Hi All
For Mad Mick V can I use this?
Thanks
Dear Sir/Madam
PCN Number - to be inserted
I am challenging the PCN under –
7. That the Enforcement Authority did not follow correct procedure in issuing the PCN
8. That the Traffic Regulation Order under which the PCN was issues was invalid
I feel aggrieved to have had the issuing of a PCN for entering of a Bus Lane in Custom House Street Cardiff on the 14/12/2015
In respect to the road, the markings/signs showing the bus lane these are minimal to say the least. The signage is insufficient to convey the restriction on St Mary’s Street Cardiff.
The directional sign on St Mary’s Street is angled away from the driver and is quite wordy so can easily be missed, then once the turn is made you are committed ,before you see the bus lane signs.
I unintentionally entered the Bus Lane, after turning right and I had no other option but to continue on the road, due to the driving conditions were both wet and visibility was not great, with also having, another car behind me so could not stop and either reverse out of the road.
I would also like to highlight the PCN to be defective under the following –
• Informs the payee of incorrect timescales for payment
• Informs the payee of incorrect to make representations
http://www.legislation.gov.uk/wsi/2014/2725/note/madeThat designation is made under Part 6 of the TMA 2004.
Both the following Regulations are made under the TMA 2004:-
The Civil Enforcement of Road Traffic Contraventions (General Provisions) (Wales) Regulations 2013---(i.e General Provisions)
The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 --(i.e. Appeal Regs)
“A penalty charge notice must be in the form set out in Schedule 2 to these regulations or a form to the like effect,provided that it contains all of the prescribed particulars as set out in Schedule 1 to these regulations and regulation 3 of the Representations and Appeals Regulations”.
Any PCN issued by the Council, as above, must comply with Sch 1 of the General Provisions and Reg 3 of the Appeal Regs. That’s all the law requires. Sch 2 cannot take precedence or trump 8(2).
So if we limit ourselves to that consideration and what the PCNs state, here’s the bullet points again in terms of 8(2) requirements (the subtitle is what the PCNs say) :-
(1) PCN Payable within 28 days of issue
Sch 1 (2)(d)------- that the penalty charge must be paid within the period of 28 days beginning with the date on which the penalty charge notice is served; Ergo the payee has been prejudiced because his time to pay is truncated.
(2) Increase of penalty charge within 28 days of date of issue
Sch 1(f) that if after the last day of the period referred to in sub-paragraph (d) (i.e. 28 days beginning with the date on which the penalty charge notice is served
(i) no representations have been made in accordance with regulation 4 of the Representations and Appeals Regulations; and
(ii) the penalty charge has not been paid,
the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased;
The payee is prejudiced by a truncated timescale.
4. Will increase penalty charge
Sch 1 2(f)(ii) the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased;
The legislation does not impose a mandatory obligation on the Authority to serve a Charge Certificate where the Penalty Charge Notice remains unpaid and an appeal is not submitted. This is therefore a procedural impropriety.
5. Challenge within 28 days of date of notice
The correct period for reps, per 3 (4)(a) of the Appeal Regs, is 28 days beginning with the date on which the penalty charge notice is served. Again the payee faces a truncated timescale which is prejudicial.
I look forward to hearing back from you