Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - MrNeo

Pages: [1]
1
@Brosmith
Similar to what happen to me. It happen to me. Moved home just few day after getting a ticket. DVLA (V5c) informed straightaway! The first letter that I received AFTER 1+ YEAR was the enforcement=£280, then I sent the Pe2/Pe3 and inform the bailiff about this. Straightaway they sent someone to deliver a letter and the bill is £515 now. That's a very expensive letter!!!
I am going to ***** fight till the bones!!!!

2
Hi.
The section "give full reasons" in the PE3 is blank. it shouldn't be.
I double checked, triple checked this, and although is all highly confusing, that section should have been completed in case of option 1.

3
YEs and No.

By experience don't rely on signage. Once I challenged a ticket cause the sign was twisted 90 degrees. basically facing the side walk. It got rejected.  Reason: bus lane are always forbidden to motor vehicles unless specified. ERGO  no sign => don't enter.

4
I cannot find record that has been paid, so I assume it was approved.
Mine was same 34J too.


please see some links here, hope you will find these useful.
https://www.youtube.com/watch?v=D2PJfdNlLhE

https://www.visordown.com/news/general/open-all-london-bus-lanes-motorcyclists-says-report

https://www.whatdotheyknow.com/request/motorcycle_in_bus_lane

They have added a CCTV camera sign on the left sign since 2018. Other things may have changed meanwhile.

This is the challenge I've submitted, but I would add few other relevant points to the below which apply to your case:
"I am writing to challenge the above penalty charge notice (PCN).  I was issued with a PCN - 34J of being in a bus lane on the xx/xx/2018 and received the letter at my address Friday xx xx 2018. I believe the PCN was issued unfairly and I am not liable for the amount for the following reasons:

A) -  When turning from Croxted Road onto Norwood Road there is no sign warning of CCTV enforcement of the Bus Lane as showed in the enclosed pictures B1 (taken by me on the ...... 2018) and C2 (from Google street). This is contrary to Lambeth's stated CCTV policy which includes the following paragraph:
2.3.1 The primary objective of any CCTV camera enforcement system (‘the system’) is to ensure the safe and efficient operation of the road network by deterring motorists from breaking road traffic restrictions and detecting those that do. To do this, the system needs to be well publicised and indicated with lawful traffic signs.   (Code of Practice for Operation of CCTV Enforcement Cameras in the London Borough of Lambeth - https://www.whatdotheyknow.com/request/161122/response/ 402230/attach/3/CCTVCodeofPractice332Oct2011%201.pdf - retrieved on the.....)

B) -  The Enforcement Operations Agreement Appendix 09 stated:
1.16 A representation is made on the basis that the driver had to temporarily drive in a bus lane, in order to avoid colliding with another vehicle or to allow an emergency services vehicle to pass. Bus Lane View the evidence to validate the representation. Accept N N C111B - Prevented from proceeding by an emergency (http://content.tfl.gov.uk/eops-schedule2-appendix9-tfl-business-rules.pdf - retrieved on the ...)
As showed in the photos enclosed A1 and A2 retrieved from the Lambeth parking website, and also highlighted from the enclosed merged pictures C1, it is clear that the manoeuvre is finalized to avoid the car preceding which wrongly moved to the left of the lane.

C) -  No signage is shown in the pictures A1 and A2 retrieved from on the Lambeth parking website or other features which make difficult to locate the end of the lane and estimated the length of the manoeuvre.

D) -  Turning from Croxted road the blue signage at the beginning of the bus lane is placed on the left and the signage showing “CCTV camera enforcement” is not present (see picture B2). Moreover, it can be easily covered up the van ahead as shown in picture A3.

E) - The colour of the bus lane in Norwood Road was previously surfaced in coloured material in order to demarcate it more emphatically and to discourage encroachment (see picture C2 retrieved from internet dated 29 May 2012).

Venetian red (BS381C – colour 1434) surfacing has been shown to aid bus lane compliance; however, it adversely impacts on the streetscape visually and requires additional maintenance. It should therefore only be used where there is a proven need to improve compliance (https://consultations.tfl. gov.uk/policy/streetscape-guidance/user_uploads/part-d---section-nine---physical-design-and-materials---carriageways.pdf - retrieved on the .....)

