20 Apr 2018 - 11:19
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These regs are the worst of the lot, There is no statutory right to challenge the PCN, only the enforcement notice so no address could go either way as it can be corrected.

Have a read of the register Jo from the photos it looks like just dipped in a bit early, and loads have won here IIRC because the end of bus lane sign is badly sited
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Jo Carn
post Mon, 23 Apr 2018 - 12:05
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I agree PMB. I have this but I don't know where it came from. (Section i is the one I'm interested in) Can anyone tell me where I got it from?



Here is what a bus lane PCN for England (not Scotland or London), must contain: -

(5) A penalty charge notice must state—

(a)the registration mark of the vehicle involved in the alleged contravention;

(b)the detection date and the time at which the alleged contravention occurred;

©the reasons why the authority believe that a penalty charge is payable;

(d)the amount of the penalty charge;

(e)that the penalty charge must be paid before the end of the 28 day period;

(f)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of service of the notice, the penalty charge will be reduced by one half;

(g)that representations may be made, on any of the statutory grounds of appeal, to the authority against the imposition of the penalty charge but that representations made outside the 28 day period may be disregarded;

(h)what are the statutory grounds of appeal;

(i)the postal address to which representations are to be sent;
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PASTMYBEST
post Mon, 23 Apr 2018 - 12:14
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wrong regs Jo this is what you want

http://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
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