Author Topic: Bailff - NewlynPLC - PCN:GR21867158 - Stopped in a restricted bus stop. Woolwich - DOI: 25/05/2023  (Read 188 times)

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Hi,

I wonder if you guys could help me out with a bit of advice. I think I have put all relevant details below.

Bailiff: NewlynPLC
Case ID:9865666
Council: R B of Greenwich
PCN:GR21867158
Contravention date: 25/05/2023
Location: Woolwich
Contravention details: Stopped on a restricted bus stop or stand
Google maps location: https://maps.app.goo.gl/vLbQCXpxzLHsMoux7

Notice of enforcement letter:
https://imgpile.com/m/ZreWH8h
https://imgpile.com/m/fknOiZv

Council Evidence:
https://imgpile.com/m/tU6QEvX
https://imgpile.com/m/Nsl9Ge2
https://imgpile.com/m/lckU6Tp


I have just received a Notice of enforcement from the Bailiff's. This is in relation to an incident on 25/05/2023 when my vehicle was stopped briefly in a bus stop to let out a passenger who was on crutches and so needed to be dropped as close as possible (only remembered by looking at IMGS).

This is the first correspondence i have received on the matter, and it is an incident that happened nearly 3 years ago. I have not changed address, and I have not received any previous letters about it.

After checking the council website, I can confirm that it was my vehicle dropping off a passenger in the bus stop, however I do not believe there is adequate signage or markings to make you aware there is a bus camera.

I wonder if you can provide me with some advice on the matter. It feels wrong to not have been sent anything, on a matter that is almost 3 years old. I am happy to pay it if you think that is best option, but are there options to pay the fine amount, rather than the bailiff amount?


Many thanks
« Last Edit: Yesterday at 10:21:27 pm by BpW77 »

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As you have not rceived any of the statutor enforcement documents, the most likely cause is the name and address on your V5C Registration Certificate for the vehicle was not up-to-date when the offence occurred, or you moved shortly after the offence date, but forgot to update your V5C prompty. Is your V5C up-to-date even now ?

Their letter indicates that you are at the compliance stage under the legislation governing bailiff actions. This means the PCN debt, plus a statutory amount of £75 is demanded by the bailiffs. If there is no payment, the bailiffs can attend your premises and charge a visit fee of £235.

So as you are at this fairly low cost stage, we recommend you pay the amount.  There is only one avenue available to you to get the matter reverted to the original PCN stage, and that is to submit an Out-of-Time Witness Statement to the Traffic Enforcement Centre stating that you did not receive the PCN. However, you must also say why, and failure to update one's V5C is not a sufficient reason for TEC to cancel the PCN.

So apart from paying to stop further bailiff action, which could involve seizure of your car, I suggest you take a close look at your V5C and check the address on it. This assumes you are the owner.
Only if you can get the matter reverted, can you appeal the PCN or pay it at the discounted rate. If your submission succeeds, you'll get back the bailiff fees and the surcharges added to the PCN.

For information, you have failed to receive the following statutory enforcement documents: -

- PCN (post for a bus stop offence)
- Charge Certificate (adds 50% to PCN penalty)
- Order for Recovery (adds £10 being the TEC registration fee)

I wonder if the council has any other photgraphic evidence, they need to produce a photo of the yellow sing that must be at the bus stop saying No Stopping except buses. There's been quite a few cases won on that point.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

I wonder if the council has any other photgraphic evidence, they need to produce a photo of the yellow sing that must be at the bus stop saying No Stopping except buses. There's been quite a few cases won on that point.
Evidence for the alleged contravention is irrelevant at this stage, because the stage at which one can appeal is long past. Of course if the OP submits an Out-of-Time Witness Statement that is accepted then, yes, the PCN can be appealed.

We need to know the legislation under which the PCN was served. If it was for stopping in a restricted bus stop, then it should be the Traffic Management Act 2004.