This is not present anymore and the colour is the same of the rest of the pavement (see pictures A1/A2).

F) -  No genuine advantage has been obtained considering the preceding car has not been overpassed and I was directed to the right of the carriage to turn right to the junction as shown in the enclosed picture A3.

G) -  No genuine advantage has been obtained considering the absence of traffic, as shown in pictures A1/A2/A3, neither obstruction to other vehicles.
For these listed reasons, I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

Additionally, I would like also to mention that for a former challenge, found on internet and submitted by another rider for the same exact location, has been successfully accepted and the PCN cancelled by Lambeth parking in September 2012.

I would like to request the Traffic Management Orders (TMO) with amendments, to view the full CCTV videotape, a report how operator LH1474 meets the requirement at point 2.9 of the Code of Practice for Operation of CCTV Enforcement as Cameras, and the specifications of the camera 156 according with the order 2005 and Transport act 2000."

I hope you will find this useful

5
AHHH Lambeth dear Lambeth!!
sorry to hear about that


I got a ticket in the same location.
It's a trap!! not sure why in Lambeth some bus lane are for moto and some not, but I have an idea  ::)
I think my challenge was accepted in 2018. I will search for docs..

6
the council website (Pay PCN section) now shows: "There is a problem.
The notice number you have entered to currently on stop. Please contact London Borough of Newham."
what does it means?

7
Post the authority's response to your application when it's received*, otherwise wait.

The problem with your que sera, sera approach to the prospect of goods being seized is that if you share a property then others could be inconvenienced. But this is a matter of personal choice for you.

*- do the authority have your correct address? They should use the one you inserted in the OOT (you did put your current address?), but you never know.

TEC notify the authority of your submission and ask for their view - this is what would be sent to you.

Like your QUE SERA, SERA   :) 
Where the respondent lives isn't the case.
I guess this is matter of fairness for the respondent who thinks to succeed with the PE2/PE3 or when submitting the N244. A previous application to TEC was successful and the original PCN was issued/back to original.

8
As you have submitted the correct forms (presumably emailed and you have an auto response from TEC) then the matter is in their hands. You also have had an enforcement visit.

While TEC deliberate I suggest you post your reasons for submitting late(as per your submission) and read this synopsis: https://commonslibrary.parliament.uk/bailiffs/

You might consider paying the enforcement officer because this has NO effect on the outcome of TEC's consideration but would prevent your goods being seized. If your OOT is successful then ALL monies would be refunded.

Thanks for your reply and share the link. Much appreciate your help mate.

It seems they already applied the maximum charge, £515 and only if they get goods they charge 110, right?
not too worried about the officer taking goods tho. nothing left to sell, just few clothes and broken shoes ;)
The email submitted had ~14 files in total in attachment (mainly proof of change address and due diligence).

From your reply the respondent should just wait for a reply from TEC, right?

9
Both PE2 (Application to file a statutory declaration out of time) and PE3 (Statutory Declaration) forms were sworn by a solicitor and immediately emailed along with comprehensive supporting evidence (DVLA confirmation emails, screenshots of V5C updates, driving licence address change confirmations, car insurance letter, landlord letter confirming residence) to TEC.<br><br>
- Bailiff Action: despite being informed of this via post and via email, just few days after on 23 June 2025, a bailiff hand-delivered the Enforcement Notice at the reception desk where the respondent lives. The total to pay is now updated at £515.


Much too vague I'm afraid. This process is about dates and times.

You submitted your OOT when exactly?

The date on the enforcement notice hand-delivered is?

