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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Am on April 04, 2025, 08:34:32 am

Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Incandescent on April 05, 2025, 11:17:15 am
There is no 'procedural impropriety', so remove that.
Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Am on April 05, 2025, 09:34:15 am
Thank you. I will put that on the form that came with the PCN and return it. Do I tick the box that says 'There has been a procedural impropriety on behalf of the authority....' along with the one that says 'The alleged contravention did not occur'?
Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Incandescent on April 04, 2025, 09:20:54 pm
Try this: -

Traffic Penalty enforcement department
Walsall Council
Civic Centre
Walsall

Dear Sirs

Re PCN <PCN Number> served on <date> for location <location named on the PCN>

I deny responsibility for payment of the above PCN on the grounds that the contravention did not occur.

As you are no doubt aware, there is no bus lane on Bridge Street. Please therefore cancel the PCN forthwith. I remain etc

Yours faithfully

Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Am on April 04, 2025, 03:46:00 pm
Sorry I'm new to all this so could you write a suitable appeal for me to xcopy onto the letter please? I would really appreciate it. Or put into words what I should point out to them on the appeal. Thank you
Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Incandescent on April 04, 2025, 11:41:45 am
https://drive.google.com/drive/folders/1QKzMq6BSH72kkC8IpAXPE8tUgDg3eNwj
Whilst the PCN says they will "endeavour" to reply to reps within 56 days, in fact 56 days is a statutory limit under the Traffic Management Act 2004, (see top of your PCN). If they don't respond within this time, the reps must be automatically accepted.

Other thing to point out is that the location states "Bridge Street - bus lane, but there is no bus lane in Bridge St, so the PCN would seem to be void. As you say, the bus lane is in Ablewell Street. Wrong location is normally fatal to enforcement of a PCN especially a postal one.
Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Am on April 04, 2025, 09:56:44 am
https://drive.google.com/drive/folders/1QKzMq6BSH72kkC8IpAXPE8tUgDg3eNwj
Title: Re: Walsall counci contravention 34J Being in a bus Lane
Post by: Incandescent on April 04, 2025, 09:20:43 am
Please post the PCN, all sides, only redacting name and address. We can normally view the video, (the sole evidence), using car reg number and PCN number.
Title: Walsall counci contravention 34J Being in a bus Lane
Post by: Am on April 04, 2025, 08:34:32 am
My son-in-law was using my car and as he was in an unfamiliar area during night time (23.51) he drove on the bus lane without realising. I am the registered owner of the car so recieved a Penalty charge notice yesterday. As far as I'm aware the bus lane is on Ablewell Street not Bridge Street. Both Streets join at the crossroads as you can see on the map link.

https://maps.app.goo.gl/dJyu98TbPnSbs4gt6?g_st=ac

What's the best way to appeal please? Date of PCN is 02/04/2025