3. Enforcement notice from Barking and Dagenham
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Enforcement notice from Barking and Dagenham
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Hello all,

I've received this postal enforcement notice dated 02.11.23 for 34j code being in a bus lane.

Trouble is I've never been sent the original postal ticket which would have allowed me to name the driver or pay half the £130 that they are demanding.

Are there any steps I can to get this reset? I've never been sent the original notice so how can they say I've ignored or not responded?

Any help is appreciated particularly on my next steps. Have to respond within 28 days.

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Re: Enforcement notice from Barking and Dagenham
« Reply #1 on: »
If you read the EN, you'll see you have two options, (1) pay-up. or (2) submit representations.
So all you have to do now is submit reps stating you never received the original PCN and therefore have been denied the option of paying the discount, and ask them to reinstate it.

HOwever, if you want help to possibly get the PCN cancelled, hold off from submitting reps until we've given advice. You therefore need to unblank the EN you've posted. Only blank out name and address. Of course there may be no possibility of an appeal but at least you'll know you haven't paid £130 needlessly.
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Re: Enforcement notice from Barking and Dagenham
« Reply #2 on: »
Thanks for your response. I've attached an amended copy of the notice. Any advice on next steps is appreciated particularly to avoid missing their deadlines.

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Re: Enforcement notice from Barking and Dagenham
« Reply #3 on: »
Photos on the PCN show you turning into the bus lane quite a few cars back, so I can't see anything that would form the basis for a "killer" appeal.  Any reason for going into the lane when you did ? At the moment, the discount looks the best option, although there may be a technical appeall based on unauthorised CCTV camera. However, someone else will have to explain it in detail.
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Re: Enforcement notice from Barking and Dagenham
« Reply #4 on: »
Thanks for the response. It was carelessness on my part, I thought that since the bus lane colour changed if be ok. But only afterwards did I realize it's the solid white line I have to pass to move in to the bus lane.

I'll respond to the council letting them know that I've never received the initial postal ticket for them to re-issue.

Thanks again
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Re: Enforcement notice from Barking and Dagenham
« Reply #5 on: »
Date served is not the same as delivered!  Inexact locus.
« Last Edit: November 22, 2023, 09:20:09 pm by Hippocrates »
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
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Re: Enforcement notice from Barking and Dagenham
« Reply #6 on: »
Quote from: Incandescent on November 21, 2023, 02:59:11 pm
Photos on the PCN show you turning into the bus lane quite a few cars back, so I can't see anything that would form the basis for a "killer" appeal.  Any reason for going into the lane when you did ? At the moment, the discount looks the best option, although there may be a technical appeall based on unauthorised CCTV camera. However, someone else will have to explain it in detail.
Barking have a new VCA certificate.  I suggest writing that you did not receive the original PCN.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
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Re: Enforcement notice from Barking and Dagenham
« Reply #7 on: »
Quote from: Hblbs on November 20, 2023, 04:01:40 pm
Hello all,


Trouble is I've never been sent the original postal ticket which would have allowed me to name the driver or pay half the £130 that they are demanding.



The registered keeper is responsible for the PCN and the same person must make the representations.  Or s/he needs to authorise the driver to do so in writing.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List
Re: Enforcement notice from Barking and Dagenham
« Reply #8 on: »
@Hblbs you have posted an almost completely useless photo of the enforcement notice, you should re-post it redacting the postal address only (and your name if it bothers you, but that's a bit pointless because if you appeal to the tribunal your name will be published on the tribunal website anyway), see the guidance here.

If you require the council to prove that the camera is covered by their certificate, they will likely struggle. On top of that, most councils don't realise that if we require them to attend and they don't show up, they automatically lose.

See these recent cases:

Daniel Brazil v London Borough of Brent (2230422726, 08 November 2023)
Daniel Brazil v London Borough of Brent (2230422726, 10 November 2023)
Michael Strom v London Borough of Barnet (2230395452, 22 November 2023)

We haven't advised anyone to pay a London bus lane PCN since July 2021, we haven't lost a case since, and I see no reason to change our approach now.

If you post the PCN properly I will draft a representation for you.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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