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Mrs Doyle
Keeper received a PCN back in March for an alleged bus lane offence in Wolverhampton.

Made an appeal and heard nothing since. Have chased up and been told there is a large backlog and it will be looked at this week.

On the PCN notice it says "not later than the last day of the period of 56 days beginning with the date on which your representation was served on it." in relation to them responding to an appeal, outside of which all charges are cancelled.

Can anyone clarify what "date on which your representation was served on it" means? Is this the date the appeal is received, or the date that they decide to actually look at it, or something else?
DancingDad
Date it was received in basic terms.

If online reps, you should have a receipt or at least a screen shot of an acknowledgement page
If by post, certificate of posting and "service" is taken to be second working day after posting (exclude weekends and bank holidays)

However, where have you got the 56 days from?
You say on the PCN but I was not aware that this time was specified in the Bus Lane Contravention Act and Regs 2005
It is within TMA2004 but that is different legislation.
If it is on the PCN and they exceed, they would need a good reason not to comply with a "promise"

Wolverhampton Bus Lane PCNs also had (may have corrected) a massive flaw in mandatory wording to view the video so keep that in mind if needs be.

Could we see the PCN pls and what you sent.
And some dates

Mrs Doyle
Thanks for the reply.

Appeal was made online. No screenshot and email confirmation never arrived. Called council at the time to confirm it had been received. Also do not have a copy of the appeal wording. It was purely on compassionate grounds.

PCN attached. The wording I mention is on the back.
DancingDad
What are the dates of contravention and date of notice please?

Viewing info (mandatory wording) is missing. Making available online does not release them from this.

Interesting on the 56 days.
They make a promise that they don't need to.
But having made it, must abide by it.

Date of challenge pls?

For future reference, keep copies of everything, screenshots if nothing else.
It can become critical and it is not available cannot help.
Mrs Doyle
QUOTE (DancingDad @ Mon, 5 Sep 2016 - 11:46) *
What are the dates of contravention and date of notice please?

Viewing info (mandatory wording) is missing. Making available online does not release them from this.

Interesting on the 56 days.
They make a promise that they don't need to.
But having made it, must abide by it.

Date of challenge pls?

For future reference, keep copies of everything, screenshots if nothing else.
It can become critical and it is not available cannot help.


Contravention: 04/03/2016 and notice: 11/03/2016.

Date of challenge I believe was 14/03/2016, but have no evidence of this.

Yes, thanks, will not make that mistake again.
DancingDad
Alright.
See what comes back from them
I would not contact them again.

Well over the 56 days
Coming up to 6 months. Which is a "magical" if unwritten time when adjudicators are likely to accept that enforcement has become unreasonable due to excessive delays.
Should be able to win on either at adjudication as well as the Video wording.

What is likely to happen?
Council will cancel against their 56 day rule.... don't bank on this.
Council will send a rejection ignoring their mess up. Get back to us.
Nothing, patience is a virtue.
You will receive a Charge Certificate which if you do, don't panic, just get back to us.

I am assuming that your are still living at the address on the PCN and no reason why post should go astray?
Mrs Doyle
QUOTE (DancingDad @ Mon, 5 Sep 2016 - 12:16) *
Alright.
See what comes back from them
I would not contact them again.

Well over the 56 days
Coming up to 6 months. Which is a "magical" if unwritten time when adjudicators are likely to accept that enforcement has become unreasonable due to excessive delays.
Should be able to win on either at adjudication as well as the Video wording.

What is likely to happen?
Council will cancel against their 56 day rule.... don't bank on this.
Council will send a rejection ignoring their mess up. Get back to us.
Nothing, patience is a virtue.
You will receive a Charge Certificate which if you do, don't panic, just get back to us.

I am assuming that your are still living at the address on the PCN and no reason why post should go astray?


Yes address still the same. Called them this morning to check that nothing further had been sent. They confirmed it had not, and they have a large backlog.

Will take your advice and not contact them again and see what materialises.
Mrs Doyle
Just to update this one. Received a letter from Wolverhampton Council saying they have cancelled the charge in light of my entirely compassionate appeal.

Letter from an actual person including their direct dial number, and matter dealt with fairly.
DancingDad
Nice one.
Compassionate Grounds and 56 days maybe?
Mrs Doyle
QUOTE (DancingDad @ Thu, 8 Sep 2016 - 13:30) *
Nice one.
Compassionate Grounds and 56 days maybe?


The letter stated that it was based on the reasons I had given, and that they had reviewed the CCTV footage to back this up, which doesn't quite make sense.

Presumably they would have known that had they rejected, the 56 days might come into play, but I'm just pleasantly surprised to have been dealt with by a reasonable human being!
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