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#Post#: 124688--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: fraser.mitchell
Date: July 14, 2026, 1:43 pm
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I make it about 6 months from their rejection of your original
reps, so this must surely be a very strong candidate for the PCN
to be cancelled due to the unfairness of sending the EN over 6
months after the date of the rejection notice.
Something to go in any reps to London Tribunals, I think.
#Post#: 124698--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: Hippocrates
Date: July 14, 2026, 2:43 pm
---------------------------------------------------------
Has anyone spotted what is wrong with the Enforcement Notice
yet? I am staying silent. Clue: top right hand corner.
#Post#: 124699--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: ILoveCats123
Date: July 14, 2026, 2:45 pm
---------------------------------------------------------
The date of service?
Which says 15/07/2026, which is impossible as you cannot have
served something in the future.
#Post#: 124700--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: Hippocrates
Date: July 14, 2026, 2:54 pm
---------------------------------------------------------
Exactly. Similar case:
HTML https://drive.google.com/file/d/1O7kIQFdzDtEh2POT6Z6sbcuRmIg4jN-n/view
It truncates the period in which you can make representations. I
will deal with this one please from here on. Also it prescribes
the date of service which is wrong in law. Perhaps Dr Who wrote
that document?
#Post#: 124712--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: fraser.mitchell
Date: July 14, 2026, 4:24 pm
---------------------------------------------------------
--- Quote from: ILoveCats123 link ---
>
> The date of service?
>
> Which says 15/07/2026, which is impossible as you cannot have
served something in the future.
>
--- End Quote ---
I'm not sure that is unreasonable, if the EN is posted two days
earlier which was yesterday, or maybe last Friday 10th July. I
say this because Schedule 1 of the LLA Act 1996 says this
regarding EN content: -
--- Quote ---
> (2)An enforcement notice must state—
>
> (a)the amount of the penalty charge payable;
>
> (b)the grounds on which the council believe that a penalty
charge is payable with respect to the vehicle;
>
> (c)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date on which the
enforcement notice is served;
>
> (d)that failure to pay the penalty charge may lead to an
increased charge being payable;
>
> (e)the amount of that increased charge;
>
> (f)that the person on whom the notice is served may be
entitled to make representations under paragraph 2 below; and
>
> (g)the effect of paragraph 6 below.
--- End Quote ---
So really the "served on" date is an anticipated date based on
postage times and therefore tells the recipient that the council
will start counting the 28 days from that date. Of course the
word "anticipated" isn't on the EN. so maybe it is wrong.
#Post#: 124720--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: Hippocrates
Date: July 14, 2026, 5:06 pm
---------------------------------------------------------
You have agreed with my point! It should simply show the date of
the notice.
Website:
There was no breach of the bus lane order / regulation
I was not the owner of the vehicle at the time the contravention
occurred
The vehicle had been taken without the keepers consent (i.e. it
was stolen)
The police are taking action for the same offence
I am a key worker
I wish to make representations about this PCN for other reasons
*********
Also, let's not be shy: please show the name of the officer who
signed the rejection letter as they are public servants.
#Post#: 124722--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: ILoveCats123
Date: July 14, 2026, 5:36 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=ILoveCats123 link=topic=9128.msg124699#msg124699
date=1784058335]
> The date of service?
>
> Which says 15/07/2026, which is impossible as you cannot have
served something in the future.
>
--- End Quote ---
I'm not sure that is unreasonable, if the EN is posted two days
earlier which was yesterday, or maybe last Friday 10th July. I
say this because Schedule 1 of the LLA Act 1996 says this
regarding EN content: -
--- Quote ---
> (2)An enforcement notice must state—
>
> (a)the amount of the penalty charge payable;
>
> (b)the grounds on which the council believe that a penalty
charge is payable with respect to the vehicle;
>
> (c)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date on which the
enforcement notice is served;
>
> (d)that failure to pay the penalty charge may lead to an
increased charge being payable;
>
> (e)the amount of that increased charge;
>
> (f)that the person on whom the notice is served may be
entitled to make representations under paragraph 2 below; and
>
> (g)the effect of paragraph 6 below.
--- End Quote ---
So really the "served on" date is an anticipated date based on
postage times and therefore tells the recipient that the council
will start counting the 28 days from that date. Of course the
word "anticipated" isn't on the EN. so maybe it is wrong.
[/quote]
I did think this but I was just responding to Hippocrates as to
what I thought could potentially be wrong
#Post#: 124723--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: ILoveCats123
Date: July 14, 2026, 5:39 pm
---------------------------------------------------------
Hadn't intentionally redacted it. Just didn't post this part of
the rejection.
HTML https://i.ibb.co/BVCShZtm/Screenshot-2026-07-14-233822.png
HTML https://ibb.co/ccr7WF1P
#Post#: 124749--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: Hippocrates
Date: July 15, 2026, 3:37 am
---------------------------------------------------------
In days past, the learned adjudicator Hugh Cooper used to allow
decisions re Notices to Owner which prescribed the date of
service. This EN is clearly flawed: if it had said the date of
the notice and something like "the date of service is usually
assumed to be two working days according to The Interpretation
Act", there would be no criticism. As it stands, however, it is
arguable - rather, it will be argued - that this is akin to a
procedural impropriety and the council will be faced with a
lengthy document on the jurisdiction to entertain a collateral
challenge in this very regard.
#Post#: 124765--------------------------------------------------
Re: Bus lane PCN Southwark Council
DIR By: fraser.mitchell
Date: July 15, 2026, 5:23 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> In days past, the learned adjudicator Hugh Cooper used to
allow decisions re Notices to Owner which prescribed the date of
service. This EN is clearly flawed: if it had said the date of
the notice and something like "the date of service is usually
assumed to be two working days according to The Interpretation
Act", there would be no criticism. As it stands, however, it is
arguable - rather, it will be argued - that this is akin to a
procedural impropriety and the council will be faced with a
lengthy document on the jurisdiction to entertain a collateral
challenge in this very regard.
>
--- End Quote ---
Fair enough. If only councils would actually read what a PCN
must contain they would not have the dreadful reputations they
have now
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