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#Post#: 29659--------------------------------------------------
Birmingham PCN bus lane 34
DIR By: bribri57
Date: July 12, 2024, 11:10 am
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Here is the link to the PCN front and back
HTML https://i.imgur.com/ByarEmP.png
HTML https://i.imgur.com/4VFCC8X.png
any obvious errors (apart from driving in a bus lane).
This is a google map link from March 2021
HTML https://www.google.co.uk/maps/@52.4786705,-1.8933818,3a,75y,345.54h,78.34t/data=!3m6!1e1!3m4!1sw4PDonMtJDOLPT6Qq5cqhg!2e0!7i16384!8i8192?coh=205409&entry=ttu
Thank you
#Post#: 29673--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: Phantomcrusader
Date: July 12, 2024, 12:29 pm
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The PCN appears to be missing this statutory information:
(3) The recipient (“R”) of an approved device notice may, by
notice in writing, request that the enforcement authority—
provides R, free of charge, with such still images from that
record as, in the authority’s opinion, establish the alleged
relevant road traffic contravention.
Also appears to be missing these 3 statutory grounds of appeal.
(g)the order which is alleged to have been contravened in
relation to the vehicle concerned, except where it is an order
to which Part 6 of Schedule 9 to the RTRA 1984 applies, is
invalid;
(i)the enforcement notice should not have been served because—
(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of
any discount set in accordance with Schedule 9 to the TMA 2004,
by the applicable date as specified in paragraph 1(3) of
Schedule 3 to the 2022 General Regulations.
#Post#: 29681--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: fraser.mitchell
Date: July 12, 2024, 1:22 pm
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--- Quote ---
> (i)the enforcement notice should not have been served because—
>
> (i)the penalty charge has already been paid in full, or
> (ii)the penalty charge has been paid, reduced by the amount of
any discount set in accordance with Schedule 9 to the TMA 2004,
by the applicable date as specified in paragraph 1(3) of
Schedule 3 to the 2022 General Regulations.
--- End Quote ---
This is the penalty charge, there being no separate enforcement
notice like there is in London. SO how the recipient could have
paid the penalty charge before receipt of the PCN is a puzzle.
#Post#: 29688--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: Phantomcrusader
Date: July 12, 2024, 1:56 pm
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I agree Incandescent but the regs under 4(b)
HTML https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/2<br
/>advise that the grounds listed under reg 5(4) apply to
enforcement notices (reg 10 PCN's). I assume it's a drafting
error but until it's amended we may as well exploit it if
possible.
#Post#: 30151--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: bribri57
Date: July 17, 2024, 6:04 am
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A] re: The recipient (“R”) of an approved device notice may, by
notice in writing, request that the enforcement authority—
provides R, free of charge, with such still images from that
record as, in the authority’s opinion, establish the alleged
relevant road traffic contravention.
Does item 6 under Do not ignore this notice cover this point as
it explains how to view the video? Although it doesn't
explicitly say whether the address should be the addresses that
appear elsewhere on the notice.
B] Happy to challenge this missing element but does it usually
appear on PCNs? (g)the order which is alleged to have been
contravened in relation to the vehicle concerned, except where
it is an order to which Part 6 of Schedule 9 to the RTRA 1984
applies, is invalid;
C] Is this a regulation 9 or 10 notice? should it explicitly
state that
in the replies Phantomcrusader suggested to challenge because it
doesn't include the grounds that (i)the enforcement notice
should not have been served because—
(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of
any discount set in accordance with Schedule 9 to the TMA 2004,
by the applicable date as specified in paragraph 1(3) of
Schedule 3 to the 2022 General Regulations.
However the regs say Notice to Owner and I received a PCN so
surely the above grounds do not apply.
#Post#: 31455--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: bribri57
Date: July 28, 2024, 2:16 pm
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The deadline for the reduced amount is closing in.
any final thoughts before I submit my appeal?
#Post#: 34676--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: bribri57
Date: August 27, 2024, 5:09 am
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My challenge was rejected. I challenged that it was missing
statutory grounds
(g)the order which is alleged to have been contravened in
relation to the vehicle concerned, except where it is an order
to which Part 6 of Schedule 9 to the RTRA 1984 applies, is
invalid;
The council say this only relates to parking . Is that correct
I also put in mitigation that all the road changes, temp road
works meant I had spent a very long time driving around trying
to get to a hotel to deliver a hospital bed (personal use,). It
really was a nightmare.
Council response below.
HTML https://imgur.com/a/L1z69o1.
I am looking to formulate an appeal as the discount has already
been lost. I miscalculated the days.
#Post#: 36066--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: bribri57
Date: September 8, 2024, 4:42 am
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I have lodges the appeal. Need to finalise the information I
send them. Any final thoughts on the council response or any
other lines of appeal?
#Post#: 36837--------------------------------------------------
Re: Birmingham PCN bus lane 34
DIR By: bribri57
Date: September 14, 2024, 8:26 am
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The council have issued the camera approval letter from 2013 -
should approval not be renewed periodically?
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