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Messages - mundodisco8

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Thanks for your support.

Sorry for not continuing on the previous thread. I tried, but the forum displayed a message saying that my thread was older than 120 days (or something along those lines) and I thought that it was discouraged to follow old threads. That's why I opened another.

Here's the complete Enforcement Notice, because pages 2-4 seemed like boilerplate about paying I thought they were not relevant, but I see your point and it's obviously better to have all the info so you don't have to do any guesswork.

Regarding your post, I'm sorry but I find it a bit cryptic. I understand that you have lots of people to help, so sorry if I'm a bit thick with all this.

My understanding is that my response should be something along these lines?


"I request you cancel the PCN because:
1. Incorrect grounds for appeal: The council’s "grounds for appeal" page and documentation include the ground "We are a hire firm." This is not a valid independent ground and constitutes a procedural error that renders the PCN unenforceable.
2. Lack of Evidence: No Upright Signage Shown: the clip posted as evicende doesn't show the driver passing any relevant upright signage, failing to show that the bus lane was correctly marked.
3. Weather: the contravention ocurred at night during a rainy night (add details of historic weather data for that night). The lane markings are barely visible under such conditions from the position of a driver. The camera has a different position as it's elevated, plus it's using infrared because it's working at night time, which is not affected as much by rain as visible light. The video doesn't provide a picture comparable to the conditions the driver was subjected to.
"

Would that be correct? No mention of the "hey, it was just the last 10m, didn't take advantage of the situation, didn't block any buses" bit?

2
Hi,

Months ago I wrote asking for help to fill an Out of Time Challenge (My previous post). I got a response from TEC and they agreed to roll back the PCN to the notice period.

So today the Council notified me again (Enforcement Notice). I have requested the evidence of the contravention right now, and it might not be available yet, but it should be ready in less than 24h. It can be checked here, with PCN no. AO00384508 and reg GD19EVG.

I attach as in the previous post, a link to the area in street view

I went over the bus lane. In the evidence you can see my car getting into it. If bus lanes are contraventions of the type "You did it, there's no recouse", then the discussion it's over, but if there's a room for a challenge, the point I want to make is that I just went over it in preparation to continue forwad in the next intersection, which requires me to change to the lane the bus lane is. Also, from the around 125m the bus lane has, I stepped on it for the last maybe 10-15m. I think it would be reasonable to see that it was not my intention to take advantage of the bus lane to pass traffic and that I didn't block any buses (as can be seen in the evidence). On top of that, although it might sound as a poor excuse, the visibility of the road paint is very low at night, specially if it's raining and it looks like there was "moderate rain" at that time.



This shows the path of my car on the context of the bus lane in the street.



Independently of the potential of challenge for this PCN, I have another question about the amount of money to pay. The letter from the council says that I have to pay £130 today, and doesn't mention anything about discounts for early payment, but shouldn't I have been offered a 50% discount as my date of notice is effectively yesterday? I logged into the Ealing's Council portal and it says that the amount outstanding is £130.

I would appreciate your opinion on this particular case. Thanks for this and all the work you do here!

Edit: that's funny! the images are not being displayed... anyways, the one about the rain is this one https://imgpile.com/p/1LIotYp and the one with my car's path along the street is this one https://imgpile.com/p/Xn8UQ0z

3
That's the case, we had an outdated address, but I thought it had been sorted by the time of the infractions, but turns out they are a couple of months before the update. In fairness, I wrote the council in june to tell them about the issue and asking if I had any outstanding PCNs and they didn't reply ¯\_(ツ)_/¯

Ok, this one is on me then. I will try my luck, nevertheless, maybe the person attending my case was visited by three ghosts recently and feels more generous than usual 😂, but I know that I should expect my challenge to be rejected.

Thanks!




4
Hi,

I got caught on camera driving on the bus lane. The video shows the car driving in the bus lane, there's not much to do here. I was wondering if there any point in challenging the PCN based "on the context" of the infraction. The bus lane runs for a 150m, and I just got on it in the las 20m or so, in anticipation to get to the lane that allows continuing forward, which is the same lane as the bus lane uses (the non-bus lane ends in a forced right turn). The video shows how I just turned into the bus lane at the end of it, and there's no intention of beating the traffic and no bus was blocked.

As I said, I understand that "by the book", I was on the lane and the automated system flagged it, but I don't know, maybe there's some leniency for these cases?

This is the aerial view of the street, with an aproximate of the path I took shown in red



As required, heres the letter I got Notice of Enforcement

A link to the street view where the camera is more or less located Street View

And here is the page where the evidence can be checked https://viewmypcn.co.uk/ (AO00384508 and GD19EVG)

Thanks for taking the time to read through this!

