Free Traffic Legal Advice

Kindly ignore the 2 earlier emails.
My most recent email has the requested details.

Thanks

Ok Thanks, will wait until then, do I need to take any action for now? Respond to the Council verdict, Or just wait until I hear from you..?

Here is the 2nd PCN.., note the original PCN's received by the Rental Agency had a different number, and the ones received by me have 2 different PCN numbers..for the Bus Gate Violation.

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I have received the Rejection Notice from the Stockport Council, for both the PCN's.
See attached. They have stated that even though I never owned the vehicle,  I was the registered keeper and hence liable. Also on the time frame it states that PCN was served within the time frame.
Thereby rejecting both my representations. It states that I have 14 days from the date of response to pay the reduced amount of 30 GBP, which then increases to 60 GBP, and also stating that I can take the case to the tribunal.



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Link to the Pepipoo forum, where I had initiated the initial discussion

http://forums.pepipoo.com/index.php?showtopic=149939

There was a question raised by hcandersen, in context of the 28 days of sending a Notice Of Acceptance for closing the earlier PCN's and raising new ones..If you could provide your view?


The duty of the authority is:

4) The requirements mentioned in paragraph (3) are that enforcement authority must—

(a)consider the representations and any supporting evidence which the recipient provides, and



(b)serve on the recipient a notice of its decision (a “decision notice”) which states whether or not it accepts the representations made by the recipient.

(5) If the enforcement authority accepts the representations—

(a)it must cancel the relevant enforcement notice,

(b)its decision notice must state that the enforcement notice has been cancelled, and

©when it serves the decision notice, it must refund any sum paid in relation to the relevant enforcement notice.


As cp observed, this case is rare in that the original enforcement notice has in fact been cancelled. What the authority appear to have not done is to serve notice of this decision. But this does not change the fact that the decision has been taken and the enforcement notice has been cancelled.

The regs further provide:
8)The cancellation of an enforcement notice under this regulation does not prevent the enforcement authority from serving a new enforcement notice on another person in accordance with the 2022 General Regulations.

Which must give rise to the question: what trigger action is the authority required to take before they may procedurally issue a 'new enforcement notice on another person'? Is it the cancellation of the previous notice or is it serving notice of the cancellation?

As far as I can see, of the cited cases(rows 10-24) none applies to a post May-2022 decision outside London, which is what this is.

Views?

Hi,

I am copying over discussions that I initiated on Pepipoo website.
Current Status: Awaiting a response from the Stockport Borough Council post me filing a representation for the 2 PCN's received on the same day.

Brief Description: Rental Agency received the PCN, for me driving through the Bus Gate at Heaton Lane. They responded to the Council, stating that I was driving as a renter. Post this, I received new PCN from Stockport Council, to which I made a representation stating

Dear Stockport Metropolitan Borough Council,

I challenge liability on the basis that I have never owned the vehicle concerned. Further to this, there has been a procedural impropriety because the enforcement authority has served the enforcement notice outside of the 28 day limitation period.

The PCNs must therefore be cancelled.

Also I did reach out to the Rental Agency, once again to confirm if they had any correspondences with the Council , after receiving the Initial PCN's, but they came back with the following response

"Good Afternoon,

Thank you for your email.

With regards to your questions, we received both PCN's in the post. We then sent your details to the issuing agencies so they can send the transfer of liability to you and re-issue the fine. From that, you are able to pay or appeal the PCN's.

From what I have looked up at on the websites, the PCN's remain open."

I have also uploaded a jpeg file , which shows the overall discussions on Pepipoo site.
Link is https://www.flickr.com/photos/198366001@N03/with/52983048449/