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#Post#: 6508--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: DancingDad
Date: October 2, 2023, 6:03 am
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--- Quote from: bobthesod link ---
>
> DD
>
> Had several goes at this and still come up 30/10 ( unless the
council uses the DOS as day 1)
> ..............
>
--- End Quote ---
Yup...thought that is what you may have come up with..... the
phrase in brackets is the key.
Sorry to spoonfeed on this but if you don't understand you will
not be able to argue it.
You have actually got the right date but by using the wrong date
of service.... should be 3rd Oct.... second working day...
posted on Friday, presumed DOS is the following Tuesday.
This is the legislation
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
Note 3(d)
"(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the penalty charge notice
is served,"
This applies to all PCNs under TMA2004, the key bit is
"beginning with the date of service"
Applies to not only the 28 days but the discount period.
Where on the Reading PCN is that phrase?
DOS is always day one.
But using terms such as an unqualified within or from implies
that you start counting from the day after the DOS.....
#Post#: 6522--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: ivanleo
Date: October 2, 2023, 6:27 am
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--- Quote from: bobthesod link ---
>
> Would i be correct in saying that if it goes to Tribunal and
it gets refused it is just the 70.00 payable.
>
--- End Quote ---
Yes that is correct. I don't like Reading Council much so if
you're going to the tribunal in any event, I'm happy to
represent her.
#Post#: 6527--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: bobthesod
Date: October 2, 2023, 6:47 am
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DD and CP thanks for the gentle push. will have a word with her
and explain that it is to do with the phrase which does not
include ( by law) the word must..and that i got ( with the aide
of pepipoo) a Britannia parking charge cancelled on the same
missing wording mandated in POFA 2012.
#Post#: 6545--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: ivanleo
Date: October 2, 2023, 11:07 am
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If she is going to challenge it let us know and we'll draft a
representation for you.
#Post#: 6705--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: bobthesod
Date: October 4, 2023, 10:37 am
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John CP and DD
Thanks for all the pointers and offer of assistance.
I shall be seeing her the weekend and will make her an offer,
That we take it to adjudication and if we lose i will pay the
additional 35 that she would have had to pay.. and she would not
be out of pocket
My son is all for a quiet life, but if there is a 870/30? chance
of getting a result i am all for it
It looks like the decision rests on the adjudicators view of
when day 1 starts?
will get back Sunday if that is ok
#Post#: 6709--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: DancingDad
Date: October 4, 2023, 11:59 am
---------------------------------------------------------
--- Quote from: bobthesod link ---
> .....
> It looks like the decision rests on the adjudicators view of
when day 1 starts?
> ....
>
--- End Quote ---
When day 1 starts is absolute and well defined.
Which is more then can be said about Reading's PCNs.
It's whether an adjudicator will agree that the PCN timing is
wrong and prejudicial to the unwary recipient.
If CP takes on the appeal hearing, should it get that far, at
least the adjudicator will listen and take it seriously
#Post#: 6758--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: bobthesod
Date: October 5, 2023, 10:28 am
---------------------------------------------------------
CP
I saw her today and explained that if the appeal fails that i
would pay the additional 35.00 so she will only pay pay.35.00
Hopefully i wont be 35.00 lighter and so will she.
Whats the procedure from here?
#Post#: 6794--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: DancingDad
Date: October 5, 2023, 4:26 pm
---------------------------------------------------------
--- Quote from: bobthesod link ---
>
> CP
>
> I saw her today and explained that if the appeal fails that i
would pay the additional 35.00 so she will only pay pay.35.00
> Hopefully i wont be 35.00 lighter and so will she.
>
> Whats the procedure from here?
>
--- End Quote ---
It will be challenge the PCN and then, should that be rejected,
Appeal to the Traffic Penalty Tribunal.
CP was checking camera details and has offered to represent so I
will defer to him if you want to take him up on his offer.
Any update on why she was in the bus lane...while technical
issues can be winners, a reason for the contravention is always
good.
#Post#: 6818--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: ivanleo
Date: October 5, 2023, 6:26 pm
---------------------------------------------------------
--- Quote from: DancingDad link ---
>
> Any update on why she was in the bus lane...while technical
issues can be winners, a reason for the contravention is always
good.
>
--- End Quote ---
This would be useful.
I'll draft a technical challenge over the next couple of days,
but knowing why she was in the bus lane would be useful.
#Post#: 7011--------------------------------------------------
Re: Reading Bus lane PCN
DIR By: bobthesod
Date: October 8, 2023, 10:26 am
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cp
had a word with her today. at least she was honest and 'didnt
know it was a bus lane!'
The only mitigation is that she very rarely visits Reading..in
fact if she is like me i havent driven in Reading since pre
covis..and it is only 15 miles away
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