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#Post#: 2411--------------------------------------------------
Bus Lane PCN - Chelmsford
DIR By: Free Parking
Date: August 2, 2023, 10:47 am
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Hi all ,
Been redirected here from Pepipoo by cp8759, thank you for that.
If anyone gets a chance to have a look at this to see if it is
valid and the legislation is correct i would appreciate it.
HTML https://ibb.co/xCWRj0z
HTML https://ibb.co/4P1nJzR
HTML https://ibb.co/DkPcNJ1
HTML https://ibb.co/zX2vbXh
Streetview link-
HTML https://www.google.com/maps/@51.7362478,0.4...i8192?entry=ttu
#Post#: 2415--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: John U.K.
Date: August 2, 2023, 11:38 am
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Your link was broken in transit!
Here
HTML https://goo.gl/maps/zpNooHs6srqafSKE8
#Post#: 2419--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: Free Parking
Date: August 2, 2023, 11:52 am
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Thanks John. Not sure how that happened .
#Post#: 2442--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: fraser.mitchell
Date: August 2, 2023, 1:47 pm
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Hang on ! According to the PCN it is issued under the TMA 2004
and associated regulations of 2022, so the statutory grounds are
incomplete.
(
--- Quote ---
> 2) An enforcement notice must include the following
information—
>
> (a)that—
> (i)the recipient may make representations against the penalty
charge in accordance with regulation 5 of these Regulations, but
> (ii)any such representations made outside the period of 28
days beginning with the date on which the notice is served (“the
payment period”) may be disregarded;
> (b)the nature of the representations which may be made under
regulation 5;
--- End Quote ---
Representations against the enforcement notice
5.—(1) The recipient may make representations against the
enforcement notice to the enforcement authority which served it
on the recipient.
(2) The representations must be—
(a)made in the form determined by the enforcement authority, and
(b)to either or both of the following effects—
(i)that in relation to the alleged contravention, one or more of
the grounds specified in paragraph (4) apply;
(ii)that, whether or not any of those grounds apply, there are
compelling reasons why, in the particular circumstances of the
case, the enforcement authority should cancel the penalty charge
and refund any sum paid to it on account of the penalty charge.
(3) In determining the form for making representations, the
enforcement authority must act through the joint committee.
--- Quote ---
> (4) The grounds mentioned in paragraph (2)(b)(i) are—
>
> (a)the alleged contravention did not occur;
> (b)the recipient—
> (i)never was the owner of the vehicle in question,
> (ii)had ceased to be its owner before the alleged
contravention occurred, or
> (iii)became its owner after the alleged contravention
occurred;
> (c)at the time that the alleged contravention occurred, the
vehicle in question was in the control of a person who did not
have the consent of the owner;
> (d)the recipient is a vehicle-hire firm and—
> (i)the vehicle in question was at the material time hired from
that firm under a hiring agreement, and
> (ii)the person hiring it had signed a statement of liability
acknowledging their liability in respect of any penalty charge
notice served in respect of any relevant road traffic
contravention involving the vehicle during the currency of the
hiring agreement;
> (e)the penalty charge exceeded the amount applicable in the
circumstances of the case;
> (f)there has been a procedural impropriety on the part of the
enforcement authority;
> (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;
> (h)if a regulation 10 penalty charge notice is served under
regulation 10(2)(b) or (c) of the 2022 General Regulations, no
person prevented a civil enforcement officer from—
> (i)fixing a regulation 9 penalty charge notice to the vehicle
concerned, or
> (ii)handing such a notice to the owner or person in charge of
the vehicle;
> (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 ---
#Post#: 2443--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: Free Parking
Date: August 2, 2023, 2:00 pm
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Thank you for taking the time to have a look at this for me
incandescent.
So are you saying there is a flaw with this pcn and it is not
valid ?
#Post#: 2446--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: fraser.mitchell
Date: August 2, 2023, 2:35 pm
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Yes.
In May 2022, new regulations were introduced for the Traffic
Management Act 2004 and at the same time, councils outside
London, enforcing bus lanes under earlier legislation, were
transferred to the bus lane process defined in the TMA 2004 and
its supporting regulations of May 2022. This meant that the PCN
templates for bus lanes had to be changed to reflect the new
regulations.
Here they aren't changed correctly. The corrct Act and
regulations are there, but the PCN is void some of the statutory
grounds for appealing in the regulations are omitted. Omitting
these is a procedural impropriety and thus the PCN is void.
Howver wait for the others to confirm I am correct, (but I'm
sure I am !!).
This forum has shown, over the years, how totally thick and
stupid some councils are. Here is a typical council.
#Post#: 2476--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: ivanleo
Date: August 2, 2023, 5:21 pm
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Spot on [member=12]Incandescent[/member]
Draft representations:
[indent]
Dear Essex County Council,
I challenge liability for PCN ES55411816 on the basis of a
procedural impropriety. Specifically the statutory grounds of
appeal at regulation 5(4)(g) and (f) of The Civil Enforcement of
Road Traffic Contraventions (Representations and Appeals)
(England) Regulations 2022 are missing from the Enforcement
Notice that has been served. That is a procedural impropriety on
the basis of which the penalty charge must be cancelled.
Yours faithfully,
[/indent]
As always send them online and keep a screenshot of the
confirmation screen.
#Post#: 2483--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: Free Parking
Date: August 2, 2023, 6:07 pm
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[attachimg=1]
[attachment deleted by admin]
#Post#: 2489--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: Free Parking
Date: August 2, 2023, 6:20 pm
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Thank you very much for your help
[member=12]Incandescent[/member], your knowledge is second to
none.
And [member=1]cp8759[/member] Thank you for your time for
drafting my representations and steering me here today, i will
report back with an update from the appeal.
#Post#: 2594--------------------------------------------------
Re: Bus Lane PCN - Chelmsford
DIR By: Free Parking
Date: August 4, 2023, 2:01 pm
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Evening All,
Received notice of rejection of representation in the post today
-
HTML https://ibb.co/mXRPSQj
HTML https://ibb.co/hYq3tWK
HTML https://ibb.co/8x1Kv6n
HTML https://ibb.co/PYvg0M7
They seem to think everything is in order with there PCN.
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