The Bus Lane Contraventions Regs 2005 which state;

8(2) Subject to paragraph 3, a PCN shall be served before the end of the period of 28 days beginning with the detection date

8(3) Where (a) within 14 days of the detection date a local authority have made a request to The Secretary of State for the supply of relevant particulars and

(b) those particulars have not been supplied before the date after which the authority would not be entitled to serve a penalty notice by virtue of paragraph 8(2)

the authority shall be entitled to serve a PCN for a period of 6 months beginning with the detection date.

The Bus Lane Contraventions Regs 2005 which state;

On the back

To whom it may concern:

As requested, I have attached photos of my vehicle's front,sides and back.

There's no crime reference number, I have spoken to the police and they have filed an Intelligence Report, the have advised to explain this to anyone asking for a crime reference number.

I have also submitted a report to the DVLA.
Should you require further information about the police report or DVLA, please contact the relevant body with my details and they will be able to assist you further.

Kind regards

Thank you so much for taking time to explain this.
I will contact the council and tell them to give me the status of my appeal and whether the Charge certificate has been cancelled or not.

I will make sure I do this by email so I got it in writing.

In the meantime, should I go ahead and appeal for the adjudication?

QUOTE

I will contact the council and tell them to give me the status of my appeal

What is the online status of your PCN - it will be under 'Pay my PCN' / 'View my PCN' or somesuch? Take a screenshot.

No need to ask the status of your appeal. You have not made one yet. You made representations and they were rejected, hence the letter entitled notice of rejection.

ALL YOU WANT FROM THE COUNCIL IS CONFIRMATION THE CC IS CANCELLED

John said status of PCN.
Checking out your concerns PMB.

What is frustrating is that they asked for photographic evidence and then they stated is not enough.

Dear Adjudicator,

I am making the following appeal for the Penalty Charge Notice *** for the vehicle with registration ***.

According to the PCN sent by the council, the contravention occurred 14th of August 2017 at 13:55 on Bridge street, Broadway, Bradford.

This appeal is on the grounds that the contravention did not occur and there are procedural issues with the Penalty Charge Notice.

The first notification I received from the council was a charge certificate dates as 19/09/2017, requesting an amount of £90.

The Charge Certificate stated that a Notice to Owner (NTO) was sent to me on the 18/08/2017 but I did not receive anything prior to the Charge Certificate.

Upon receiving the Charge Certificate, the first thing I did was to check the photographic evidence online as I did not remember ever being in Bradford on that day, let alone at that time.

Having assessed the evidence, what I realized that the vehicle looked exactly like mine and I was really shocked but when I looked carefully, I realized it wasn’t my car.
The reason I believe the vehicle wasn’t mine is because on the 14th of August(Monday) I was at work in Morley at the following postcode LS27 0WH, which is over 12 miles from the location where the contravention occurred and there’s no way I could not be in both places.

When I looked at the pictures carefully, I realized that the plate number on the car was placed on the front bumper whereas the plate number on my car is placed on the windscreen. (see pics)


Furthermore, if we carefully look at the plate number, one thing is clear, these are two distinct plate numbers. My vehicle plate number contains extra information on the side whereas the plate number shown by the council has just a white background.



I strongly believe someone has cloned my vehicles registration number and has been using it on a similar car and as soon as I received the Charge certificate from the council I decided to contact the police and the DVLA.

The police created an intelligence report and they said there’s no reference number for it but they requested me to notify the council and tell them that, should they need more information, they can contact the police to know whether I have submitted a report.
I did also contact the DVLA in regards to this matter and they told me that unfortunately they can’t do anything about this but they acknowledged my submission and put it on record and told me to notify the council about the submission.

In conclusion, I believe I did everything in my power to get to the bottom of this issue by:

Reporting this issue to the police
Reporting this issue to the DVLA
Explaining the situation to the Council
Sending them photographic evidence of my vehicle when the council requested them

Despite that, I asked the council to send me high quality video footage of the contravention as the one on their website was recorded in awful quality and my request was completely ignored.

I feel like the council has been totally uncooperative and made this situation even worse as I am now highly concerned about someone using a cloned vehicle registration number.

I will really appreciate the adjudicator to take these information in consideration and have the penalty charge notice cancelled.

Kind regards

I am sorry, I can understand that might sound inappropriate but it wasn't my intention.
The police didn't give me any reference number, neither did the DVLA and all they said was that should the council need more information about this issue they can contact the police and the police will be able to prove that I submitted a report.

Here's my appeal to the adjudicator:

the inclusion in brackets of the word (delivered). The postal service is not universally reliable and delivery could be 3,4 5 or even more days after the date of posting. This would not matter without this addition as without the ability to rebut service it would needs be accepted as two working days after posting. The inclusion of (delivered) removes that certainty, again leaving me in danger of submitting an appeal late.

I respectfully refer the adjudicator to the finding of Mr Justice Jackson in the high court neutral citation number [2006] EWHC 2357(admin) The queen on the application of London borough of Barnet council v the parking adjudicator

paragraph 39 (last sentence) “there must always be certainty of the date when the notice was issued and the dates when the various periods for payment expire.” also paragraphs 41, 43 to 46, available in the key cases files.

@PASTMYBEST what kind of other evidence should I be showing. In the appeal I am attaching some pics showing my plate number, how my car looks and how the registration number on the other car looks.
I have reported this to the police and I have a letter from the DVLA saying that they have acknowledged my report.
I don't see what else I can possibly show now.

I have reported the police, they haven't generated a reference number but said that they have submitted an intelligence report.

On the balance of probabilities, the appellant's vehicle may have been cloned.