3. 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
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34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
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Identical to the member earlier. Visiting Leeds and not knowing the area so following Sat Nav.
Penalty notice here:

Page 1
https://imgur.com/a/rcQJLaE

Page 2
https://imgur.com/a/5saQJ81

Page 3 Images here
https://imgur.com/a/CnhtB3M

I'd be very grateful for your help.

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« Last Edit: July 12, 2023, 10:55:59 pm by John G »
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #1 on: »
Please post all pages of the PCN in full, only your postal address needs to be hidden. The first thing we do with a Leeds PCN is check that the wording is complaint, but we need all the pages to do that.

In the meantime I'll see if there's a traffic order.
« Last Edit: July 12, 2023, 10:43:00 pm by cp8759 »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #2 on: »
Hi,
I've attached the 2 substantial pages of the PCN. The image of my Car is on the 3rd page...I'm hoping you can view via the link.

Thanks for your support
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #3 on: »
Here's a draft you can send:

Dear Leeds City Council,

I challenge liability for PCN LS86157143 on the basis of a procedural impropriety, specifically the ground at regulation 5(4)(g) of SI 576/2000 is missing from the Enforcement Notice. This is a procedural impropriety on the basis of which the penalty must be cancelled.

Yours faithfully,
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #4 on: »
Thank you.
I will email this letter today.
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #5 on: »
FYI
I've just sent the email.
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #6 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #7 on: »
I've not had a response yet.
Having read the newly added attachment 3 times am unsure what the relevant bit of this is.
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #8 on: »
Quote from: John G on July 28, 2023, 04:08:07 pm
I've not had a response yet.
Having read the newly added attachment 3 times am unsure what the relevant bit of this is.
Don't worry about it, we don't need to look into it until you get the response. If they accept the representation, or miss the 56 day deadline to respond, it won't matter anyway.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #9 on: »
Ok, many thanks again.
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #10 on: »
Hi I have just received their rejection letter by post.
They acknowledge my appeal letter (sent by email 13th July), but have stated 'of the 3rd August'. The rejection letter is dated 6th September but has arrived today 15th September.
They also state the 'date of service of this notice' is 12th September. I have 14 days to pay £35 or 28 days to pay £70
What should I do now?

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« Last Edit: September 15, 2023, 05:30:37 pm by John G »
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #11 on: »
I see they've batted-away your reps based on missing out one of the statutory grounds. So they did actually read your reps !
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #12 on: »
Yes. And the clock is ticking. The letter did show a number of photos of signs and markings from 2022. Is their rejection the end of this?
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Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #13 on: »
You've got a winning appeal!

If you sent reps on 13 July (which you can easily prove if it was by email) then the 56th day from that date is 7 September according to https://www.timeanddate.com/date/dateadd.html:



The Notice of Rejection is dated 6 September, so the legally presumed date of service (absent evidence to the contrary) is 8 September, one day out of time. The council contains the date of service is 12 September, and you say it was the 15th. No matter which date you use, they've missed the 56 day deadline which makes it an open-and-shut case.

Would you like me to represent you at the tribunal? If so, drop me a PM please.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
« Reply #14 on: »
PM sent
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