Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default PCN for stopping at a bus stop

    Hi, can anybody offer advice on the following. My partner has received a pcnicon from Ealing Council for '47J Stopped on a restricted bus stop/stand'. This took place on 13th August 08, the PCN is dated 15th October. As it's over two months ago, my partner cant really remember what happened. The CCTV photos appear to show him stopped there for 5 seconds. Does anyone know if councils are supposed to inform you of a contravention within a certain number of days? If they make a habit of doing this, it is obvious anyone's memory would become sketchy and so they just pay up! Also this happened 4 days after a family bereavementicon, and it could have been anyone of another 3 family members, as they were using the car to run around to make arrangements.

    Be grateful for any advice please.

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  2. #2
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    Default Re: PCN for stopping at a bus stop

    Is the car registered to him at his address - or is it a lease car/staff car?
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  3. #3
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    Default Re: PCN for stopping at a bus stop

    The car is registered to him at his address.


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    Default Re: PCN for stopping at a bus stop

    Quote Originally Posted by gmatlock View Post
    The car is registered to him at his address.
    If the car is registered to him and there is no reason that the pcnicon didn't get to him earlier (i.e. the address on the V5 is correct showing his current address) then I think the PCN may be issued out of time and therefore be invalid.


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    Default Re: PCN for stopping at a bus stop

    when was the car registered at that address - Date is on the V5c


  6. #6
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    Default Re: PCN for stopping at a bus stop

    In normal circumstances they have to get it to you in 28 days. Apart from certain circumstances for lease/hire vehicles there is a possible extension for Councils. That is, if DVLA cock up basically.

    Here is the actual legislation.

    (4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officericon, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

    (5) Paragraph (6) applies where—

    (a)
    within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;

    (b)
    an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)(c); or

    (c)
    an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.

    (6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—

    (a)
    in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or

    (b)
    in a case falling within paragraph (5)(b) or (c), for a period of 4 weeks beginning with the appropriate date.

    (7) In this regulation—

    (a)
    “the appropriate date” means—

    (i)
    in a case falling within paragraph (5)(a), the date referred to in paragraph (4);

    (ii)
    in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 23(5)(d); or

    (iii)
    in a case falling within paragraph (5)(c) the date on which the previous regulation 10 penalty charge notice was cancelled; and

    (b)
    “relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.


    As many Councils have a direct link to DVLA records then there is normally no excuse for delay but this is reliant on the DVLA record being accurate.

    Not challenged one on this ground before so unsure of best angle of attack.

    Obviously you need to establish what happened. One way is an informal challenge and see what the response is - but better if you have something else to fall back on as well - i.e. 'stopped in emrgency' ? Hard to recall after this time and as you say you don't even know who to ask.
    Another way is just by phoning and asking and see what information you can get out of them.

    -


  7. #7
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    Default Re: PCN for stopping at a bus stop

    Oh well. Ho hummmm.
    -



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