3. Bus Lane - Derby City Council - Corporation Street
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #15 on: »
what do you think about their claim that "the legislation on the Notice to Owner is correct." ?
do they push the envelope?
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #16 on: »
Two things, (1) it is not a Notice to Owner, it is a Penalty Charge Notice, and (2) whilst the legislation on Page 1 is correct, the legislation on the form for submitting reps is totally wrong, and also omits some of the statutory grounds for appeals, (as I said in my previous post).

Letters like their's shows the woeful ignorance of the law of the staff in their enforcement office.
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #17 on: »
Thank you

I don't remember this process to be so confusing but at Derby Council
Quote
The registered keeper has the right to take their case to the Independent Adjudicator,
but that they are obliged to follow the national appeals process and will need to submit
formal representations with their mitigation to the Council first to be considered if they
wish to appeal the Penalty Charge Notice. However, we cannot consider any mitigation if
the registered keeper fails to provide any.

Now I need to make formal representation but the Webcode is nowhere to be found.
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #18 on: »
The bovine stupidity of Derby Council continues ! One has to wonder at where they get the staff, including the head of the department !!!

As a bus lane PCN under the Traffic Management Act 2004, served by post to the registered keeper, there is only one opportunity to submit representations. Once those have been rejected the next stage is adjudication.

So as you have had your representations rejected, the next stage is to register an appeal with the Traffic Penalty Tribunal, (or cough-up, of course).
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #19 on: »
Ok, I wait for NoR to arrive then.
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #20 on: »
Quote from: JohnBravo on December 18, 2024, 01:54:14 am
Ok, I wait for NoR to arrive then.
No.
They are being so stupid, you need to contact them to ask them what is going on. There is only one opportunity to submit reps with postal PCNs. However, it might be prudent to submit your reps again and also add a question as to why they are not following the process defined in the regulations. What they seem to have done is confuse the bus lane enforcement process with that for parking, which involves a PCN served at the road side by a Civil Enforcement Officer, (CEO), then service of a Notice to Owner.  With bus lane PCNs, there is obviously no PCN served at the roadside, only a postal PCN sent to the registered keeper. After that the next stage is adjudication.

I don't think I've ever seen such incompetence and stupidity before like this council. And we wonder why the country is in such a mess !
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #21 on: »
ok, I sent them an email.

These are the awards they won:
« Last Edit: December 18, 2024, 03:04:37 pm by JohnBravo »
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #22 on: »
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #23 on: »
Another fine here for Corporation St, Derby from the Derby Council visitor reduction officers. 

There appear to be blue signs but not sure Bus Gate means.  As previous poster says, you have to go right up to the street on the roundabout before seeing the signs. 

Money trap....nothing else.   

 



Cheerz

Al
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Re: Bus Lane - Derby City Council - Corporation Street
« Reply #24 on: »
Quote
The Traffic Management Act 2004 – S78; Traffic Management Act 2004, S82; The
Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging
Guidelines and General Provisions) (England) Regulations 2022; The Civil
Enforcement of Road Traffic Contraventions (Representations and Appeals)
(England) Regulations 2022
Notice of Acceptance of Representations
PENALTY CHARGE NOTICE NUMBER: DRXXXXXXX
DATE OF ISSUE: XX October 2024
VEHICLE REGISTRATION NUMBER: XXXXXXXXX
LOCATION OF CONTRAVENTION: Corporation Street
Thank you for your enquiry, which was received on XX December 2024 in respect of the
above Penalty Charge Notice.
I have given due consideration to the information you have provided. As a result, I can
confirm that the above Penalty Charge Notice has been cancelled, and you may now
consider that this matter is closed. Naturally, it is expected that you do not contravene
this restriction again.
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  3. Bus Lane - Derby City Council - Corporation Street