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We've seen this one before !  Looking at GSV, there have been a few minor signage changes, but where you got the idea of it needing red tarmac, I don't know ! There's nothing like that in the regulations.

If you do a search of the London Tribunals statutory register on Mitchell Way from 1st Jan 2021, there have been 21 adjudications, most of them unsuccessful. There was an issue with camera approvals until quite recently but I think that has now been dealt with. I'm afraid the likelihood of a successful appeal is low, in my opinion.

thanks incas.

Anything about the 1st missing letter. Should I had been given a chance to pay the pcn for £65 and not rigth away the humungous £130?

Yes, submit representations stating you found the layout and signage confusing, but was surprised to not receive the original PCN, so have been denied the opportunity to pay at the discounted rate. Request that they re-offer it.

Quote from: concoj on December 22, 2023, 03:07:41 pm

thanks incas.

Anything about the 1st missing letter. Should I had been given a chance to pay the pcn for £65 and not rigth away the humungous £130?

No PCNs?

OP seems to have only received the Enforcement Notice, and he posted this.

I see only page 1.

Ah, right !

OP, can you please post-up all sides of the Enforcement Notice

The last ground clearly fetters/limits to theft.

I further bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances.

If you want me to be really pedantic, you could also add that the Enforcement Notice does not include the ground that the Police are taking action;  but, the legislation is an ass as this ground is not mandated to appear on either the PCN or EN.

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

Submit again your original challenge and my advice above re the taken without consent ground.  6th January is the absolute deadline.


I further bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances.

Also, I would make an immediate FOIR to Bromley for the name and model of the camera used to capture images at this very bus lane.

Cavide.James@bromley.gov.uk

Dear C. James

Please may I have replies to the following:

1.  The name and make and model of the camera used to capture bus lane contraventions at Mitchell Way?

Thank you.

Yours sincerely

Name

Address

Then get on with it.