Got a letter from Northampton Court on behalf of Harrow Council,

demanding £195.00 for being in a bus lane on the 16/03/2015 at 11.28.

I never received any letter from Harrow Council about this offence,

the time indicated 11.28 is strange as the bus lane restrictions are 0700-10.00 and 16.00-19.00hr and this has always been the case since the restrictions were applied.

The penalty charge notice gives the correct reg in the photo and you can clearly see the make of my car but vehicle make is stated as unknown.

This is very strange,

my question is how do I go about replying,

I know I can state I did not receive the notice to owner to take it back to the first stage,

nor appealing against the charge or receiving no reply to an appeal..

What do I do and why over two and half years to get this letter

The first thing you must do, and do this within 28 days, is to notify Northampton County Court of your intention to defend this claim. Then pop along to the site where the alleged infringement took place, and photo any signs that show the time of operation of the bus lanes.

You need to build a case against the council, so request photographic evidence of the driver of the car. You may only be the registered keeper, and not driving it that day. You are asking the council to prove their allegation at every step of the way.

When you have gathered all this information together, you then send it to Northampton as your defence. They will pass this onto Harrow Council. Also state on your defence that you want this transferring to your local county court, not Northampton. That is not a proper court, it is nothing more than a rubber stamping office.

Keep a record of your time and costs. You can claim £18 an hour for research and defending this vexatious claim. The burden of proof rests soley with Harrow Council. It wouldn't hurt to ask Harrow for all information they have on this alleged offence, including any previous letters they claim they have sent. They can't do nothing and then go straight to Northampton.

It sounds like you have been sent a Charge Certificate?

If so, wait for the Order for Recovery and then submit a witness statement to TEC, that you didn't receive the original PCN.

This will set the PCN back to the NTO stage.

When you have gathered all this information together, you then send it to Northampton as your defence.

No you don't

 

They will pass this onto Harrow Council.

No they won't

 

Also state on your defence that you want this transferring to your local county court, not Northampton.

This is a PCN, no county court is involved at any stage

Just wait for the OfR. Details of how to make a witness statement are supplied with it

can I just 100% check

this WAS a Council Penalty Charge Notice

not a Private Parking Company parking charge notice

as northants county court would NEVER be involved with a council fine

only a private invoice that they got a default CCJ over..

The address of the alleged offence does not have a postcode and the road in question is a mile long,

there is one stretch of a bus lane which is about one hundred metres and does have the restriction of 07.00-19.00hr but the photo doesn't show it,

I know that bus lane and I have lived in the area for over twenty years,

so I am fully aware of the bus lane times,

I will heed your advice and will make the defence....Thank you

The first thing you must do, and do this within 28 days, is to notify Northampton County Court of your intention to defend this claim. Then pop along to the site where the alleged infringement took place, and photo any signs that show the time of operation of the bus lanes.

 

You need to build a case against the council, so request photographic evidence of the driver of the car. You may only be the registered keeper, and not driving it that day. You are asking the council to prove their allegation at every step of the way.

 

When you have gathered all this information together, you then send it to Northampton as your defence. They will pass this onto Harrow Council. Also state on your defence that you want this transferring to your local county court, not Northampton. That is not a proper court, it is nothing more than a rubber stamping office.

 

Keep a record of your time and costs. You can claim £18 an hour for research and defending this vexatious claim. The burden of proof rests soley with Harrow Council. It wouldn't hurt to ask Harrow for all information they have on this alleged offence, including any previous letters they claim they have sent. They can't do nothing and then go straight to Northampton.

Unfortunately some, if not most, of this is inaccurate.

You cannot transfer this to a local county court as they do not have jurisdiction. The Traffic Enforcement Centre in Northampton was established for the purpose of processing statutory declarations and witness statements in relation to decriminalised enforcement.

The driver of the vehicle is irrelevant as owner liability for the penalty charge applies. Photographic evidence of who this is would be of no value.

The TEC will not be interested in representations against the penalty charge, this is not their concern. Their purpose is to reset the appeal process where a step has been missed and/or where statutory procedures have not been followed. This applies to BOTH sides.

You can claim costs but £18 per day is not an established figure. Costs can be applied for, by either side, to the adjudicator at the independent tribunal (either London Tribunals or Traffic Penalty Tribunal) but these are rarely awarded.

The burden of proof does NOT rest with the authority. This is not a criminal case, it is a civil one. If it goes to appeal, the adjudicator will decide the matter based on the balance of probabilities. Their decision is binding on both sides but are not precedents.

Finally, this is not an 'offence' as that relates to criminal activity. It is an alleged contravention.

Clear, correct advice. Thanks for posting.