Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Oldstoat on May 09, 2024, 07:34:14 pm
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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.
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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.
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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?
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I suggest you contact council and tell them the circumstances. CC looks OK.
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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?
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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.
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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