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mercedes5
Can anyone help?

I have until the weekend to pay 50% or wait until NTO.

I am prepared to go all the way to PTAS if necessary, as I have won 2 cases recently (and even got offered a job there in admin!!!!!)

Can anyone notice any mistakes on the PCN below?. ( Is the wording re the 14 days correct - should it state it was "served"?)

Thank you
x




Teufel
presumably it was served by post

when was it posted ?
1st 2nd class ?

notice is served when it should have in the normal course of postage (not did) arrive ?

so the 28 days to pay or make reps should run from the day of notice
plus at least 1 or 2 days depending on postage class

thus, based on the moses adjudication and appeal could well
make this invalid - the specifc issue of PCNs by post has not been adjudicated upon (anyone know ?)

probably worth gambling the 50% reduction on this


NB if it was delayed further by post etc it would not be invalid
but you could claim unfairness (as in PATAS Davies v ?)
Silver City Tim
London Local Authorities Act 1996

Found it.

Part II Bus Lanes
Para 3
(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

http://www.opsi.gov.uk/ACTS/locact96/Ukla_..._en_3.htm#mdiv4

I can only see the date of issue printed on the PCN. I don't know if there is a legal diference between "Date of the notice," as stated in the Act; "Date of this notice" as it is printed in the middle section and "Date of notice" which would be when you recieved it. I would have taken the latter to mean the date of issue as typed at the top. This all constitutes confusion and that may be enough to constitue prejudice.
BikerPaul
QUOTE (mercedes5 @ Tue, 8 Aug 2006 - 11:54) *
Can anyone help?

I have until the weekend to pay 50% or wait until NTO.

I am prepared to go all the way to PTAS if necessary, as I have won 2 cases recently (and even got offered a job there in admin!!!!!)

Can anyone notice any mistakes on the PCN below?. ( Is the wording re the 14 days correct - should it state it was "served"?)

Thank you
x


I can't see the bus lane you are alleged to be in, and there's a lot of vehicles in the same lane.

Church Road, UB5 is over 2km long, and has bus lanes in both directions on the southern part of the road.

Do they mean Church Road, Northolt UB5, or Church Road, Greenford UB5?

I would suggest the PCN is vague, as it doesn't tell you which direction, nor tell you what bus lane order you are breaching.

It's highly likely that the bus lane order is timed, as many in London are, and without that knowledge the CCTV operator is no better off than you in knowing if it's being breached.

I'd contest it on the basis that the contravention did not occur.
peterb
QUOTE (BikerPaul @ Tue, 8 Aug 2006 - 15:14) *
Church Road, UB5 is over 2km long, and has bus lanes in both directions on the southern part of the road.

Do they mean Church Road, Northolt UB5, or Church Road, Greenford UB5?

I would suggest the PCN is vague, as it doesn't tell you which direction, nor tell you what bus lane order you are breaching.

It's highly likely that the bus lane order is timed, as many in London are, and without that knowledge the CCTV operator is no better off than you in knowing if it's being breached.

The CCTV operators know which Bus Lanes are in operation & will have system to monitor.
Once operator spots vehicle in Bus Lane he has to zoom in to get registration.

I have viewed 2 videos of Bus Lane offences, one with TFL & one with London council
& seen how the CCTV operator saw my car & reacted to zoom in
-I appealed both successfully.

Another recent Red Route PCN I received from TFL had my location & camera location specified
by shop address number eg. "O/S 200-206".

So worth appealing on vague locus/not specific enough if appropriate.

The main thing to remember is first appeals are routinely rejected
& you need to wear them down.

peterb
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