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#Post#: 39290--------------------------------------------------
Re: PCN 34J Being in a bus lane
DIR By: Hippocrates
Date: October 3, 2024, 1:38 pm
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Penalty Charge Notice details
Ticket Reference LJ29422950
Your PCN is at discount stage. PCN process information
Vehicle Registration Number LF65DYV
Colour RED
Make SUZUKI
Contravention34j - Being in a bus lane (camera enforcement)
Location Mitcham Lane
First seen at Mon, 16 Sep 2024 7:31
Issued at Mon, 16 Sep 2024 7:31
Served by Post
The amount outstanding on the Charge Notice will increase to
£130.00 on Mon, 14 Oct 2024. Please pay £65.00 now.
****
Please take a screenshot of the above. Where they get 14th
October from I do not know. Also, this is a threat as it is
telling you to cough up even before they have considered a
challenge. In this legislation they are not obliged to do so but
all London councils do.
The law:
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—
(a)the grounds on which the council believe that the penalty
charge is payable with respect to the vehicle;
(b)the amount of the penalty charge which is payable;
(c)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date of the notice;
(d)that if the penalty charge is paid before the end of the
period of 14 days beginning with the date of the notice, the
amount of the penalty charge will be reduced by the specified
proportion;
#Post#: 39293--------------------------------------------------
Re: PCN 34J Being in a bus lane
DIR By: EmmaP
Date: October 3, 2024, 1:51 pm
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Sp there is a procedural impropriety with the PCN online section
where it says 14 October deadline for the discounted amount. Is
that the basis for a challenge?
#Post#: 39294--------------------------------------------------
Re: PCN 34J Being in a bus lane
DIR By: Hippocrates
Date: October 3, 2024, 1:54 pm
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--- Quote from: EmmaP link ---
>
> Sp there is a procedural impropriety with the PCN online
section where it says 14 October deadline for the discounted
amount. Is that the basis for a challenge?
>
--- End Quote ---
There is no procedural impropriety in this legislation - rather,
we would make a challenge in terms of a collateral challenge.
This is for the Fifth Set in the game. The last Lambeth bus lane
case I won they did not attend so the game was over. 7 PCNs
actually. I am just looking at the video and will get back with
a draft challenge.
#Post#: 39297--------------------------------------------------
Re: PCN 34J Being in a bus lane
DIR By: Hippocrates
Date: October 3, 2024, 2:04 pm
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[member=967]EmmaP[/member]: Draft
Online: There was no breach of the bus lane order / regulation
Reasons:
1. The description Mitcham Lane is too vague to satisfy the
grounds of any contravention.
2. The photographic evidence supplied online is so poor that I
cannot read the times on the 959 sign even when I enlarge the
image.
3. The video does not show any 958 warning sign allegedly
passed.
4. The evidence shows the vehicle only in terms of an alleged de
minimis situation.
5. I put you to strict proof that the camera used at the
location - wherever it is - has the necessary approval from the
Secretary of State to satisfy the criterion of admissibility of
evidence at the Tribunal. If you cannot supply such proof, then
the contravention cannot be proved.
In light of the above, I request cancellation of the PCN
#Post#: 39477--------------------------------------------------
Re: PCN 34J Being in a bus lane
DIR By: EmmaP
Date: October 5, 2024, 6:03 am
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Thank you so much. Appeal submitted, I'll ley you know the
outcome
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