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#Post#: 81103--------------------------------------------------
Havering, code 47J stopped on bus stop, Station Rd / Balgores Rd
RM2 (notice served late?)
DIR By: ynx
Date: July 15, 2025, 9:10 am
---------------------------------------------------------
Hi,
I'm seeking guidance and assistance with a PCN from the London
Borough of Havering for an alleged contravention of 47J -
Stopped on a restricted bus stop or stand.
The alleged contravention occurred on 16 June 2025, and the PCN
dated 11 July 2025 was received today, 15 July 2025.
- PCN:
HTML https://i.ibb.co/zTCG6jQW/pcn1.jpg
(please let me know
if you need the other pages as well)
- Video:
HTML https://drive.google.com/file/d/1bT9Ps_Dsg-NQcQR-2_x3c8IdA2ly_U2q/view?usp=sharing
- Google Street View:
HTML https://maps.app.goo.gl/YY9yKh7gXKJRT23d9
As you can see, the driver stopped at a bus stop for
approximately 10 seconds to pick up a passenger. The driver
didn't realise there was a clearway sign attached to the bus
stop pole further down (you can see on the video when the driver
realised while departing). Confusingly, there is a pole at the
beginning of the bay, right next to where the car stopped, with
no signage.
Additionally, I'd be grateful if someone could clarify the
timelines for me, as I'm not sure what dates are relevant (issue
or actual delivery?), and how the 28 days are calculated. The
PCN was received today, 15 July 2025 (Tuesday), despite being
issued on 11 July 2025 (Friday). If my math is correct, this
makes it 29 days after the alleged contravention (or 30 days if
the day of contravention is also counted).
I would like to understand if it makes sense to challenge this,
and if so, how should I phrase my representation?
Many thanks!
#Post#: 81132--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: fraser.mitchell
Date: July 15, 2025, 10:42 am
---------------------------------------------------------
2 days is allowed for the post, plus the 28 days limit on
service of a PCN.
#Post#: 81136--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: mrmustard
Date: July 15, 2025, 10:58 am
---------------------------------------------------------
Balgores Rd does not exist so deny the contravention on the
ground that you were not there
#Post#: 81168--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: H C Andersen
Date: July 15, 2025, 3:59 pm
---------------------------------------------------------
(6) Subject to paragraph (8), an enforcement authority may not
give a penalty charge notice under this regulation after the end
of the period of 28 days beginning with the contravention date
(“the 28-day period”).
Date of contravention: 16 June
Date of issue: Fri. 11 July
Deemed date of service: Tue. 15 July
Elapsed period: 30 days.
Prima facie it's void for being served out of time. The burden
is on the council to demonstrate that they may rely upon one of
the exemptions.
Paras. (7) and (8):
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/10
#Post#: 81175--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: mrmustard
Date: July 15, 2025, 5:27 pm
---------------------------------------------------------
The latest argument is the best one
#Post#: 81241--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: ynx
Date: July 16, 2025, 6:53 am
---------------------------------------------------------
Many thanks everyone for your help.
I will be making a representation based on the late service as
kindly suggested by H C Andersen.
--- Quote from: mrmustard link ---
>
> Balgores Rd does not exist so deny the contravention on the
ground that you were not there
>
--- End Quote ---
With regards to the location, I think they incorrectly refer to
Balgores Ln as Balgores Rd, which does exist and is near the
Station Rd in question (possibly to distinguish from other
Station Roads in the borough). Is such a small error enough to
deny the contravention? I remember seeing replies in other
threads
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/approved-device-council-pcn-contravention-47j-stopped-on-restricted-bus-stop/msg81029/#msg81029<br
/>that this kind of typo may be allowed by an adjudicator.
Considering the above, I'm wondering if it's worth tacking this
on as a secondary reason in the representation, or simply going
with the late service only. If so, should I mention explicitly
that it does not exist, or simply deny ever being/stopping on
it?
Here's a draft of what I'm planning to send them:
Dear Havering
Ref: PCN VRM
I make this formal representation against the said PCN:
The PCN is unenforceable because it was served after the 28-day
period had expired.
Date of contravention: 16 June
Date of issue: Fri. 11 July
Deemed date of service: Tue. 15 July
Elapsed period: 30 days.
Additionally, I did not stop on any part of Balgores Rd at the
time and date of the alleged contravention.
Therefore, please cancel it forthwith.
Yours faithfully
Any advice is welcome, thanks!
#Post#: 81247--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: fraser.mitchell
Date: July 16, 2025, 7:12 am
---------------------------------------------------------
Putting 'Road' instead of 'Lane' is surely not just a typing
error, it it ? I would include this in your reps.
#Post#: 81755--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: ynx
Date: July 20, 2025, 5:50 am
---------------------------------------------------------
Hi, I’ll be sending the above representation to Havering
tomorrow, unless anyone has any other suggestions? Many thanks!
#Post#: 81756--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: Hippocrates
Date: July 20, 2025, 6:07 am
---------------------------------------------------------
Failure to maintain signage and where does it actually begin?
Another fun one from Havering.
#Post#: 81760--------------------------------------------------
Re: Havering, code 47J stopped on bus stop, Station Rd /
Balgores Rd RM2 (notice served late?)
DIR By: ynx
Date: July 20, 2025, 6:16 am
---------------------------------------------------------
Thanks Hippocrates, I’ll look for other cases here with similar
defects and try to come with a draft 👍
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