Free Traffic Legal Advice

Hi folks,

I've just received a PCN nearly 2 months after the alleged contravention. The driver is relatively new to driving in the UK and didn't know what bus gate meant, and saw the roundabout ahead as the safest option for turning around. Not a defense, this is just what happened.

I'm wondering if there are any grounds for appeal.

From my own reading, taking 57 days to issue the notice should be sufficient to argue procedural impropriety.

I'm also not sure that all of the statutory grounds for appeal are listed on the PCN, specifically that the conduct constituting the contravention is the subject of criminal proceedings, or a fixed penalty notice is given in respect of that conduct.

Thanks in advance for any advice you are able to offer!


GSV: https://maps.app.goo.gl/f6hga3mWQo6AiYPY6

Video

All pages of PCN:

Thanks for the quick response! No, it's not a hire or lease car.

Looks like they are unlawfully trying it on. And it works too, because >95% of people getting a PCN just cough-up !

Yes, submit reps based on procedural impropriety on the basis that the PCN has been served outside of the 28 day period allowed in law. Post up their reply when you get it.

The above is on the assumption that you are the registered keeper with your name and address on the V5C Registration Certificate.

Hello mate, I’m in the exact same boat as you. Same junction same two month delay… Southampton are taking the **** aren’t they?

Where did you get that video from?

For the benefit of anyone who might read this in the future, the URL given in the How to make representations against the Penalty Charge section leads to the parking fine page of the council website, which only refers to parking. Clicking through from there as if challenging a parking fine seems to work, as it finds the PCN and shows the photos and videos. There is a separate bus lane penalty charge page, not referenced in the PCN, that ultimately links through to the same form to challenge a PCN.

Thanks mate this is really helpful

Received notice of rejection of representations today. Apparently DVLA did not provide details of the registered keeper in time to serve the notice within 28 days, which allows a further 6 months.

Notice of rejection can be found here

Looks like this is moving in lock step with volvo2025's case involving the same bus gate.

Are there any further steps you'd suggest, or just cough up at this point?

OK, subject access request submitted.
I take it that I should be requesting the same information from the council, as advised in volvo2025's thread here? If so, what's the best channel through which to do this? Just replying to the email that I received with the NoR?

Any notes on this proposed response?

"Thank you for your email. I note that the Notice of Rejection makes no mention of the date the registered keeper details were requested nor the date on which those details were provided by the secretary of state, only an assertion that these details were not provided "in a timely manner". Could you please provide those dates, as "in a timely manner" does not provide sufficient information to establish that these details were not provided in a timely manner and therefore the entitlement to the exemption to the 28 day limit."

Southampton City Council have responded with some records showing that registered keeper details were requested on the 3rd of June with no response received, then the details were requested again on the 21st of July, with a response received the next day.

I have until the 29th of this month to make an appeal, what would you suggest? Does the council also need to demonstrate that the problem was on the DVLA side of things and not with the SCC system?


DVLA SAR response:



SCC letter:

Another, unrelated private parking entry. It's dated later and matches up with a different matter.