Help - Search - Members - Calendar
Full Version: Bus Lane Contravention - Sent 8 weeks after the offence
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
qwertyuser1
Can anyone help me on this.

I've been sent a PCN for driving in a bus lane by Reading Borough Council on 08/09/2006. I received the PCN on 03/11/2006 (7-8 weeks later)

Does the 14 day rule apply for PCNs?

All comments much appreciated!
Silver City Tim
When was the date of issue, that's the significant date? If it was the date you commited the offence then you could argue prejudice as it would have been impossible to pay in time. If the date of issue was a couple of days before it was posted, I'm guessing you should be able to find something about getting the discounted fine if you pay withing 14 days of date of issue.
qwertyuser1
Sorry, I didn't word that very well.

What I meant to say was: With regard to a Penalty Charge Notice do they have to send the PCN to me within 14 days of the offence for the PCN to be valid?

Can I use the fact that it was sent to me 8 weeks after the offence to get off the charge?
Teufel
it varies depending on the contravention and regs

eg

they have 28 days from date of contravention to send a bus lane parking pcn

london local authorities act 1996

sec II
4 (3) A participating council may not serve a penalty charge notice under this section after the expiry of the period of 28 days beginning with the date on which the penalty charge allegedly became payable.

http://www.opsi.gov.uk/acts/locact00/20000007.htm

for a moving traffic violation in a bus lane the regualations have no limit

london local authorities act 2000

part II
4.—(1) Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle

http://www.opsi.gov.uk/acts/locact00/20000007.htm

howver i would suggest longer than 6 months is unfair
following patas davies v kensington



so what regulations are on your PCN ?
whitewing
Even if this particular contravention has no limit, the fact that other essentially similar ones do would be a reasonable argument that significantly longer is unreasonable, and could be grounds for appeal to PATAS.
qwertyuser1
Unsurprisingly there are no terms and conditions on the PCN. I've tried Google but nothing comes up.

I think I'll write and ask for clarification on the regs. and see where that gets me.

Thanks all for your help.

Any further help much appreciated!!
Teufel
the pcn should quote the regulations under which it was issued

if not it is invalid (echr art 6)
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.