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restabam
I have received a PCN from the local council (Havering) because my wife stopped briefly in a bus lay-by to drop me off in town and was caught by a smart car CCTV just before she drove off.



I have two questions: is there a minimum “grace period” for dropping passengers off - the video lasts for just 9 seconds and £60 for this seems a bit steep.



Second, I have read a number of threads on the forum suggesting that a PCN may be invalid if it refers to the (full) penalty charge being payable “not later than the last day of the period of 28 days beginning with the date on which this penalty charge notice is served”, as opposed to the penalty charge being payable “before the end of the period of 28 days beginning with the date of the notice”.



The PCN is issued under the TMA 2004 and refers to Contravention Code 47 “Stopped on a restricted bus stop or stand”.



Can anyone advise on these points?

dave-o
Your appeal would be under "boarding/alighting". However, i believe most but stops are marked "no stopping" (the blue sign with red circle and X). It may be worth checking that this sign is present at the bus stop.

I believe that the wording is correct. Someone please correct me if i'm wrong.
Teufel
wording is correct

the alighting exemption is not normally availiable on a bus stop
restabam
I looked further into the question of what constitutes boarding/alighting and found a copy of the London Borough of Havering’s Code of Practice for the Operation of CCTV Enforcement Cameras on their website.



Section 2.4.12 states:



All PCNs are to be issued within 14 days of the contravention and should be sent by first class post. The PCN is deemed to have been served when it would be delivered in the ordinary course of post.



I notice that my PCN has the date of contravention as being 30/04/09 and the date of the notice as 15 May 09, being received by me on 16 May.



This looks like a result for me, yes?

dave-o
In theory, yes.

They may well try and say that the delay was due to their DVLA information request taking too long. They will say this gives them a get-out clause.

You will then need to find out whether this is true.
restabam
Wow, dave-o, that was quick!

Sorry to be dim but how can I establish whether their "explanation"/"excuse" is valid - is there likely to be case law on the subject?

Regards,
dave-o
Well i have seen Islington claim this on a number of late PCNs. IIRC NeilB phoned them up and put them on the spot about it.

I would make an informal appeal about these dates, and see what they come up with. If they are going to claim that it's DVLA's fault you can fill out the DVLA form (V888 or something?) that will state when the information was requested.
Neil B
erm How is 16 days out of time? They have 28.
bama
correct. 28.
restabam
Neil B,

so are you saying that they are not necessarily bound by their own Code of Practice?

(And isn't 2 weeks the statutory limit for sending out notices about speeding offences - or is that governed by a different law?)
bama
statute is what counts - local policy carries no weight.
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