EDIT: I forgot to mention, I did not receive a notification for this PCN, I got a letter from a debt collection agency, I will need to do an out of time challenge for this one. The debt has been paid, it's just a case to see if I can recover at least some of the money.

5
<p>Hi<br></p>

<p>I got a letter from a debt collection agency about two outstanding PCNs that my council had passed to them. This was the first notification I had about the infractions, and I would like to fill an out of time challenge to see if there's any chance to reduce the amount of money I have to pay (even if it's only the debt collectors fee).<br></p>

<p>I've lurked around in the forum for similar cases and as adviced, I just paid what the collection agency requested, on the hopes that my challenge is accepted and I get a refund.<br></p>

<p>What's the wording I should use in the PE2 and PE3 forms. PE2 form seems a bit more clear in its wording, but I don't have much else to say than "I'm filling this challenge because I didn't get a notification from the council about the PCN, I don't know why I didn't get it".<br></p>

<p>PO3 has a box I can tick about not receiving the PCN, but again, it says "My reasons are...", and I am not sure what to add there.<br></p>

<p>I imagine this is a common question that probably gets answered a lot, but for the life of me I can't find anything similar in other posts. Thanks!<br></p>

6
Fantastic! All clear!

Again, thanks for taking the time to help me with this one, I really appreciate it. I hope I didn't come as too whinny. I'll do as you recommend.


Cheers!

7
I moved to Ealing on November 2021, and noticed my logbook was not updated, and updated it, on April 2024.

I understand that no matter what, at the end of the day, the fault is mine, as I didn't update the logbook. I am looking for a bit of understanding and lenience from the council, really, as this is such a silly mistake. All the other car paperwork was pointing to the right address, and the council has my contact details, to be fair, as obviously live here and pay council tax ¯\_(ツ)_/¯

Same thing with the PNC. I mean, i was obviously in the bus lane, the pic is clear, but it's one of those situations where there was clearly no intent to beat the traffic or block a bus, and I'm pretty sure I was just getting in place for the next crossing... but I guess that everyone here see themselves as rightous people that deserve their PNCs getting revoked  ;D

Anyway, thanks again!

8
Hi,

Thanks for your help and taking time to read through my post.

I contacted the debt collectors to inform them that I am in the process to request an out of time challenge and asked them to pause the process until I hear back from the TEC until we get the resolution to the challenge. As I said in my post, I've done that as I had a similar situation before, and both the collection agency agreed to pause the collection while the challenge was processed, and Ealing Council accepted to move it back to the PCN phase. Maybe I got lucky?

You say that it seems like I "don't have a good reason" to do this challenge. Why do you say that?

Is the general advice to pay the debt collector now and then do the out-of-time challenge? Would the debt collector return the money? Companies are quite allergic to returning money once you have given it to them :D

9
I drove into the bus lane. The PCN ocurred a couple of years ago (28/09/23) and I drive that road weekly, so I don't remember the details. That road has two lanes westward. The "middle" one ends in a forced right turn in the next intersection, so to carry on straight, you have to move to the left lane. As it's a busy road, traffic can create queues, and I might have gotten into the bus lane in anticipation to get into the left lane to continue straight in the interception. I hope this image clarifies it. Here's a link to the intersection in Google Maps. My car's position is about the same as the Post Office, that's why mi link points there.



I moved to a new house but failed to update my V5C. I updated it last year, but this PCN might be from earlier, and I haven't received any letters from the council about it. The first notice I got about the PCN is the Notice Of Enforcement from a debt collection agency, that I attach. Although the notice was issued on the 24th, I didn't get the letter until the 30th.



I requested evidence from Ealing council on Friday the 30th. The webpage said I would get an email that never reached, so I checked again today and got this image, although I didn't get any video. While the image shows my car clearly on the bus lane, there's no context (for example, did I move there because an ambulance was incoming?). I think, though, that it's pretty clear that I wasn't there to beat the traffic, as there wasn't any other vehicles, or blocked a bus, as there is none in the image.



Here's what I get if I try to watch a video of the infraction



I had a similar one before. It was the same scenario, the Council *may* have sent letters to the registered address (old address) which I didn't get, and I got notified by the recovery agency. That time, I did an out of time challenge which got me back to the claims stage. Neverhteless, the Council dismissed my claim saying that it was too late and told me that I could only pay the full amount (not the reduced amount) which I did. I was about to do the same, but I'm afraid that the council will dismiss any claims again, as they can simply say no, and I have either pay or go to court, which sounds really scary to me.

Thanks for your time, I really appreciate it.

Cheers!

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