Author Topic: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane  (Read 1480 times)

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Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
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Hiya, I received a letter from Reading Borough Council date 2nd January 2025,
https://imgur.com/a/Q4iYDv0
said my vehicle entered the bus lane in St Marys Butts on 27th October 2024,
https://maps.app.goo.gl/HFJGzCtwrZMNM2489
it mentioned a PCN/NoO & Charge Cert were sent to me before,
but the fact is I haven't receive any of these.

I searched through FTLA to see if there's any similar post and got some thoughts,
but I'm not sure which one would be the best option to go for.

1. request a 50% discount to paid
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lambeth-code-34j-being-in-a-bus-lane-clapham-park-road-the-notorious-bus-lane-st/

2. challenge the VCA certificate
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/camden-pcn-for-using-bus-lane-can-i-appeal/

3. challenge defective document
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/reading-bus-lane-pcn-626/15/

Would love to heard any advisory, cheers

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Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #1 on: »
You are running ahead of yourself: at the moment you need to get into a postion where you are able to challenge the original PCN.

The process is explained here
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

Follow the process as explained there. Keep within the timescale and the PCN will be re-issued and then you can make reps.
Miss the deadlines and it gets very messy.

Reading's letter is out-of-process, but without it you would not have known about the PCN.
Needless to say, they don't tell you about the reset process, but demand payment immediately.

Any reason why your mail  (PCN & charge cert.) may have gone astray?



 

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #2 on: »
In cases where both a postal PCN and a Charge Certificate have gone astray, we always ask you to check the name and address on your V5C Registration Certificate. Is the address correct in all details and the same as the letter you have received ?

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #3 on: »
You are running ahead of yourself: at the moment you need to get into a postion where you are able to challenge the original PCN.

The process is explained here
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

Follow the process as explained there. Keep within the timescale and the PCN will be re-issued and then you can make reps.
Miss the deadlines and it gets very messy.

Reading's letter is out-of-process, but without it you would not have known about the PCN.
Needless to say, they don't tell you about the reset process, but demand payment immediately.

Any reason why your mail  (PCN & charge cert.) may have gone astray?

Thanks John, I just followed the steps in the link you provided,
TEC said they haven't got my PCN in the system atm and advise me could call the council to discuss.
Should I reach the council or just keep calling again in every 7 days until its in their system. Cheers.

My address is a terraced house near university area with 3 individual flats in it,
we haven't got any postbox but letter plates on the front door.
We shared the front door & hallway, sometimes even the front was not knocked,
anybody could easily just walk in and grab any letters or parcel,
even the front door knocked, landlord & properties agents got spare keys to access.
I guess thats the reasons.

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #4 on: »
In cases where both a postal PCN and a Charge Certificate have gone astray, we always ask you to check the name and address on your V5C Registration Certificate. Is the address correct in all details and the same as the letter you have received ?

Thanks for asking, the address is absolutely correct, the surmise for letters gone astray was in #4. Cheers.

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #5 on: »
Quote
Should I reach the council or just keep calling again in every 7 days until its in their system.

Keep calling TEC
Check the status and amount due on whatever part of Reading's system you found the screenshot in your opening post and report here straighhtaway any changes.

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #6 on: »
Quote
Should I reach the council or just keep calling again in every 7 days until its in their system.

Keep calling TEC
Check the status and amount due on whatever part of Reading's system you found the screenshot in your opening post and report here straighhtaway any changes.

Cheers John

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #7 on: »
Quote
Should I reach the council or just keep calling again in every 7 days until its in their system.

Keep calling TEC
Check the status and amount due on whatever part of Reading's system you found the screenshot in your opening post and report here straighhtaway any changes.

Hi John, TEC got the PCN in their system on 13th February 2025 and I submitted the TE9 on 17th February 2025,
then I got the original PCN date 4th March 2025 yesterday as I not at home last 3 weeks
https://imgur.com/a/VMSoWCf
I think I missed the chance for 50% off w/in the 21 days
Would like to ask should I pay the £70 or make a representation, thanks

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #8 on: »
Well if you make a representation now and they reject it the penalty will still be £70, so you might as well give it a go. With Reading we usually manage to come up with something but as we're short on time, you might just have to put in a representation saying that the alleged contravention did not occur and leave it at that. The key thing is to make sure something is submitted before midnight on 2 April, send the representation online and take a timed / dated screenshot of the confirmation page.
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

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #9 on: »
Well if you make a representation now and they reject it the penalty will still be £70, so you might as well give it a go. With Reading we usually manage to come up with something but as we're short on time, you might just have to put in a representation saying that the alleged contravention did not occur and leave it at that. The key thing is to make sure something is submitted before midnight on 2 April, send the representation online and take a timed / dated screenshot of the confirmation page.

Hi cp8759, hope you had a happy holiday last weekend
I did made a representation on 31st March said the alleged contravention did not occur
They've replied and rejected via letter
https://imgur.com/a/ENmOev3
Please advise is there further action could be done or should I just pay the £70 w/in 28 days
Cheers

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #10 on: »
Just bear in mind that if the full PCN penalty has been demanded, it is now a total no-brainer to take them to the Traffic Penalty Tribunal, because the penalty remains the same and there are no additional costs at all.

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #11 on: »
@fkdacam1234 I'll drop you a PM, there's not much point in paying now.
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

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #12 on: »
Thanks Incandescent & cp8759

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #13 on: »
Outcome, well at least we tried.
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

Re: Reading Borough Council - PCN - St Marys Butts (34j) Bus lane
« Reply #14 on: »
The usual useless TPT adjudicator who thinks he is a judge.  Adjudicators are not judges who can query what Parliament intended. We are constantly told that adjudicators can only decide on what the law says and not accept mitigation. A procedural impropriety is there to stop council abuse. In this case, if the adjudicator decided in the appellant's favour on the 'will' 'may' issue, the council can always go to judicial review.