Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Hblbs on November 20, 2023, 04:01:40 pm
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@Hblbs you have posted an almost completely useless photo of the enforcement notice, you should re-post it redacting the postal address only (and your name if it bothers you, but that's a bit pointless because if you appeal to the tribunal your name will be published on the tribunal website anyway), see the guidance here (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/).
If you require the council to prove that the camera is covered by their certificate, they will likely struggle. On top of that, most councils don't realise that if we require them to attend and they don't show up, they automatically lose.
See these recent cases:
Daniel Brazil v London Borough of Brent (2230422726, 08 November 2023) (https://drive.google.com/uc?id=1dIiiVSZSpWjtVGgaBP07DnUlG-MKth5B)
Daniel Brazil v London Borough of Brent (2230422726, 10 November 2023) (https://drive.google.com/uc?id=1Hg3Xe_c_ypyZTZec6XpU-n9nSp3vIdTS)
Michael Strom v London Borough of Barnet (2230395452, 22 November 2023) (https://drive.google.com/uc?id=1igZUZjt1AD7pdE9mBvytRyIds7wg1xF7)
We haven't advised anyone to pay a London bus lane PCN since July 2021, we haven't lost a case since, and I see no reason to change our approach now.
If you post the PCN properly I will draft a representation for you.
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Hello all,
Trouble is I've never been sent the original postal ticket which would have allowed me to name the driver or pay half the £130 that they are demanding.
The registered keeper is responsible for the PCN and the same person must make the representations. Or s/he needs to authorise the driver to do so in writing.
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Photos on the PCN show you turning into the bus lane quite a few cars back, so I can't see anything that would form the basis for a "killer" appeal. Any reason for going into the lane when you did ? At the moment, the discount looks the best option, although there may be a technical appeall based on unauthorised CCTV camera. However, someone else will have to explain it in detail.
Barking have a new VCA certificate. I suggest writing that you did not receive the original PCN.
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Date served is not the same as delivered! Inexact locus.
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Thanks for the response. It was carelessness on my part, I thought that since the bus lane colour changed if be ok. But only afterwards did I realize it's the solid white line I have to pass to move in to the bus lane.
I'll respond to the council letting them know that I've never received the initial postal ticket for them to re-issue.
Thanks again
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Photos on the PCN show you turning into the bus lane quite a few cars back, so I can't see anything that would form the basis for a "killer" appeal. Any reason for going into the lane when you did ? At the moment, the discount looks the best option, although there may be a technical appeall based on unauthorised CCTV camera. However, someone else will have to explain it in detail.
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Thanks for your response. I've attached an amended copy of the notice. Any advice on next steps is appreciated particularly to avoid missing their deadlines.
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If you read the EN, you'll see you have two options, (1) pay-up. or (2) submit representations.
So all you have to do now is submit reps stating you never received the original PCN and therefore have been denied the option of paying the discount, and ask them to reinstate it.
HOwever, if you want help to possibly get the PCN cancelled, hold off from submitting reps until we've given advice. You therefore need to unblank the EN you've posted. Only blank out name and address. Of course there may be no possibility of an appeal but at least you'll know you haven't paid £130 needlessly.
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Hello all,
I've received this postal enforcement notice dated 02.11.23 for 34j code being in a bus lane.
Trouble is I've never been sent the original postal ticket which would have allowed me to name the driver or pay half the £130 that they are demanding.
Are there any steps I can to get this reset? I've never been sent the original notice so how can they say I've ignored or not responded?
Any help is appreciated particularly on my next steps. Have to respond within 28 days.
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