Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mitaab on August 31, 2025, 01:19:25 pm

Title: Re: Being in a bus lane during the hours of operation - Empire Way
Post by: Hippocrates on September 01, 2025, 08:27:04 pm

They are not obliged to entertain an informal challenge in this legislation. However, we may as well put something in. We have time. 4th September.

Title: Re: Being in a bus lane during the hours of operation - Empire Way
Post by: Hippocrates on August 31, 2025, 02:37:01 pm

Leave this one to me and I'll be back later. The PCN should not state they WILL send an Enforcement Notice. In this legislation they MUST attend the hearing or their evidence is inadmissible. PM me re the other offer.

Title: Re: Being in a bus lane during the hours of operation - Empire Way
Post by: Enceladus on August 31, 2025, 02:00:55 pm

Please have a read of the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) sticky post at the top of this sub-forum.

Then reinstate the PCN number and vehicle reg in your PCN.

Title: Being in a bus lane during the hours of operation - Empire Way
Post by: mitaab on August 31, 2025, 01:19:25 pm

Hi

I hope all is well with you all.

Please find below the PCN pages:

https://ibb.co/dwTxBtFx

https://ibb.co/9kD6gZHF


With my limited knowledge, the PCN does not say what happens if the PCN is not paid or Representations not made, in terms of the Charge Certificate or the charge will be increased by 50% to £240. I learnt this from @Hippocrates.

Second observation, they make references to “Enforcement Notice” (EN). Is that equivalent to Notice to Owner? If so, why do they use it? The PCN was issued using CCTV camera and it was posted to the correct address. My understanding is that usually they issue NtO if initially the PCN is manually attached to the vehicle by a traffic warden, then NtO is to follow. Please can you explain the purpose of the EN.

Also, the photographic evidence provided by the PCN does not show any signs displaying the hours of operation (restriction times) to which the contravention is alleged. They used a CCTV facing the car rather than from the back of the car. Is that permissible?
 
Sorry for the short notice. I think I have three days left before the expiry of the 50% discount period.

As always, thank you in anticipation.