Author Topic: Sheffield Bus Gate PCN Furnivall Road  (Read 349 times)

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Sheffield Bus Gate PCN Furnivall Road
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On 21 March 24, I visited Sheffield.  Due to trying to navigate to the city hall, I managed to go through a bus gate.  A postal PCN was issued, but due to family emergencies, was not responded to.

A charge Certificate has now been issued and received today 9 May.

Having had a read around, I understand that this is a Section 10 issued PCN and because it was a postal issue, if no reps received it goes straight to Charge Cert.

reading the legislation though.  Should the Charge Certificate have been issued within 28 days of the offence?  Or have I misread.

Clarification sought on correct timescales that Sheffield Council should follow

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Re: Sheffield Bus Gate PCN Furnivall Road
« Reply #1 on: »
There is a minimum period after service of a postal PCN before a Charge Certificate can be served, but no maximum, other than the council's duty to act fairly and expeditiously.

From your narrative, it seems clear that you have lost any option to submit representations by not responding to the PCN. Any reason for not doing so ? If it is compelling, then contact with the council might persuade them to cancel it and just request the PCN penalty.

Re: Sheffield Bus Gate PCN Furnivall Road
« Reply #2 on: »
My wife was ill and then I went in to hospital for surgery, it was just forgotten about, in the general chaos at that time.  Are Sheffield Charge  certificates compliant?  Any mileage in that?

Re: Sheffield Bus Gate PCN Furnivall Road
« Reply #3 on: »
I suggest you contact council and tell them the circumstances. CC looks OK.

Re: Sheffield Bus Gate PCN Furnivall Road
« Reply #4 on: »
I was reading on another thread that bus one enforcement has been “illegal” since 2005 due to councils not having the correct VCA. Is this true?  If so do I have an op;orotundity to challenge this at tribunal?

Re: Sheffield Bus Gate PCN Furnivall Road
« Reply #5 on: »
I was reading on another thread that bus one enforcement has been “illegal” since 2005 due to councils not having the correct VCA. Is this true?  If so do I have an op;orotundity to challenge this at tribunal?
No, not really. Camera certification was once an issue but I believe that issue was put to bed some time ago, and bus lanes are now enforced outside London under the Traffic Management Act since May 2022.

Re: Sheffield Bus Gate PCN Furnivall Road
« Reply #6 on: »
I was reading on another thread that bus one enforcement has been “illegal” since 2005 due to councils not having the correct VCA. Is this true? 
@Oldstoat no, that was only ever true (and to some extent still is ) in London. Even if this were a London PCN, by not dealing within within the 28 day deadline you've lost your right to appeal.

All you can do is put a late representation in asking the council to cancel the penalty, or at least reinstate the discount in light of your circumstances, provide medical evidence as well.

If the council issues a notice of rejection you can come back here and show us all the paperwork and we can check if there are grounds that warrant appealing to to the tribunal.
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