Wait for the Enforcement Notice - just got 5 cancelled yesterday - and the legislation is the 1996 Act.
I am happy to do this one and stay the course with you all the way to the Tribunal. This is only half the story as they failed to attend and failed to consider, so we had better draft decent formal repsrenatations against the Enforcement Notice. Please do not pay it!
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2240132030
Appellant Carol Yang
Authority London Borough of Lambeth
VRM GV12 ODT
PCN Details
PCN LJ26391067
Contravention date 22 Nov 2023
Contravention time 17:07:00
Contravention location Lambeth Road
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date
Decision Date 01 May 2024
Adjudicator Philippa Alderson
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice/Enforcement Notice.
Reasons
The Appellant is appealing a Penalty Charge Notice issued in respect of being in a bus lane at the location.
The Appellant has attended today in person, together with her authorised representative, Mr Morgan.
The Enforcement Authority relies upon photographic capture of the incident, together with a copy of the PCN, a copy of the relevant legislation, correspondence and location photographs.
Mr Morgan has put forward comprehensive submissions on a number of matters.
I have carefully considered all the evidence in this matter.
The CCTV footage relied upon by the EA shows the vehicle driving along a bus lane at the location.
The Appellant has today shown me a Charge Certificate, issued on 29th April 2024, in respect of this matter. The issue of this Certificate two days ago amounts to procedural impropriety on the part of the EA.
In light of this, I need not make any further findings in respect of this case. However, I note that the Enforcement Notice, dated 8th January 2024, gives conflicting information to the Appellant, in that it states that the penalty must be paid "before the end of the period of 28 days beginning with the date of the Notice" but goes on to state that, "If you fail to pay the Penalty Charge or to make representations before the end of the period of 28 days beginning with the date of service of this notice, a charge certificate may to be issued .."(my italics). I find that this Notice is not therefore statutorily compliant.
I therefore allow this appeal.