Author Topic: Enfield Council PCN - Being In A Bus Lane - Bullsmoor Lane  (Read 37 times)

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https://drive.google.com/file/d/1ZkKoRC8v8-zoiLIOdq1N0146A-HXM3_a/view?usp=drivesdk

I did find a previous post about this one but a lot of the comments were Imgur images I couldn't see.

But I have a specific question about this. The PCN is issued under the London Local Authorities Act 1996 (as amended) and the statutory requirements in that legislation include mandatory information to be included on the Notice.

I may be mistaken, but they seem to have gotten this wrong, much like they did in this previous case of mine for a Bus Gate contravention PCN which was issued under London Local Authorities and Transport for London Act 2003 - https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/enfield-council-contravention-33g-using-a-route-restricted-to-certain-vehicles-l/

They seem to be attempting to mix and match the mandatory information regarding Payment and the mandatory information regarding the rights to appeal.

This latest notice seems to suggest I can only appeal after the 28 days for payment has elapsed and they send out an Enforcement Notice which I can appeal.

It says "If the Penalty Charge is not paid before the end of t the 28 day period, an Enforcement Notice may be served
by the council on the person appearing to be the owner of the vehicle. The Enforcement Notice will allow
formal representations on the following grounds:


That the recipient was not the owner at the time
That there was no contravention
That the vehicle was being used without the owner's consent"


Do I have the right to appeal this notice issued under London Local Authorities Act 1996 (as amended) or not? I believe Schedule 1 of the Act says I have the right to appeal this specific Notice. But the Council's wording just seems wrong.

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Re: Enfield Council PCN - Being In A Bus Lane - Bullsmoor Lane
« Reply #1 on: »
If you want to take them to London Tribunals to appeal the matter, then you have to wait for the Enforcement Notice, appeal that and be rejected, then you can register an appeal at LT.

I suggest you "mug-up" on the LLA Act 1996, in the parts relating to bus lanes and especially Schedule 1 which deals with Enforcement Notices.

https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted

Read especially, the paragraph headed Admissibility of certain evidence in the section 7 (1) et seq,