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#Post#: 26266--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: June 16, 2024, 10:31 am
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Labour council ‘unfairly’ fined thousands of drivers £2.6 m
Small print on notices contained procedural impropriety about
how long motorists had to appeal.
Steve Bird 15 June 2024
A Labour council which “unfairly” fined thousands of motorists
millions of pounds is being urged to issue refunds after a
mistake in the wording on its penalty charge notices (PCNs)
meant they were “legally void”.
In just five years Southwark council raised more than £2.6
million by issuing 43,300 fines to motorists who had strayed
into bus lanes in the London borough.
But it has now emerged the small print on those fines contained
a “procedural impropriety” about how long motorists had to
challenge the PCNs.
Campaigners have carried out a series of test case appeals at
London Tribunals, which hears challenges to motoring fines, to
establish whether the wording needed changing.
Adjudicators heard how bus lane contravention tickets did not
use the correct language set out by the London Local Authorities
Act, which grants councils the power to fine motorists.
The Act states that the 28-day time limit to challenge a PCN
should start from “the date of notice” about the fine. However,
the council had wrongly stated on its tickets that the
month-long window for legal challenges started from “the date
the penalty charge notice was served”.
Notice and served dates differ
In one ruling Richard Thompson, the adjudicator, wrote: “the
date of the notice and the date on which the notice is served
are invariably different dates”. Quashing the £130 fine, he
wrote: “the penalty charge notice does not comply with the
statutory provisions. This amounts to a procedural impropriety
and I therefore allow the appeal.”
A number of other appeals based on the same error were not
challenged by the council and were also cancelled.
Phillip Morgan, who discovered the incorrect wording and has
helped people challenge fines said motorists were a “soft
target” for councils looking to raise money.
“I am deeply concerned by the incompetence of staff by London
council’s parking departments,” he said.
“Their failings range from the inability to copy and paste
mandatory information from the laws to the inability to fairly
and correctly assess representations and appeals from motorists
who, to me, are soft targets used to obtain revenue.”
Bus lane fines have risen
A Freedom of Information request revealed that since 2019, a
total of 46,397 bus lane fines have been issued by the council.
That number has risen from 7,673 in the financial year 2019/20
to 13,304 in 2023/24. The revenue obtained rose from £427,849
five years ago to £746,616 in 2023/24.
The council’s response to the data request adds that wording to
the PCNs changed in February “to stop appeals to the parking
adjudicator based on technicalities around date (issued or
served)”.
Pointing out how many “legally void” were issued owing to a
driver making a minor mistake, Mr Morgan said it was “ironic”
that they had been cancelled because of the council’s own minor
mistake
.
“It is one rule for the council, and another rule for the
motorist,” he said. “When errors like this have been pointed
out, the council should reimburse motorists unfairly fined.
Instead, they have come up with nonchalant excuses and corrected
the wording on their bus lane PCNs to avoid technical appeals.”
‘Penalties promote public safety’
Southwark council said: “Southwark council issues penalty charge
notices for motoring offences in the interests of public safety
for all road users. They are issued within a legal and statutory
framework, which includes the rights of appeal. Income received
from penalty charge notice fines goes towards road upgrades and
projects to help make streets safer and more accessible.
“In February 2024 we updated the wording of our PCNs to fully
comply with the requirements of the London Local Authorities Act
1996, reducing the time drivers have to consider the notice or
pay the fine. Our original wording stipulated drivers had from
the time the notice was received, rather than when it was sent,
allowing them more time in the process.”
“We have no plans to cancel PCNs that haven’t been successfully
appealed within the statutory parking appeals process.”
******
At least two Southwark officers wrote that their PCNs were
compliant and correct. ::)
This one refers to Case No: 2240167920 which is subject to a
costs hearing.
With regard to your comment, I would inform you that the 14 days
is applicable to the payment of the discount rate of £65 and the
28 days for the full charge of the PCN at £130.00. I can confirm
that both are from the date of service of the notice and the PCN
is correctly issued and valid for the contravention.
Olamide Olagbaju
Southwark Parking Services
******
This one refers to 2240215025:
We have noted the points raised in your letter regarding the PCN
based on the wording of the PCN. I can confirm the wording
stated on the PCN is correct and in line with the legislation.
The case Mr Bird cites is: 2240143117. I was authorised
literally 20 minutes before the hearing. I only asked the
adjudicator under the circumstances for an adjournment IF he did
not allow on the dates issue! For Heaven's sake, I know the law!
Lambeth are next on my list. A costs hearing against them too in
July. I do not take too kindly to a council writing to my client
(not copied to me) that I had not done two certain things which
I had!
#Post#: 39512--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: October 5, 2024, 3:06 pm
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Tommy Poirot has now morphed and has reached Mt. Olympus. Zeus
is now in charge and includes other contraventions such as
yellow box junctions.
HTML https://t.co/5AU8Yufdpz
#Post#: 45157--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: November 12, 2024, 2:43 am
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Royal Borough of Kingston upon Thames Bus lane at Eden Street
If you turn left out of Union Street into Eden Street, please do
not pay the PCN! Why? The signage is rubbish!
HTML https://youtu.be/dmo43oExMxs
HTML https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg45156/#msg45156
#Post#: 87983--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 1, 2025, 8:06 am
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And this:
HTML https://www.ftla.uk/the-flame-pit/southwark-to-refund-recipients-of-bus-lane-pcns-issued-under-the-wrong-act!/msg86395/#msg86395
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