Thread: P C N Not received

Hi,

Just received an enforcement notice from Barking and Dagenham council. I foolishly entered a bus lane early to turn left as a tail back building and nothing in front of me. Hands up, I am guilty. Thing is I have never received a pcn, just this enforcement notice dated 20/5/09. Offence took place on 11/4 and the form states a PCN was issued on 22/4. have no problem with the mail where I live but do have a good knowledge of the workings of the LA. I don't doubt the PCN was never sent out. Seems a real rip off to me that I have to pay £120 and have been denied the opportunity to pay £60. Can anybody advise?
Thank you

Ask for a copy of the original pcn as it wasn't received. They should be able to reproduce it straight away, if they can't that would suggest it was never printed in the first place (not that I am suggesting the council would be trying it on ) If they aren't forthcoming with the original PCN then that could be grounds for an appeal based on "procedural impropriatey".

How much of the bus lane did you encrouch upon? There may be a possibility of a "de minimus" defence (although this is a London PCN and they seem to use the motorist as a bottomless cash machine even more so than the rest of the country)
Not sure if you can get the discount period re-instated because you didn't get the first PCN, maybe G&M could confirm?

Thank you for replying so swiftly. I pulled into the lane but some clown switched lanes in front of me to undertake therefore holding me up until the lights changed. Don't expect to get off as I am bang to rights, just peeved that they have gone straight for the full fine. They are absolutely incompetent and idle- can't reveal how I know this - and I don't doubt they will lie or say it must have got lost in the post. This technique of going for the higher fine first is an old one used by dodgy bailiffs and the like who often claim this is their second visit not their first and therefore charge more. I know because in another life, years ago, I have worked with many of them. I was wondering if I could make a statutory declaration to the effect that they have not followed the correct procedures?

Whatever you may think of the Council its highly unlikely they would carry out such a fraudulent practice just to avoid you paying the discount. The chances are it did get lost in the post as does 15 million other items of post each year. I regulary receive items for people correctly addressed that live streets away for no reason whatsoever other than an incompetant postie.

But more importantly G&M, is there any chance of appealing that the original pcn was not received hand having the fine reset to the discount period?

Originally Posted by crem

But more importantly G&M, is there any chance of appealing that the original pcn was not received hand having the fine reset to the discount period?

You can appeal at the enforcement notice stage and you have nothing to lose by claiming the process has not been followed.