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#Post#: 33212--------------------------------------------------
Re: Pcn..Driving in a bus lane within restricted period
DIR By: Hippocrates
Date: August 13, 2024, 5:31 am
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TES small blue=camera used. Only approval certificate applies to
Videalert.
I will sort this one out.
#Post#: 33334--------------------------------------------------
Re: Pcn..Driving in a bus lane within restricted period
DIR By: Hippocrates
Date: August 14, 2024, 5:51 am
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Please do this online using the webcode and enter the PCN and
VRM details:
Dear Havering Council
I make the following representations against the PCN
1. The PCN is unenforceable because the sentence under
Enforcement Notice on the PCN wrongly states the period in which
to pay and make representations The Law states this @
HTML https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
(3)A penalty charge notice under this Part of this Act must
state—
(c)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date of the notice;
(e)that, if the penalty charge is not paid before the end of the
28 day period, an enforcement notice may be served by the
council on the person appearing to them to be the owner of the
vehicle;
Therefore, the references to date of service in the following
sentence is not only wrong but also creates an ambiguity: If
after the last day of the period of 28 days beginning with the
date on which this PCN is served no such representations have
been made, and the penalty charge has not been paid, an
Enforcement Notice may be served.....
2. Furthermore, the payment option on the PCN does not state the
address to which payment may be made:
(f)the address to which payment of the penalty charge must be
sent;
3. I bring a collateral challenge on the basis that the PCN is
unenforceable because the taken without consent ground clearly
fetters to theft by its very wording that a crime report be
provided. Therefore, this inaccurate reflection of the statutory
ground does not take into account that a relative, or friend,
may have taken the vehicle without the owner's permission so
that the owner would not necessarily, if at all, report the
matter to the Police in such circumstances or, indeed, make an
insurance claim.
4. I put you to strict proof that the camera at the location has
the correct VCA certificate to satisfy the criterion of
admissibility of evidence as provided at para. 7(2) Schedule 1
of The London Local Authorities Act 1996 (as amended). If this
is not possible, it follows that the evidence is inadmissible.
5. The video footage does not show any bus lane signage i.e. 958
and/or 959B allegedly passed.
In light of the above, please cancel the said PCN.
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