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nashb
Hello Ladies and Gents,

Really impressed with the work you lot are doing up here and I'm in real need of some of your urgent help please? I received this PCN which I am also running a little late to deal with partly due to some personal problems (wife recently had a stroke) and partly due to the fact that I simply don't know how to deal with it. The council's picture evidence clearly showed I contravened but quite honestly, I have vague recollection of it as I was under severe stress on the day. What I do remember however is that I needed to take the next left, but I might have been in the Lane a little too early. Based on the picture evidence alone, may be I am bang to rights. However I was hoping that there are some non compliant issues with the pcn regarding the wordings surrounding the paying or making the representations before the end of the 28 day period of the PCN. Also with regards to the viewing of the video footage, am I right to believe that they should stipulate the location of my choice instead of what's currently in the PCN please?

The Enforcement Notice also came with a £130 charge without the discounted amount of £65. Is this normal??

Would highly appreciate your input on this please...

Many thanks in advance
NashB
Incandescent
You haven't told us the PCN date, or posted it the front of it, but from the photos you look to be bang-to-rights, you drove in the bus-lane for about 25 yards on my estimation, way over any de minimis limit.

Your tardiness in dealing with the PCN means you didn't pay or appeal within the discount period, so they have now issued the Enforcement Notice and the discount is no longer available. You can appeal the notice, and if they reject you, you can then, at no extra cost, appeal to PATAS.

The points you make about appeal periods, and viewing location are now considered not to be compelling enough at PATAS after a recent panel decision.

However, wait and see what others say before coughing up the money.
nashb
Hi Nice People,

Can someone in the know advise me on the compliant/non-compliant issue of the PCN in question please. Thank you. The more thread am reading the more confused I'm getting unfortunately, especially regarding the 28 day rule ie date of notice being served and date of notice.
Also they mentioned that if they accept my representations they "will cancel the Enforcement Notice and if appropriate the PCN". But I never received the PCN! sad.gif
I have the feeling that they also don't know what they're doing and it only raises more confusion to motorists?

Thank you very much in advance for looking into this for me guys.

p.s. I'm diabetic and suffer from anxiety (not that it is relevant to this alleged contravention) but issues like this really get me worried. sad.gif

QUOTE (Incandescent @ Sun, 23 Nov 2014 - 12:04) *
You haven't told us the PCN date, or posted it the front of it, but from the photos you look to be bang-to-rights, you drove in the bus-lane for about 25 yards on my estimation, way over any de minimis limit.

Your tardiness in dealing with the PCN means you didn't pay or appeal within the discount period, so they have now issued the Enforcement Notice and the discount is no longer available. You can appeal the notice, and if they reject you, you can then, at no extra cost, appeal to PATAS.

The points you make about appeal periods, and viewing location are now considered not to be compelling enough at PATAS after a recent panel decision.

However, wait and see what others say before coughing up the money.


Hello Incandescent,

thank you for your input. Date of Enforcement Notice is 31/10/2014 and PCN date as on page 1 of the EN is 13/09/2014 at 13:33. As mentioned, I never received the PCN in the first place. Even the Enforcement Notice envelope was "crossed out" when I received it. I suspect it was delivered to a neighbour who dropped it through my letter box. Now that might have been the case for the initial PCN as well...
thanks
nashb
All,

I spoke with the council yesterday informing them I didn't receive the initial PCN and they have temporarily reset the clock back to the discounted amount of £65 but they have given me 48 hours (as of yesterday) to settle it. Prior to making any decision I wanted to get your thoughts/advice please?

thanks
N
Incandescent
I don't think you would win at PATAS on technical grounds, and the contravention seems well established, so if it were me, I'd pay-up, and put it down to a (hard) learning opportunity. Of course, bus lane law is in serious need of reform, because whilst London councils enforce them ruthlessly, I have yet to see a video or photos showing a bus in the bus lane behind the errant car being obstructed !
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