DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 21988--------------------------------------------------
Sheffield Bus Gate PCN Furnivall Road
DIR By: Oldstoat
Date: May 9, 2024, 1:34 pm
---------------------------------------------------------
On 21 March 24, I visited Sheffield. Due to trying to navigate
to the city hall, I managed to go through a bus gate. A postal
PCN was issued, but due to family emergencies, was not responded
to.
A charge Certificate has now been issued and received today 9
May.
Having had a read around, I understand that this is a Section 10
issued PCN and because it was a postal issue, if no reps
received it goes straight to Charge Cert.
reading the legislation though. Should the Charge Certificate
have been issued within 28 days of the offence? Or have I
misread.
Clarification sought on correct timescales that Sheffield
Council should follow
#Post#: 22002--------------------------------------------------
Re: Sheffield Bus Gate PCN Furnivall Road
DIR By: fraser.mitchell
Date: May 9, 2024, 4:57 pm
---------------------------------------------------------
There is a minimum period after service of a postal PCN before a
Charge Certificate can be served, but no maximum, other than the
council's duty to act fairly and expeditiously.
From your narrative, it seems clear that you have lost any
option to submit representations by not responding to the PCN.
Any reason for not doing so ? If it is compelling, then contact
with the council might persuade them to cancel it and just
request the PCN penalty.
#Post#: 22008--------------------------------------------------
Re: Sheffield Bus Gate PCN Furnivall Road
DIR By: Oldstoat
Date: May 9, 2024, 6:53 pm
---------------------------------------------------------
My wife was ill and then I went in to hospital for surgery, it
was just forgotten about, in the general chaos at that time.
Are Sheffield Charge certificates compliant? Any mileage in
that?
#Post#: 22021--------------------------------------------------
Re: Sheffield Bus Gate PCN Furnivall Road
DIR By: fraser.mitchell
Date: May 10, 2024, 3:24 am
---------------------------------------------------------
I suggest you contact council and tell them the circumstances.
CC looks OK.
#Post#: 22248--------------------------------------------------
Re: Sheffield Bus Gate PCN Furnivall Road
DIR By: Oldstoat
Date: May 13, 2024, 4:24 am
---------------------------------------------------------
I was reading on another thread that bus one enforcement has
been “illegal” since 2005 due to councils not having the correct
VCA. Is this true? If so do I have an op;orotundity to
challenge this at tribunal?
#Post#: 22354--------------------------------------------------
Re: Sheffield Bus Gate PCN Furnivall Road
DIR By: fraser.mitchell
Date: May 13, 2024, 7:32 pm
---------------------------------------------------------
--- Quote from: Oldstoat link ---
>
> I was reading on another thread that bus one enforcement has
been “illegal” since 2005 due to councils not having the correct
VCA. Is this true? If so do I have an op;orotundity to
challenge this at tribunal?
>
--- End Quote ---
No, not really. Camera certification was once an issue but I
believe that issue was put to bed some time ago, and bus lanes
are now enforced outside London under the Traffic Management Act
since May 2022.
#Post#: 23068--------------------------------------------------
Re: Sheffield Bus Gate PCN Furnivall Road
DIR By: ivanleo
Date: May 19, 2024, 10:56 am
---------------------------------------------------------
--- Quote from: Oldstoat link ---
>
> I was reading on another thread that bus one enforcement has
been “illegal” since 2005 due to councils not having the correct
VCA. Is this true?
--- End Quote ---
[member=519]Oldstoat[/member] no, that was only ever true (and
to some extent still is ) in London. Even if this were a London
PCN, by not dealing within within the 28 day deadline you've
lost your right to appeal.
All you can do is put a late representation in asking the
council to cancel the penalty, or at least reinstate the
discount in light of your circumstances, provide medical
evidence as well.
If the council issues a notice of rejection you can come back
here and show us all the paperwork and we can check if there are
grounds that warrant appealing to to the tribunal.
*****************************************************
Page 1 of 1