Author Topic: Reading Borough Council - 34J Being In A Bus Lane - PCN Defective Wording "WILL"/"MAY"  (Read 18 times)

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I have another fun one from Reading Borough Council. It is a PCN issued under The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. I believe the Council has misstated the statutory information. Use of "WIll" instead of "MAY".

Please see the original PCN, my appeal and the Notice of Rejection on my Google Drive linked here:
Google Drive · drive.google.com


The original PCN stated: "IF YOU DO NEITHER OF THESE THINGS WITHIN 28 DAYS FROM THE DATE OF SERVICE OF THIS NOTICE, THE COUNCIL WILL SERVE A CHARGE CERTIFICATE INCREASING THE PENALTY BY 50% TO £105 AND TAKE STEPS TO ENFORCE THE PAYMENT OF THIS SUM. AT THAT STAGE IT WOULD BE TOO LATE TO MAKE REPRESENTATIONS."

Schedule 2, Paragraph 3 of the Regulations, provides the information to be included on a Regualtion 10 PCN, "(1) The information to be included in a regulation 10 penalty charge notice is— (f)that if after the last day of the period referred to in sub-paragraph (d)—
(i)no representations have been made in accordance with regulation 5 of the 2022 Appeals Regulations, and
(ii)the penalty charge has not been paid,
the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased,"

Now, the successful cases on the FTLA spreadsheet were for 'The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (revoked)' which I believe was revoked by the 2022 Regulations. But the principle is the same, right?

I note the wording on the Notice of Rejection seems to be correct. It states "If, after 28 days, you take no action, we may send you a Charge Certificate increasing the charge by 50%, from £70.00 to £105.00." In the reasons for rejecting they state amongst other things: "The wording used in the PCN letter has been deemed adequate by the tribunal and is in accordance with the statutory process."

I have asked the Parking Enforcement department of the Council if they can provide a citation and the summary of that Tribunal decision. Is there a better way to ensure I get it? I already have an active FOI request with them for the TRO and deposited documents, as the only version of the TRO I could find for this location was from 1980's and the front page notes it has been revoked by another Order I subsequently can't find. Can I do a second FOI request or is that likely to take too long?

I am appealing because I don't believe the driver saw the advance signage westbound on A329, turning onto Beresford Road. The physical layout supports the drivers comments. However, I have no dashcam footage to prove it. I'm also unsure if the terminal signage is at the correct location, it possibly should be closer to the physical narrowing of the road (though I suppose I won't know exactly where the restriction begins and end until I get the TRO).

Advance signage:
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl

Bus Gate / 2m Width Restriction:
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl



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TBH, I don't think there is any appeal mileage in the "will/may" argument anymore, but I may be wrong. Of course if you end up at the Traffic Penalty Tribunal, there's no harm in including it as part of your appeal which from what you say, is centred on adequacy of signage. You might care to mention that although there is the advance sign, there is nothing at all when you enter the street until you get to the restriction.