jockblue
Wed, 7 May 2008 - 09:28
Hope someone can help. A colleague at work has received two PCNs from Manchester City Council - both for driving in a bus lane. She drives a company vehicle, and the PCN has been addressed to the company. The two PCNs are dated 30th April 2008 and 1st May 2008. They both claim in a box underneath that a previous PCN had been cancelled on 29th April 2008 and 30th April 2008 respectively.
However, the alleged bus lane contraventions took place on 3rd April 2007 and 11th April 2007 respectively, so nearly 13 months before the PCN is dated. The young herbert on the "help" line claimed they had sent numerous letters relating to this to the car leasing company and our company....clearly they must have contacted the lease company to get our company's name, but we certainly have had no correspondance in relation to this whatsoever. Is there any justification in issuing a PCN 13 months late....
The legal gubbins are...
Bus Lane Penalty Charge Notice
Transport Act 2000
Bus Lane Contrventions (penalty Charges, Adjudiction and Enforcement)(England) Regulations 2005
..and as I say, it's Manchester City Council that have issued this PCN.
Any help would be most appreciated....
Cheers
jb
Glacier2
Wed, 7 May 2008 - 09:57
A scan of the PCN front and back would be appreciated.
I didn't think councils outside of London could enforce moving violations prior to 31-03-08?
jockblue
Wed, 7 May 2008 - 10:55
Sorry - newbie here! How do I post attachments?
bama
Wed, 7 May 2008 - 11:25
Teufel
Wed, 7 May 2008 - 12:28
i am pretty sure that a pcn after 6 months is invalid
it is in the regs for london and may be in these
longer than this is unfair
see patas davies v kensington
the council may claim that longer is required as another paryty has obstructed the process
(if you obstructed then longer for coucil would be fair) but i would disagree
it is still unfair - if the obstrucor is in error than thye shoudl (and can be ) penalised
jockblue
Wed, 7 May 2008 - 14:22
Quick update - I'll try and attach the sheet tonight. The lease company complied with the requests within 3 days of receiving them, and so returned them both by mid-April 2007. The next contact from the council was on 1st Feb 2008 with a notice of non-payment - they again sent the contact information back. So, it's taken the council 10 months to reply to the first info, and then a further 3 months the next time around.....
It sounds like they've got a backlog and are trying it on to me......
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