DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 82946--------------------------------------------------
PCN issued 60 days after bus gate contravention by Southampton
City Council
DIR By: volvo2025
Date: July 27, 2025, 8:01 am
---------------------------------------------------------
Hello all
A PCN for a bus gate contravention was delivered to me 60 days
after the event. It is not under dispute that the contravention
occurred.
Is the notice still valid given that it wasn’t issued until 60
days after the event? I’m sure I read somewhere that the council
have 28 days unless there was an issue with the DVLA.
As this is the second notice I have received for this specific
bus gate in a fortnight, (Contravention date: 27/06/25, issue
date 04/07/25) I feel that there was no issue with the DVLA and
they’ve just dragged their feet processing a backlog of notices.
Do I have any grounds to ask for this to be dismissed on the
basis of the lateness of the notice?
Thanks in advance
---------------------------------------------------------
HTML https://i.imgur.com/BkXaJeP.jpeg
#Post#: 82949--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: volvo2025
Date: July 27, 2025, 8:06 am
---------------------------------------------------------
Turns out someone else on the forum has had the exact same
issue!
I’ll take the advice from that thread
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/southampton-cc-33e-using-route-restricted-to-cereain-vehicles-castle-way-bus-gat/
#Post#: 82955--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: John U.K.
Date: July 27, 2025, 9:04 am
---------------------------------------------------------
Not sure what happened with your PCN image - try this
HTML https://i.imgur.com/BkXaJeP.jpeg
#Post#: 82972--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: fraser.mitchell
Date: July 27, 2025, 10:49 am
---------------------------------------------------------
Before you go rushing off to submit representations, please tell
us if this is a leased or hired car. If so, the first PCN will
be served to them as holders of the V5C Registration
Certificate.
HOwever, I suspect somebody's turned up a load of old videos and
is unlawfully serving PCNs beyond the 28 day limit allowed by
law.
#Post#: 82978--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: volvo2025
Date: July 27, 2025, 11:49 am
---------------------------------------------------------
Hello thanks for the reply
The car is owned wholly by me. I am the registered keeper. As my
circumstances seemed identical to the other poster, I simply
used the same message as them:
--- Quote ---
> >"There has been a procedural impropriety by the enforcement
authority option"
> >
> >I challenge this PCN on the grounds that the PCN was given
outside the 28 day period allowed in law.
> >
> >Please cancel the PCN.
--- End Quote ---
#Post#: 87994--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: volvo2025
Date: September 1, 2025, 9:21 am
---------------------------------------------------------
I’ve just had a ‘notice of rejection of representations’ from
Southampton council citing delays from the DVLA as the reason
the fine is still valid.
I don’t fully believe this because two weeks before I received
this PCN, I received a different PCN for the same bus gate
within a week of driving through.
Is there any recourse from here?
I have attached the email from the council
#Post#: 87996--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: volvo2025
Date: September 1, 2025, 9:35 am
---------------------------------------------------------
Here is a link to the pdf from the council
HTML https://www.dropbox.com/scl/fi/y9vijkh5jlgrynjxtqwd1/SN59589623-2.pdf?rlkey=oe4yvxy14ge869xh7jq2xwdnr&st=vyyvxq8c&dl=0
#Post#: 88015--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: H C Andersen
Date: September 1, 2025, 11:27 am
---------------------------------------------------------
I'd write back.
If the authority are relying upon an exemption to the 28-day
limit, then they are obliged to establish their entitlement:
'not in a timely manner' is insufficient.
The authority are required to show:
When they requested the keeper's details;
The date on which these details were provided by the Secretary
of State.
#Post#: 88042--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: Enceladus
Date: September 1, 2025, 6:18 pm
---------------------------------------------------------
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 13th Jan 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.
#Post#: 91729--------------------------------------------------
Re: PCN issued 60 days after bus gate contravention by
Southampton City Council
DIR By: volvo2025
Date: September 27, 2025, 9:12 am
---------------------------------------------------------
Thanks for the useful responses guys. Unfortunately I forgot all
about this until today.
I have visited their Southampton website in attempt to pay and
seen the fee is now £75 despite the letter stating that the fee
will not increase until 28 days after the rejection of
representations was served.
The notice was served on the 1st of September, today is the
28th.
I’ve tried to phone the council but they are closed.
Any advice on what to do now?
*****************************************************
Page 1 of 4
DIR Next Page