Author Topic: Enfield Council PCN - Being In A Bus Lane - Bullsmoor Lane  (Read 1005 times)

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Enfield Council PCN - Being In A Bus Lane - Bullsmoor Lane
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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,

Re: Enfield Council PCN - Being In A Bus Lane - Bullsmoor Lane
« Reply #2 on: »
Impossible to advise as no details re VRM and PCN no. The PCN is correct.
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

Re: Enfield Council PCN - Being In A Bus Lane - Bullsmoor Lane
« Reply #3 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,

Yeah, I spoke to the driver and he agreed to pay this one. He had no reason to be in the bus lane. It was really indefensible. I thought maybe the HGVs coming the opposite way (as seen in the video I cant share) were possibly encroaching on our vehicles side of the road as there is cars parked on the opposite side. But looking on GSV there is still plenty of room, and if our vehicle was giving them a wide birth, it was by all means, unnecessarily wide.

Whislt it's possible the video doesn't show the vehicle going past upright signage or some other failure in evidence of the contravention. But it was grasping at straws I think.

And I came to the conclusion the PCN itself was in check. I made the mistake of trusting the word of AI initially which sent me down a rabbit hole. Essentially the notice would not be compliant with the original 1996 order but is with the amended version. But damn AI is not just wrong, it is sooo convincingly wrong sometimes it's concerning. The ultimate propaganda machine.