3. Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
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Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
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Date of alleged contravention - 22/7/25 13:06


I am the registered keeper of the vehicle. I live in Scotland and I am aware of the no keeper liability. With the introduction of the Transport Scotland Bill does this still apply and if so can I ignore the letter?

I can add images depending on response to above.

Edit: the driver was on holiday and not familiar with roads in the area

Many thanks

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« Last Edit: August 03, 2025, 09:31:41 pm by Philljam712 »
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #1 on: »
I think the change in the bill concerns private land.

Most of the info concerning PCNs in England is about private PCNs.

Hopefully someone will know about civil PCNs.
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #2 on: »
If the PCN is for a contravention in England, then despite you living in Scotland, the English law applies so keeper liability therefore applies under the Traffic Management Act 2004 assuming your PCN is issued under this, (see y our PCN)

However, if it gets to bailiff action, assuming you ignore it, I'm not sure if English bailiffs can enforce the debt. Please wait until somebody more knowledgeable comes on. However, while you're waiting, please read this and update your thread accordingly : -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Personally, I think you'd be unwise to ignore it.
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #3 on: »
At the moment we don't know how much time you have left before the deadline for responding to Oxon CC as you've obscured the date on the PCN.

May I suggest you heed Incandescent's advice and add a further post to your thread, posting all sides of the PCN (in case there is anything in the 'small print') and redacting only yr name & address - leave all else in. Also post a GSV link to the location and any Council video or photos.

You could also write and post up for comment a draft representation, making it a polite plea for mitigation.
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #4 on: »
Hi

Attaching rest of pcn letter

Street view link here
https://maps.app.goo.gl/77Fk1aUfWFw8LMQX8

Mitigation would be -

The driver was on holiday and was passing through Oxford whilst driving from Glasgow to Torquay. He was unfamiliar with the roads layout and was momentarily distracted by kids in back seat spilling a carbonated drink. He did not notice the signs and accepts this was his fault. The driver would like to apologise for his poor driving and observational skills. He accepts blame but would really appreciate leniency in cancelling the PCN on this occasion.
Many thanks
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #5 on: »
GSV is sadly v.out of date :(

Did the driver turn left into James Street, and were there any advance warning signs?

I'll let the experts here scan the 'small print' for any errors. E.G. I'm not sure if this as a moving traffic PCN has to provide opportunities to view the video, but there appears to be none here. Sometimes mandatory info. is missing.

Wait for others to comment, but do not miss deadline to preserve discount. Most (but not all) Councils (if rejecting) re-offer the discount if reps are received by them in the discount period.
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #6 on: »
I need to pay up or appeal in next couple of days. Is anyone able to comment on my mitigation in previous post or offer any additional advice on how to proceed?

Many thanks
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #7 on: »
I'm a bit puzzled why the OP on a journey from Glasgow to Torquay went into the centre of Oxford when there is a perfectly good bypass, albeit heavily trafficked. Any chance of telling us why ? It's possible to work in things like unfamiliarity, and getting lost, into representations.
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #8 on: »
Hi

Yes - broke the journey by staying overnight at my sister’s in Oxford before doing the second leg to Torquay the next day
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #9 on: »
Well £35 makes it go away.

The signage looks very clear.

Try a polite ask for discretion as someone visiting someone overnight but you live in Scotland and not familiar with area.


« Last Edit: August 15, 2025, 10:55:02 pm by stamfordman »
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #10 on: »
There is an advance sign on the approach from Cowley Road: -
https://maps.app.goo.gl/uegENPecsKSLwvtT6
and then the signs, which are as clear as a bell, frankly : -
https://maps.app.goo.gl/7Zvo6TAjWsAiKgjo6

But what about warning before one turns into James Street ?Well, all there is, is this completely useless sign: -
https://maps.app.goo.gl/7Zvo6TAjWsAiKgjo6

It's difficult to say what is the best approach, (1) all humble, but live in Glasgow and last visited sister before the restriction was introduce. or (2) inadquate signage on the main road junction at Cowley Road.
They might concede on (1) but will never concede on (2) so you'd have to take them to the TPT, where the adjudicators can be somewhat robotic nowadays after the last Chief Adjudicator retired.
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #11 on: »
Update - wanted to appeal with polite representation as suggested above. Then read on Oxford Council website appeal form

“If you make your challenge within 14 days of the date when the notice was issued, you will typically have another chance to pay at the 50 per cent discounted rate if your challenge is rejected”

The above is not disclosed on the paper copy of PCN. In fact the paper copy states that

“Any representations are made against the £70 Penalty Charge”

I am now outside the 14 day period where I would still pay £35 if my appeal was rejected. However it seems unfair that they don’t mention keeping the discount only on the web form for appealing effectively discriminating against people who appeal via email or in writing ( both of which are options on the paper PCN)
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #12 on: »
The important thing is to submit your reps. When they reply they will probably re-offer the discount. If they don't then you take them all the way; why cough-up with no effort on their part ?
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #13 on: »
I received a reply via email today from Oxford Council rejecting my appeal against the above. I tried appealing to their “better nature” as recommended by member Incandescent I,e apologising for error sure to visiting the area etc. I have been re offered the discount of £35. live in Scotland so I know bailiffs have no authority here but could you advise on next steps? Thanks
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Re: Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford
« Reply #14 on: »
I enquired on the internet about collecting an English debt in Scotland and this is what came up. So it seems there is a process, but whether it is correct, I cannot tell you. No doubt a solicitor can, for a fee, so the discount of £35 looks best. However, the process looks costly for an English council to undertake, so they may well just give up.

Quote
Here are the steps to enforce an English debt in Scotland:

Obtain a Certificate of Money Provisions: The creditor must apply to the English court that granted the original judgment for a "Certificate of Money Provisions".

Register the Certificate in Scotland: The certificate must be registered in the Register of Judgments within the Books of Council and Session in Scotland.

Instruct a Sheriff Officer: The creditor then instructs a Sheriff Officer (Scotland's equivalent to a bailiff) to take action to recover the debt.

Important Considerations:
 -Time Limit: There is a six-month time limit for registering the certificate in Scotland.
- Fees: Fees are payable to the Scottish Courts and Tribunals Service to process the application and registration.
- Affidavit: An affidavit, or sworn statement, may be required, potentially requiring a Notary Public.
- Legal Advice: It is advisable to seek legal advice from a Scottish solicitor to guide you through the process.
-No Direct Bailiff Action: Bailiffs from England or Wales have no power to enforce debts in Scotland, so the       process must go through the Scottish court system.
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  3. Oxfordshire County Council-52j Failing to comply with prohibition on certain types of vehicle James St, Oxford