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#Post#: 3618--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: Hippocrates
Date: August 21, 2023, 5:07 am
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I just see one page.
#Post#: 3619--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: Circle87
Date: August 21, 2023, 5:37 am
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--- Quote from: Hippocrates link ---
>
> I just see one page.
>
--- End Quote ---
I am able to upload pictures for OP. Hope this helps. 3 pages.
[attachment deleted by admin]
#Post#: 3627--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: mrmustard
Date: August 21, 2023, 7:10 am
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We seem to have screenshots of the pages rather than just the
images themselves, makes them smaller than would be ideal.
However, the front page is perfectly clear and it contains a
fatal error.
It says that payment must be made 'not later that the last day
of the period fo 28 days beginning with the date of this
Enforcement Notice'.
The law, the London Local Authorities Act 1996 sets the time
limit as being 28 days from service of the Enforcement Notice
(in para 1(2)(c) of Schedule 1).
Probably best let me represent you (free of charge)
maisiethecat. If you want that please send me a complete copy of
the Enforcement Notice by email to mrmustard@zoho.com
#Post#: 3661--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: Hippocrates
Date: August 21, 2023, 3:55 pm
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Indeed, and which contradicts the representations time limit:
(3)The council may disregard any such representations which are
received by them after the end of the period of 28 days
beginning with the date on which the penalty charge notice or
enforcement notice in question was served.
#Post#: 3713--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: maisiethecat
Date: August 22, 2023, 11:26 am
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--- Quote from: mrmustard link ---
>
> We seem to have screenshots of the pages rather than just the
images themselves, makes them smaller than would be ideal.
>
> However, the front page is perfectly clear and it contains a
fatal error.
>
> It says that payment must be made 'not later that the last day
of the period fo 28 days beginning with the date of this
Enforcement Notice'.
>
> The law, the London Local Authorities Act 1996 sets the time
limit as being 28 days from service of the Enforcement Notice
(in para 1(2)(c) of Schedule 1).
>
> Probably best let me represent you (free of charge)
maisiethecat. If you want that please send me a complete copy of
the Enforcement Notice by email to mrmustard@zoho.com
>
--- End Quote ---
ah thankyou very much, I will send a copy over to you, im
scanning it with my mobile as the scanner has broken at work :)
will of course donate to your charity, very good one aswell.
Quick question, what stops them re issuing the enforcement
notice correctly or is that not allowed by law?
thanks
#Post#: 3788--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: mrmustard
Date: August 24, 2023, 4:50 am
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I have made the formal representations. In brief
1. Avoiding an accident is an exemtion.
2. The 28 day period for payment is wrongly stated.
I expect to win at the tribunal if rejected.
#Post#: 3795--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: maisiethecat
Date: August 24, 2023, 6:27 am
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thankyou so much, do they have same time to reply to that
representation, from memory 56 days?
Appreciate the help
#Post#: 3796--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: mrmustard
Date: August 24, 2023, 6:31 am
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There is no time limit for responding to bus lane formal
representations. Some adjudicators will find 90 days excessive
and others 180, the duty at law is to use their legal powers in
a manner which is fair in all the circumstances and to be
reasonably expeditious.
#Post#: 11188--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: mrmustard
Date: November 25, 2023, 10:02 am
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To bring everyone up to date.
Havering rejected the representations on 26 October but didn't
bother to mention them in the rejection, just that the vehicle
was in the bus lane.
I started an Appeal on 3 November on the basis that the Notice
of Rejection was inadequate and unlawful + the representations
themselves were still live.
Yesterday, Havering decided to 'Do not contest' the Appeal.
Hurrah.
#Post#: 11195--------------------------------------------------
Re: Bus lane PCN for havering, moved into bus lane for oncoming
traffic and issued with a PCN
DIR By: Hippocrates
Date: November 25, 2023, 10:52 am
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The PCN and EN contain grounds which do not exist! There is a
costs hearing this Tuesday at 14.00 hrs.
@Mr Mustard: I will e mail you.
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