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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ZaMCFC on July 09, 2023, 07:05:46 pm

Title: Re: Manchester City Council bus lane fine
Post by: cp8759 on July 19, 2023, 03:36:47 pm
DNC'ed.
Title: Re: Manchester City Council bus lane fine
Post by: cp8759 on July 12, 2023, 11:26:14 am
Smoking gun:

(https://i.imgur.com/33GWjFE.png)

(https://i.imgur.com/wCBJjjs.png)
Title: Re: Manchester City Council bus lane fine
Post by: cp8759 on July 12, 2023, 11:20:54 am
I'm sending you a PM.
Title: Re: Manchester City Council bus lane fine
Post by: ZaMCFC on July 12, 2023, 12:44:01 am
In that case CP I would like to take you up on your offer, as you seem confident and John also trusts that you will be successful.

How do I enable you to represent this case for me? Will you be needing the Online code from the Notice of Rejection of Representations letter? Will you be needing anything else?

And just to be clear, if this appeal fails, would I be required to pay £60?

Lastly, could you just talk me through the points that you intend to make in my defence? I would just like a little more clarity please, and thank you. You can send me this as a private message if you wish.

Thanks
Title: Re: Manchester City Council bus lane fine
Post by: cp8759 on July 11, 2023, 05:02:24 pm
Quote from: ZaMCFC on July 11, 2023, 03:19:45 pm
And am I allowed to appeal for a second time?
If the council could issue the penalty and then be judge, jury and executioner it would make a mockery of your right to appeal, which is enshrined in Article 6 of the European Convention on Human rights (https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/5):

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

This appeal will be quite straightforward as I said, i suspect that once the council are notified of the appeal they'll decide to give up. They invariably rely on the fact that members of the public don't know the law and basically they just hope that you'll give up. The full process is explained here:

https://www.youtube.com/watch?v=IR9CF7Z-wWw

This is the sort of case that should take me all of five minutes.
Title: Re: Manchester City Council bus lane fine
Post by: John U.K. on July 11, 2023, 04:56:06 pm
Quote
And am I allowed to appeal for a second time?

So far, you have only made representations against the PCN, which Manchester have rejected.

Now you have the opportunity to appeal to the independent adjudicator at the tribunal.

CP is an acknowledged expert here, and you would be well advised to take up his offer to represent you.
Title: Re: Manchester City Council bus lane fine
Post by: ZaMCFC on July 11, 2023, 03:19:45 pm
How so? Would you be able to talk me through the process of the appeal tribunal?

And am I allowed to appeal for a second time?
Title: Re: Manchester City Council bus lane fine
Post by: cp8759 on July 11, 2023, 09:32:16 am
This is easily won, would you like me to represent you at the tribual?
Title: Manchester City Council bus lane fine
Post by: ZaMCFC on July 09, 2023, 07:05:46 pm
Hi im going to copy and paste my pepipoo post below:

I received a bus lane contravention fine from Manchester City Council. My appeal failed.

However, when i received the letter telling me this, the letter states that i must pay £60, despite the initial letter saying that there was a £30 option if paid during 21 days. However I submit my appeal on June 18 and received a letter today (8/07/23) despite it being dated for the 6th July.

So although we are past the 21 day stage, their website states that if your appeal fails you can still pay £30 within 14 days of receiving their response. So why are they asking for £60. This goes against what their website says. Therefore, do i have reason to submit another appeal as they are asking for too much, can you even appeal more than once (in which case could the fine be dismissed) as it says on their website that asking for an excessive amount is a reason to appeal.

So to summarise: Am I still eligible to pay £30. And if the council have requested £60 from me (which they have), is this a reason to reappeal and potentially have the case dismissed as they are asking for more than is necessary?

Thanks

Here is the imgur link for documents https://imgur.com/a/iiW2gr6

This link contains the screenshot of the council's website regarding a request for an execissve amount of money being a reason for appeal. The link also shows that £30 is outstanding on my case.

https://imgur.com/a/2RD4hBe