The name and address are yours, yes?
Hi. I can try to be more detailed:

Timeline 2024
-------------
road traffic offence dated (based on the NoE): 24/05/2024
relocated/move home (1st time):  07/06/2024
DVLA V5C request to update sent: 10/06/2024 (1 business days after entering new accommodation)
relocated/move home (2nd time):  29/06/2024
DVLA V5C request to update sent: 11/07/2024 (8 business days after entering new accommodation)
Enforment Officer instructed to enforce PCN by TEC (as written on NoE letter): 01/11/2024

Timeline 2025
-------------
NoE letter issued (as written on the NoE letter): 15/05/2025  to pay by: 26/05/2025
NoE letter received: 19/06/2025
rushed email to TEC sent with form TE7/TE9: 19/06/2025
Enforcement Notice letter left at reception desk: 23/06/2025
new email to TEC sent with correct sworn forms PE7/PE9: 23/06/2025

Hope this helps. Please let me know if more details about the timeline are required. Thanks again for any help.

10
Please read the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of the forum.

Please post up a scan or photo of the Notice to Enforcement from the bailiff. Just redact your name and address, please leave everything else visible.

Is the name name and address on the Notice of Enforcement 100% correct and current?

"The respondent only became aware of the outstanding PCN on 19 June 2025, upon finding a Notice of Enforcement (NoE) dated 15 May 2025 to be paid by 26 May 2025."
What do you mean. Where did you find the NoE?

The Out of Time application will have been forwarded to Newham who may well object to the application. What reasons did you give, for being late with the Statutory Declaration, on the OOT?

thanks for your reply. I will try to post a picture of that document, however I would prefer remove further details at this very early stage.
Regarding your questions the reason given is summarized in POST #1. Other additional details are confidential in nature for the respondent.
The notice was a simple ordinary white blank letter . Not sure if first class or second class. It doesn't have a stamp.

11
Hello everyone,<br><br>
Please I need urgent advice for a PCN that was never received. The first letter received was a Notice of enforcement (NoE) at bailiff stage, no PCN, no else for 13 months.
<br><br>
Summary:<br>
- PCN Type: Moving Traffic - road civil offence wrong turn CCTV - East London A13<br>
- Date & applicant: 24 May 2024 - London Borough of Newham.<br>
- Core Issue: the respondent did not receive the original PCN or any subsequent correspondence (Notice to Owner, Charge Certificate, Order for Recovery, etc.).<br>
- Reason for Non-Receipt: just after the offence on 24 May 2024, The respondent changed address twice and updated the V5c log book twice (10 June 2024) and (11 July 2024). The respondent have been living in the same accommodation since then (almost 1 year to date). The respondent only became aware of the outstanding PCN on 19 June 2025, upon finding a Notice of Enforcement (NoE) dated 15 May 2025 to be paid by 26 May 2025.
<br><br>
Action taken:<br>
- The original amount of £280 asked just few days ago, has not being paid. Instead the PE2 and PE3 "out of time" statutory declaration has been sent to the Traffic Enforcement Centre (TEC) and the bailiff officer informed of the above.<br>

- Both PE2 (Application to file a statutory declaration out of time) and PE3 (Statutory Declaration) forms were sworn by a solicitor and immediately emailed along with comprehensive supporting evidence (DVLA confirmation emails, screenshots of V5C updates, driving licence address change confirmations, car insurance letter, landlord letter confirming residence) to TEC.<br><br>
- Bailiff Action: despite being informed of this via post and via email, just few days after on 23 June 2025, a bailiff hand-delivered the Enforcement Notice at the reception desk where the respondent lives. The total to pay is now updated at £515.<br><br>
I anticipate the council will oppose the respondent application, citing that the PCN was sent to the DVLA-registered address, was not returned by Royal Mail (therefore "deemed served"), and arguing it's the keeper's responsibility to manage mail.<br><br>
My Understanding of Current Status is:<br>
- Enforcement by the bailiffs should now be suspended while the TEC processes my "out of time" application.<br>
- The TEC will either reject or approve this application.<br><br>
Few questions:
- Given the large number of evidence (especially the proactive DVLA updates before the PCN was issued) and the detailed explanation given, how strong do you think this good reason for an "out of time" application is?<br>
- If the TEC Court Officer denies this application, what are the key arguments or focus points should be used for the subsequent N244 application to a District Judge? Are there common pitfalls to avoid at that stage?<br>
- Are there any other specific legal points or regulations that applies to this case?<br><br>

Thank you for any advice you can offer.

Pages: [1]