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Bus Lane PCN - late service date
jandan477
post Sat, 1 Aug 2020 - 11:29
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I received a PCN for entering a bus lane on Newmarket road. I didn't notice it at the time, but upon review on google street view, I must have entered the bus lane early before turning left into the retail park.

The date of service on the PCN appears to be 29 days after the date of contravention. I am wondering whether I will be able to appeal this and claim that the PCN is a nullity and not enforceable based on paragraph 2 here: https://www.legislation.gov.uk/uksi/2005/27...gulation/8/made ?



Thanks very much for your help!
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post Sat, 1 Aug 2020 - 11:29
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PASTMYBEST
post Sat, 1 Aug 2020 - 11:39
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They have 28 days from the date of contravention in which to serve the PCN for a contravention on the 25/06 that 28 days would expire on the 22/07 so the PCN is two days late and unenforceable.

We had a lot of these a couple of years ago in Manchester and every one was ruled in favour of the appellant


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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cp8759
post Sat, 1 Aug 2020 - 18:42
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The PCN does appear to be out of time. Put a draft representation on here for review before sending it.


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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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