Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: maddiem on August 29, 2025, 12:50:59 pm

Title: Re: Ealing Council PCN - being in a bus lane
Post by: Incandescent on September 06, 2025, 06:03:25 pm
Please show all the EN and any other documents.
No worries, I've just paid it.  Ive too much on my plate and have to return to my sister after more bad news and cannot risk CCJs when I'm away.
There is no possibility of a CCJ in the legislation and regulations governing council PCNs, so remember for the future.
Title: Re: Ealing Council PCN - being in a bus lane
Post by: roythebus on September 01, 2025, 09:52:12 am
I'd also suggest you don't delay claiming whatever benefits you ca, they don't back-date claims. Get on to it today, including council tax rebates, universal credit etc.When they do eventually get round to processing claims they will be back dated to the date of claim.
Title: Re: Ealing Council PCN - being in a bus lane
Post by: maddiem on September 01, 2025, 12:04:41 am
Please show all the EN and any other documents.
No worries, I've just paid it.  Ive too much on my plate and have to return to my sister after more bad news and cannot risk CCJs when I'm away. 
Title: Re: Ealing Council PCN - being in a bus lane
Post by: Hippocrates on August 29, 2025, 09:24:20 pm
Please show all the EN and any other documents.
Title: Re: Ealing Council PCN - being in a bus lane
Post by: maddiem on August 29, 2025, 02:21:20 pm
If you received an enforcement notice and challenged that and didn't get a rejection you can get this re-set.

Make a list of everything - letters from them, replies by you, with dates.

They can consider discretion owing to hardship but bear in mind they hear many such pleas, and the general position is if you can afford to run a car a PCN is a small proportion of those costs.

Thank you, however, I wasn't driving the vehicle and surely that regardless of hardship should have been enough.  They should have gone after my nephew not me.
The decriminalies legislation and regulations for council-issued PCNs makes the owner, (as recorded by DVLA on your V5C Registration Certificate) responsible for all council-issued PCNs, plus Transport for London.
Until we see some documentation posted here it is very difficult to give advice, but submitting representations based on hardship moneywise and saying the driver was responsible is not going to get accepted.

Have you approached your nephew for the money ? He owes it to you in moral terms.
Thanks
Title: Re: Ealing Council PCN - being in a bus lane
Post by: Incandescent on August 29, 2025, 01:29:10 pm
If you received an enforcement notice and challenged that and didn't get a rejection you can get this re-set.

Make a list of everything - letters from them, replies by you, with dates.

They can consider discretion owing to hardship but bear in mind they hear many such pleas, and the general position is if you can afford to run a car a PCN is a small proportion of those costs.

Thank you, however, I wasn't driving the vehicle and surely that regardless of hardship should have been enough.  They should have gone after my nephew not me.
The decriminalies legislation and regulations for council-issued PCNs makes the owner, (as recorded by DVLA on your V5C Registration Certificate) responsible for all council-issued PCNs, plus Transport for London.
Until we see some documentation posted here it is very difficult to give advice, but submitting representations based on hardship moneywise and saying the driver was responsible is not going to get accepted.

Have you approached your nephew for the money ? He owes it to you in moral terms.
Title: Re: Ealing Council PCN - being in a bus lane
Post by: maddiem on August 29, 2025, 01:24:13 pm
If you received an enforcement notice and challenged that and didn't get a rejection you can get this re-set.

Make a list of everything - letters from them, replies by you, with dates.

They can consider discretion owing to hardship but bear in mind they hear many such pleas, and the general position is if you can afford to run a car a PCN is a small proportion of those costs.

Thank you, however, I wasn't driving the vehicle and surely that regardless of hardship should have been enough.  They should have gone after my nephew not me.
Title: Re: Ealing Council PCN - being in a bus lane
Post by: stamfordman on August 29, 2025, 01:12:46 pm
If you received an enforcement notice and challenged that and didn't get a rejection you can get this re-set.

Make a list of everything - letters from them, replies by you, with dates.

They can consider discretion owing to hardship but bear in mind they hear many such pleas, and the general position is if you can afford to run a car a PCN is a small proportion of those costs.
Title: Ealing Council PCN - being in a bus lane
Post by: maddiem on August 29, 2025, 12:50:59 pm
Please excuse the long post and emotion behind this but I am at my wits end.  I received a PCN notice in April and responded to Ealing as follows:

“ I am not denying that my vehicle can clearly be seen in bus lane, however, I am looking for compassion and understanding for the day that it was. It was my birthday and my first without my mother who passed away at Christmas 2024 at 84  from undiagnosed Breast Cancer and my older sister is battling the same disease being at Stage 4.  I spend most of my time in Ireland because of this. My nephew came over from my family home to accompany me back on 24th April and on 22nd April, the day of the offence and my birthday, we had been out but I became overwhelmed with grief. He left me home and decided to go to a local supermarket to buy me a gift. As he is unused to the roads he noticed too late that this was a no entry bus lane until 7pm (we do not have such things in the small town we are from) and he too was consumed by grief of losing his granny, a mother figure too as he had lost his mother (another sister) a few years before when she was 48 from Cancer. So I am looking for some help, I am not working following redundancy and am trying not to sign onto benefits until I sort myself out. Many thanks for your understanding.”

This was rejected and I received the attached letter from Ealing Council rejecting my ‘challenge’.  I neglected to include, whether it would have helped or not, that I am not working.  I was made redundant in 2023 but due to the nature of work I do, I cannot concentrate and have every right to look for sick benefit but the person I am means I will battle through but every penny matters and whilst £80 may not mean much to some, it is to me and it jumped to £160.  I didn't see this until I returned again from a trip and challenged it again, pressing the point that I was not driving, my nephew was and I am really struggling, fallen into depression and I keep  returning to Ireland as my sister has had more bad news regarding her cancer diagnosis and struggling mentally too so I have go and put on a brave face.  But this is putting a very big burden on me.  I not have had another notice and it has gone up to £240 and the threat if not paid they will apply for County Court Judgement.  I am about to pay but if I do my trip in the next few days will have to be cancelled.

I'm not asking for anything much, I am asking for compassion and how I can deal with this or is it a lost cause ?  I am too emotional and know I am not responding well to these.