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#Post#: 42284--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: October 25, 2024, 6:49 am
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Hi again All,
Thank you for looking into it.
What do you think I should do now.
Pay the fine at 50% discount or challenge it?
From my experience in total of 3 cases I believe the adjudicator
in two instances ruled it out in my favor but in one case it was
ruled out in favor of the council even when my grounds were
compelling. The decision surprised some of the PePiPoo pros.
#Post#: 42375--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: fraser.mitchell
Date: October 25, 2024, 12:06 pm
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Councils have to obey the law same as you, and omitting a key
piece of legally-mandated information from a PCN is a procedural
impropriety and really should get the PCN cancelled at
adjudication. But it's your money.
#Post#: 42747--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: October 28, 2024, 3:45 pm
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--- Quote from: Incandescent link ---
>
> Councils have to obey the law same as you, and omitting a key
piece of legally-mandated information from a PCN is a procedural
impropriety and really should get the PCN cancelled at
adjudication. But it's your money.
>
--- End Quote ---
Do you think if I pay it will they fix some pot holes with it?
;D
#Post#: 43606--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: November 2, 2024, 7:05 am
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The website of this council is designed to mislead the user.
On the letter there is no direct link to challenge the PCN but
some general help page.
Under 35J page there is a whole list of usual reasons the
drivers can miss the restriction but this is just some smoke to
confuse the web user.
HTML https://derby.gov.uk/transport-and-streets/parking-in-derby/penalty-charge-notices/challenge-penalty-charge-notice/driving-down-bus-lane/
For the people not from the area the option "I was not aware
that Corporation Street was a bus lane" makes the most sense
but when you click on it it only convinces you to pay the fine
and the link to challenge is not provided.
I don't know how this can be considered legal. I looks more like
a gambling app people are deliberately misled or have to go in
circles to complete the process.
You have to inspect other options to get the link to challenge
the PCN. Not good.
HTML https://pcn.derby.gov.uk/pages/OnlineChallengeEntry.aspx
#Post#: 49200--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: December 10, 2024, 9:15 am
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I just got a response from the council:
--- Quote ---
>
> Dear X
> The Traffic Management Act 2004 – S78; Traffic Management Act
2004, S82; The
> Civil Enforcement of Road Traffic Contraventions (Approved
Devices, Charging
> Guidelines and General Provisions) (England) Regulations 2022;
The Civil
> Enforcement of Road Traffic Contraventions (Representations
and Appeals)
> (England) Regulations 2022
> PENALTY CHARGE NOTICE NUMBER: DRXXXX
> DATE OF ISSUE: 07 October 2024
> VEHICLE REGISTRATION NUMBER: LCXXXX
> LOCATION OF CONTRAVENTION: Corporation Street
>
> I refer to your representations received on 02 November 2024,
in respect of the above
> Penalty Charge Notice.
> Please note that the legislation on the Notice to Owner is
correct.
> The registered keeper has the right to take their case to the
Independent Adjudicator,
> but that they are obliged to follow the national appeals
process and will need to submit
> formal representations with their mitigation to the Council
first to be considered if they
> wish to appeal the Penalty Charge Notice. However, we cannot
consider any mitigation if
> the registered keeper fails to provide any.
> In view of this, if you have mitigation as to why the vehicle
contravened the restriction
> that you would like to be considered, then please ensure as
the registered keeper of the
> vehicle you submit your formal representations as soon as
possible.
>
>
> Alternatively, if you now upon reflection accept that you
contravened the restriction, I am
> willing to re-offer you the opportunity to make payment of the
original, reduced amount of
> £35.00 to close the case, if payment is received within 21
days from the date of this
> response.
> Payments can be made in any of the following ways:-
> ➢ Credit or Debit Card – In person or by telephone on
0345 600 1982
> ➢ Online At:
>
HTML https://pcn.derby.gov.uk/pages/OnlineReferenceEntry.aspx?loadtype=PAYMENT
> Please ensure that you quote the Penalty Charge Number when
making payments.
> If the information requested or payment is not received within
21 days from the date of
> service of this letter, I will have to consider issuing you a
formal Notice of Rejection.
> Yours sincerely
--- End Quote ---
#Post#: 49991--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: December 15, 2024, 2:23 pm
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what do you think about their claim that "the legislation on the
Notice to Owner is correct." ?
do they push the envelope?
#Post#: 50008--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: fraser.mitchell
Date: December 15, 2024, 4:22 pm
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Two things, (1) it is not a Notice to Owner, it is a Penalty
Charge Notice, and (2) whilst the legislation on Page 1 is
correct, the legislation on the form for submitting reps is
totally wrong, and also omits some of the statutory grounds for
appeals, (as I said in my previous post).
Letters like their's shows the woeful ignorance of the law of
the staff in their enforcement office.
#Post#: 50250--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: December 17, 2024, 12:54 pm
---------------------------------------------------------
Thank you
I don't remember this process to be so confusing but at Derby
Council
--- Quote ---
> The registered keeper has the right to take their case to the
Independent Adjudicator,
> but that they are obliged to follow the national appeals
process and will need to submit
> formal representations with their mitigation to the Council
first to be considered if they
> wish to appeal the Penalty Charge Notice. However, we cannot
consider any mitigation if
> the registered keeper fails to provide any.
--- End Quote ---
Now I need to make formal representation but the Webcode is
nowhere to be found.
#Post#: 50267--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: fraser.mitchell
Date: December 17, 2024, 3:35 pm
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The bovine stupidity of Derby Council continues ! One has to
wonder at where they get the staff, including the head of the
department !!!
As a bus lane PCN under the Traffic Management Act 2004, served
by post to the registered keeper, there is only one opportunity
to submit representations. Once those have been rejected the
next stage is adjudication.
So as you have had your representations rejected, the next stage
is to register an appeal with the Traffic Penalty Tribunal, (or
cough-up, of course).
#Post#: 50301--------------------------------------------------
Re: Bus Lane - Derby City Council - Corporation Street
DIR By: JohnBravo
Date: December 17, 2024, 7:54 pm
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Ok, I wait for NoR to arrive then.
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