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#Post#: 82799--------------------------------------------------
Southampton CC 33E Using route restricted to cereain vehicles,
Castle Way bus gate
DIR By: chris_w
Date: July 26, 2025, 6:46 am
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Hi folks,
I've just received a PCN nearly 2 months after the alleged
contravention. The driver is relatively new to driving in the UK
and didn't know what bus gate meant, and saw the roundabout
ahead as the safest option for turning around. Not a defense,
this is just what happened.
I'm wondering if there are any grounds for appeal.
From my own reading, taking 57 days to issue the notice should
be sufficient to argue procedural impropriety.
I'm also not sure that all of the statutory grounds for appeal
are listed on the PCN, specifically that the conduct
constituting the contravention is the subject of criminal
proceedings, or a fixed penalty notice is given in respect of
that conduct.
Thanks in advance for any advice you are able to offer!
GSV:
HTML https://maps.app.goo.gl/f6hga3mWQo6AiYPY6
Video
HTML https://drive.google.com/file/d/1pa5EdjrKI6FVzKEE5l9EtD3YAccCUrhd/view?usp=sharing
All pages of PCN:
HTML https://i.imgur.com/bVxbA2j.jpeg
HTML https://i.imgur.com/QbERrwR.jpeg
HTML https://i.imgur.com/1LB5Rqe.jpeg
HTML https://i.imgur.com/oTrAWxC.jpeg
#Post#: 82849--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: fraser.mitchell
Date: July 26, 2025, 12:14 pm
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Is it a hire or lease car ? If so, the first PCN goes to them.
If not, then they are out of time to serve the PCN
#Post#: 82871--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: chris_w
Date: July 26, 2025, 4:17 pm
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Thanks for the quick response! No, it's not a hire or lease car.
#Post#: 82875--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: chris_w
Date: July 26, 2025, 4:56 pm
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Sounds like I should be selecting the "There has been a
procedural impropriety by the enforcement authority option" and
making a representation along the lines of:
This PCN was issued after the end of the period of 28 days
beginning with the date of the alleged contravention.
In light of please cancel the PCN.
Is that the correct course of action, and are there any changes
you'd suggest to my draft representation?
#Post#: 82884--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: fraser.mitchell
Date: July 26, 2025, 6:37 pm
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Looks like they are unlawfully trying it on. And it works too,
because >95% of people getting a PCN just cough-up !
Yes, submit reps based on procedural impropriety on the basis
that the PCN has been served outside of the 28 day period
allowed in law. Post up their reply when you get it.
The above is on the assumption that you are the registered
keeper with your name and address on the V5C Registration
Certificate.
#Post#: 82897--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: chris_w
Date: July 27, 2025, 3:59 am
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Will do.
Yes, I am the registered keeper and my name and address on V5C
are correct and have been since long before this.
For the benefit of anyone who might read this in the future, the
URL given in the How to make representations against the Penalty
Charge section leads to the parking fine page of the council
website, which only refers to parking. Clicking through from
there as if challenging a parking fine seems to work, as it
finds the PCN and shows the photos and videos. There is a
separate bus lane penalty charge page, not referenced in the
PCN, that ultimately links through to the same form to challenge
a PCN.
Actual representation submitted:
I challenge this PCN on the grounds that the PCN was given
outside the 28 day period allowed in law.
Please cancel the PCN.
Thank you for your help! I'll post an update when I get a
response.
#Post#: 82950--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: volvo2025
Date: July 27, 2025, 8:24 am
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Hello mate, I’m in the exact same boat as you. Same junction
same two month delay… Southampton are taking the **** aren’t
they?
Where did you get that video from?
--- Quote from: chris_w link ---
>
> For the benefit of anyone who might read this in the future,
the URL given in the How to make representations against the
Penalty Charge section leads to the parking fine page of the
council website, which only refers to parking. Clicking through
from there as if challenging a parking fine seems to work, as it
finds the PCN and shows the photos and videos. There is a
separate bus lane penalty charge page, not referenced in the
PCN, that ultimately links through to the same form to challenge
a PCN.
>
--- End Quote ---
Thanks mate this is really helpful
#Post#: 82953--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: chris_w
Date: July 27, 2025, 9:02 am
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To get the video, follow the links to challenge a parking fine,
enter your PCN details then it should show you the still images.
Underneath those is a black box with some text over the top.
Click on that and it will download a .aspx file. That's actually
the video. You can then open that with a media player (I used
VLC) or upload it to Google drive to play it.
I did this using a computer, not on a phone. Not sure if it's
different on a mobile device.
#Post#: 88009--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: chris_w
Date: September 1, 2025, 10:57 am
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Received notice of rejection of representations today.
Apparently DVLA did not provide details of the registered keeper
in time to serve the notice within 28 days, which allows a
further 6 months.
Notice of rejection can be found here
HTML https://drive.google.com/file/d/1AO4lGZwtn7zAHQxdQg9BEWfcoBiAVUKT/view?usp=drive_link
Looks like this is moving in lock step with volvo2025's case
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-issued-60-days-after-bus-gate-contravention-by-southampton-city-council/<br
/>involving the same bus gate.
Are there any further steps you'd suggest, or just cough up at
this point?
#Post#: 88044--------------------------------------------------
Re: Southampton CC 33E Using route restricted to cereain
vehicles, Castle Way bus gate
DIR By: Enceladus
Date: September 1, 2025, 7:24 pm
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In parallel you could submit a Subject Access Request to the
DVLA
HTML https://assets.publishing.service.gov.uk/media/62692f63d3bf7f0e7d5b3dc6/make-a-subject-access-request-to-dvla-form-mis1065_270422.pdf.<br
/>Ask for the dates and origin of all requests received for the
Registered Keeper details since the 1st May 2025. And the dates
of their responses to these requests.
FYI the requests are received and the responses are sent the
following day, all via a secure EDI link. So the lengthy delay
you have experienced is likely at the Council end and not with
the DVLA.
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