3. Birmingham PCN bus lane 34
« previous next »
Pages: [1]

Author Topic: Birmingham PCN bus lane 34  (Read 403 times)

0 Members and 212 Guests are viewing this topic.

Birmingham PCN bus lane 34
« on: »
Here is the link to the PCN front and back
 
 

any obvious errors (apart from driving in a bus lane).

This is a google map link from March 2021
https://www.google.co.uk/maps/@52.4786705,-1.8933818,3a,75y,345.54h,78.34t/data=!3m6!1e1!3m4!1sw4PDonMtJDOLPT6Qq5cqhg!2e0!7i16384!8i8192?coh=205409&entry=ttu

Thank you
Logged

Share on Bluesky Share on Facebook

Re: Birmingham PCN bus lane 34
« Reply #1 on: »
The PCN appears to be missing this statutory information:
(3) The recipient (“R”) of an approved device notice may, by notice in writing, request that the enforcement authority—
provides R, free of charge, with such still images from that record as, in the authority’s opinion, establish the alleged relevant road traffic contravention.

Also appears to be missing these 3 statutory grounds of appeal.

(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

(i)the enforcement notice should not have been served because—

(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of Schedule 3 to the 2022 General Regulations.
« Last Edit: July 12, 2024, 08:06:42 pm by Phantomcrusader »
Logged
Re: Birmingham PCN bus lane 34
« Reply #2 on: »
Quote
(i)the enforcement notice should not have been served because—

(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of Schedule 3 to the 2022 General Regulations.
This is the penalty charge, there being no separate enforcement notice like there is in London. SO how the recipient could have paid the penalty charge before receipt of the PCN is a puzzle.
Logged
Re: Birmingham PCN bus lane 34
« Reply #3 on: »
I agree Incandescent but the regs under 4(b) advise that the grounds listed under reg 5(4) apply to enforcement notices (reg 10 PCN's). I assume it's a drafting error but until it's amended we may as well exploit it if possible.
Logged
Re: Birmingham PCN bus lane 34
« Reply #4 on: »
A] re: The recipient (“R”) of an approved device notice may, by notice in writing, request that the enforcement authority—
provides R, free of charge, with such still images from that record as, in the authority’s opinion, establish the alleged relevant road traffic contravention.

Does item 6 under Do not ignore this notice cover this point as it explains how to view the video? Although it doesn't explicitly say whether the address should be the addresses that appear elsewhere on the notice.


B]  Happy to challenge this missing element but does it usually appear on PCNs? (g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

C] Is this a regulation 9  or 10 notice? should it explicitly state that

in the replies Phantomcrusader suggested to challenge because it doesn't include the grounds that (i)the enforcement notice should not have been served because—

(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of Schedule 3 to the 2022 General Regulations.


However the regs say Notice to Owner and I received a PCN so surely the above grounds do not apply.


Logged
Re: Birmingham PCN bus lane 34
« Reply #5 on: »
The deadline for the reduced amount is closing in.

any final thoughts before I submit my appeal?
Logged
Re: Birmingham PCN bus lane 34
« Reply #6 on: »
My challenge was rejected. I challenged that it was missing statutory grounds

(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

The council say this only relates to parking . Is that correct

I also put in mitigation that all the road changes, temp road works meant I had spent a very long time driving around trying to get to a hotel to deliver a hospital bed (personal use,). It really was a nightmare.

Council response below.
https://imgur.com/a/L1z69o1.

I am looking to formulate an appeal as the discount has already been lost. I miscalculated the days.
Logged
Re: Birmingham PCN bus lane 34
« Reply #7 on: »
I have lodges the appeal. Need to finalise the information I send them. Any final thoughts on the council response or any other lines of appeal?
Logged
Re: Birmingham PCN bus lane 34
« Reply #8 on: »
The council have issued the camera approval letter from 2013 - should approval not be renewed periodically?

Logged
Pages: [1]
« previous next »
  3. Birmingham PCN bus lane 34