Bus lane ticket

[Chriiiiiiiis]

I've had a bus lane ticket. Sorry

 

The council have sent a PCN with a photo of my car entering the bus lane.

 

The date of posting the notice was 15-06-2010. Detection date was 25-05-2010. I know that they have to serve the notice within 28 days, which they have done.

 

However, I was reading on this site: How to appeal parking tickets, bus lane tickets, yellow box junction and moving traffic tickets, that the PCN has to state "that if the penalty charge is paid before the end of the period of 14 days beginning with the date of service of the notice, the penalty charge will be reduced by one half;"..

 

The ticket states that if I pay by 26 June that it will be discounted by 50%.

 

26 June is 11 days from 15 June?

 

Is my ticket valid? Where have they got 26 June from?

[green_and_mean]

post up the PCN so we can see the whole thing

[Chriiiiiiiis]

 

Thanks for replying.

[green_and_mean]

The PCN is rubbish for various reasons including the incorrect date as you pointed out.

[green_and_mean]

5) A penalty charge notice must state—

 

 

• (a) the registration mark of the vehicle involved in the alleged contravention;
   
  (b) the detection date and the time at which the alleged contravention occurred;
   
  © the reasons why the authority believe that a penalty charge is payable;
   
  (d) the amount of the penalty charge;
   
  (e) that the penalty charge must be paid before the end of the 28 day period;
   
  (f) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of service of the notice, the penalty charge will be reduced by one half;
   
   
  

This is missing whilst it does give a date for the discount it does not explain your legal rights and they cannot know the date of service so whilst it is deemed to be two working days after posting the lack of information on the discount period along with the wrong date invalidates the PCN.

It also states on the back you should appeal within 28 days of this notice it should be before the end a period of 28 days starting with the day of service of the notice and the use of within also shortens the period by a day.

Edited June 17, 2010 by green_and_mean

[Chriiiiiiiis]

Many thanks, I really appreciate your response.

 

Do you want me to post the back of the ticket up?

 

If the ticket is definitely invalid, what do I say on any letter that I send to them?

[TheBogsDollocks]

In any appeal also include the following paragraphs.

 

” Paragraph 5 of The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions)(England)(Amendment) Order 2008 has effect to modify section 144(3) of the Transport Act 2000. Due to this modification section 144(3) now advises;

 

144(3) An authority is an approved local authority if—

(a) an order designating the whole or any part of its area as a civil enforcement area for parking contraventions has been made under paragraph 8(1) of Schedule 8 to the Traffic Management Act 2004, and

(b) the relevant national authority has made an order specifying it as an approved local authority for the purposes of this section.

 

Paragraph 8(1) of Schedule 8 to the Traffic Management Act 2004 states;

 

8(1) The appropriate national authority may, on an application under this paragraph, make an order designating the whole or part of a local authority's area as a civil enforcement area for parking contraventions.

 

The Council did not acquire CEA designation by virtue of paragraph 8(1) of Schedule 8 of the Traffic Management Act 2004. The Council acquired CEA designation by virtue of paragraph 8(4) of Schedule 8 of the Traffic Management Act 2004 given below;

 

8(4) An order in force immediately before the commencement of this Part of this Act designating an area outside Greater London as a permitted parking area and special parking area under paragraphs 1(1) and 2(1) of Schedule 3 to the Road Traffic Act 1991 (c. 40) has effect on and after the commencement of this Part of this Act as an order under this paragraph designating the area as a civil enforcement area for parking contraventions.

 

As section 144(3) of the Transport Act 2000 does not include in its definition of an “approved local authority” those Councils that acquired CEA designation by virtue of paragraph 8(4) of Schedule 8 of the Traffic Management Act 2004, the Council is no longer considered to be an “approved local authority.”

 

As regulation 3 of the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement)(England) Regulations 2005 only makes provision for “approved local authorities” to impose penalty charges in relation to bus lane contraventions, the Council is acting ultra vires and unlawfully since the Council no longer satisfies the qualifying criteria for being an approved local authority.

 

Therefore, I require the Council to cancel this penalty charge forthwith and to immediately cease enforcing bus lane contraventions until an amendment to section 144(3) of the Transport Act 2000 is enacted by statute. The Council should also cancel all outstanding bus lane penalty charges and consider restitution for the monies unlawfully derived since 31st March 2008.”

Edited June 18, 2010 by TheBogsDollocks

[lamma]

Nice !

[corno169]

Hi, I was wondering if this would help me.

 

I recieved a fine for driving in a bus lane.

 

I ignored it, then when the fine went up I rung up Barking council to pay on there automated line. I thought the payment had gone through.

 

I have recived no further correspondence in 12 months so rightly persumed the fine had been paid.

 

However today my car was clamped because this payment had NOT been made. I rung my bank who confirmed this. So somewhere along the line the payment didnt process.

 

I have now paid £760 to the clampers!!!!!

 

What can I do to get this money back??

 

Surely that amount is excessive!!!

 

Thanks