Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Hassan on August 03, 2023, 03:16:56 pm
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PCN Details
PCN BZ98714143
Contravention date 26 Nov 2022
Contravention time 09:38:00
Contravention location Longbridge Road
Penalty amount N/A
Contravention Being in a bus lane
Referral date 04 Dec 2023
Decision Date 13 Mar 2024
Adjudicator Carl Teper
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons
The Appellant has attended by telephone and is represented by Mr P Morgan. The Authority was not represented.
The Authority's case is that the Appellant's vehicle was in a bus lane when in Longbridge Road on 26 November 2022 at 09.38.
Approval from the Secretary of State for the type of prescribed device used for this bus lane enforcement is a requirement under paragraph 7(2) of Schedule 1 to the London Local Authorities Act 1996 (the 1996 Act) for the Authority's camera evidence to be admissible in these appeal proceedings.
There is no evidence presented by the Authority showing type approval for the prescribed device at the time of the contravention.
Further, I find that the statement submitted by the Authority from the Camera Enforcement Officer does not satisfy the requirement under paragraph 7(2) of Schedule 1 to the 1996 Act.
Accordingly, I am not satisfied that there was type approval from the Secretary of State.
In any event the only certificate produced shows that it was effective from the 21 February 2023 but this post dates the date of the contravention, which was the 26 November 2022.
It follows that the evidence from the camera is not shown to be admissible and that there is, therefore, no evidence of the Appellant's vehicle being in contravention of a bus lane restrictions.
The appeal is allowed.
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2230536940
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Won. ;) Tempus fugit.
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Missive sent. :) Any bets as to what will happen? ::)
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I do not believe anyone on the forum has been down this route yet?
What route? SARs are used by some on here all the time, but it takes a month to get a response. It'll be quicker to wait for the council to refer the case to the adjudicator, then get an LoA, email it to the tribunal, then call them up and ask for a copy of the evidence pack to be emailed to you. The notice of rejection should be in evidence item E. Also ask the tribunal to change the comms preference to email, so you don't have to worry about postal issues any more.
Barking and Dagenham sends everything by post and the the tribunal scanning centre uses .tiff files, so you need to use a service like https://tiff2pdf.com/ to convert the evidence pack to PDF and make all the pages visible (otherwise you can only see the first page of each document).
The route of helping a motorist in terms of this particular legislation post OFR stage. I am not going to make a SAR when it is the responsibility, as you say, to file evidence with the Tribunal. But, this council's reputation precedes them as we know. And so should their barrister on his watch! As dysfunctional, at least, as the others. It keeps us alive. :o
I will message you with the OP's permission.
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Not yet. This is next on my list. ;D
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Any progress?
I've since been sent The London Borough of Barking and Dagenham (North Street, London Road, Wood Lane, Cambridge Road, Linton Road, Ripple Road, New Road and Longbridge Road)(Bus Lane) Order 2002 (https://drive.google.com/uc?id=15XEfW29FbBk94FmXNdDiBYiSi1q83q0a).
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I do not believe anyone on the forum has been down this route yet?
What route? SARs are used by some on here all the time, but it takes a month to get a response. It'll be quicker to wait for the council to refer the case to the adjudicator, then get an LoA, email it to the tribunal, then call them up and ask for a copy of the evidence pack to be emailed to you. The notice of rejection should be in evidence item E. Also ask the tribunal to change the comms preference to email, so you don't have to worry about postal issues any more.
Barking and Dagenham sends everything by post and the the tribunal scanning centre uses .tiff files, so you need to use a service like https://tiff2pdf.com/ to convert the evidence pack to PDF and make all the pages visible (otherwise you can only see the first page of each document).
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Update. The NOR has been requested as well as the full case log history. They have replied back advising to make a SAR to foir department. I think it time to test their knowledge of the legislation @ Schedule 1.
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
I do not believe anyone on the forum has been down this route yet?
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Ok. Taking care of this one.
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Presumably, the Charge Certificate has also been cancelled/rescinded or whatever the term is!?
The revoking order from TEC cancels both the Order for Recovery and the Charge Certificate.
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The council should now go to the Tribunal. If you need representation, I will offer my services free. They did not have the correct VCA certificate at the time of the alleged contravention so the evidence is inadmissible at the Tribunal.
I will PM you.
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
Para. 10(2) and (7)
Presumably, the Charge Certificate has also been cancelled/rescinded or whatever the term is!?
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Please confirm which box you ticked on the TEC form (not by telling us the box number, write out what is written next to the box).
On the form, I ticked the box that says "I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice."
Shortly after received the letter from the Nottingham County Court stating that the order for recovery has been revoked however the PCN has not been cancelled and council may or may not pursue the initial PCN.
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Please confirm which box you ticked on the TEC form (not by telling us the box number, write out what is written next to the box).
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Good Morning all,
I’ve received the outcome from the TEC and the order for recovery for the penalty charge has been revoked.
So now waiting on the council to re-issue me the PCN again.
Will I need to go through the 2 stage appeal process again when it comes through?
I feel slightly relieved now!
Thank you all!
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Just keep copies of everything and check in with the TEC weekly to check the status.
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Just called TEC and i’ve asked them to disregard the PE3 I sent them.
The lady I spoke to said they’re working on a backlog and I should be OK to send the corrected form again and everything has been noted down.
I’ve gone and witness and signed the new form again and sent it.
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It should have been the second box. I do not know what to advise actually other than to perhaps contact the TEC and tell them what has happened and do another one if that is allowed and ask the solicitor who witnessed the signature.
I am not going to slap your wrists! You must get this sorted asap.
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Hi all,
So I received a PCN back in November 2022 due to being on the bus lane. I appealed with Barking and Dagenham council via an online portal they have.
They initially rejected the informal appeal, then when I submitted the appeal formally they did not send me any response to this.
The second appeal was submitted back in February 2022 all within the time frame they provide.
After a while I received a charge certificate and was advised on the other forum to wait for the Order for Recovery where I can appeal on the ground that I did not receive any rejection notice.
Link to original post is: http://forums.pepipoo.com/index.php?showtopic=147721
On the PE3 form I've submitted to the TEC I think I may ticked the incorrect box as I ticked the 3rd one which states: I appealed to the Parking/Traffic Adjudicator against the local authority's decision....
However I think it should have been the second box which states: I made representations about the penalty charge to the local authority concerned within 28 days....
I didn't get the chance to appeal to the adjudicator and that's why I should have ticked the second box instead.
Can someone advise me on this.