Bus lane charge certificate

[Claitero]

Hi, I'm wondering if you could help me with this one. My mechanic was driving my van and entered a bus lane... This was on 27th december 2011. I waited for the original penalty but received none. I received Charge certificate on 16th March instead. I replyed to it with this :

 

 

 

Dear Sir/Madam

Thank you for your letter dated 16/03/2012 however this is the first correspondence received in regard to the above contravention. On 27/12/2012 the driver admitted accidental entering on a bus lane and wanted to pay or challenge the ticket straight away. As we are not aware of any other way to do it we waited for Notice to owner or Penalty charge notice which we never received. This may have been caused for many reasons and it did happen in the past. Please in your discretion re-send us a copy of the original PCN and allow us to pay the penalty.

 

 

And after a couple of days received:

 

 

 

Is there anything that can be done without the SoT? I'm abroad now due to work and it's much complicated to do...

 

Any help really appreciated.

[sailor sam]

You need to apply here to fill in a 'out of time' witness statement to try and get the charge certificate suspended;

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre

 

Out of the council's hands now. It will be passed to the bailiffs so you need to act quickly.

[Claitero]

What can I do about it from abroad? My wife went to local solicitors with the forms printed off the internet but they told her I have to be there myself.

[sailor sam]

What can I do about it from abroad? My wife went to local solicitors with the forms printed off the internet but they told her I have to be there myself.

 

Not sure TBH but you seem to making a habit of this;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348284-How-can-I-ask-for-Time-extension-from-abroad-(3-Viewing)-nbsp

 

Does the DVLA have the correct address for you vehicle? I ask because Its very odd that 2 different PCNs have been issued which have gone unchallenged due to not receiving anything through the post about either of them.

[Claitero]

Yes, the address is correct and I had another ticket I paid to the bailiffs. A friend of mine was driving the van from time to time and this is where all the tickets come from... I kept on passing them over to him but now it seems as I have to deal with it myself before I get more bailiffs.

[sailor sam]

Yes, the address is correct and I had another ticket I paid to the bailiffs. A friend of mine was driving the van from time to time and this is where all the tickets come from... I kept on passing them over to him but now it seems as I have to deal with it myself before I get more bailiffs.

 

What you should of done is provided his details on the NTO.

[Claitero]

Thanks Sailor, if you read the thread from the beginning you would know I never received one. From my previous experience, there is no part of NtO asking you to provide drivers details, what I've written was a kind of cold call if you may call it Thanks

[sailor sam]

Thanks Sailor, if you read the thread from the beginning you would know I never received one. From my previous experience, there is no part of NtO asking you to provide drivers details, what I've written was a kind of cold call if you may call it Thanks

 

I did which is why I made the remarks in post #4. I think you can indicate that you were not the driver at the time by ticking the relevant box and providing the driver's details. It may be the same section relating to vehicles on hire. I'm not sure how you can get round this without completing an out of time witness statement to get the charge certificate 'stayed'. You would need to state that you never received the NTO and that you wasn't the driver at the time. If this is accepted, that should put you back to the PCN stage.

[Claitero]

Yeah, you may be right, when filling an out of time, it's a kind of idea Still I need two more weeks before I come back to the UK and can get it all sworn. I'm afraid my wife might get some bailiff in the meantime... There is my vehicle on the driveway... Thanks

[sailor sam]

Yeah, you may be right, when filling an out of time, it's a kind of idea Still I need two more weeks before I come back to the UK and can get it all sworn. I'm afraid my wife might get some bailiff in the meantime... There is my vehicle on the driveway... Thanks

 

I suggest you try and arrange for it to be parked else where then. It will be the first thing they will go for.

[Aretnap]

What you should of done is provided his details on the NTO.

That wouldn't have done much good - the owner is liable for PCNs, not the driver.

 

If this "friend" keeps driving in bus lanes and then doesn't pay the PCNs for you then you shouldn't let him drive your van... not that it's much help with this one I'm afraid.

[Claitero]

Yeah, I know all this... Anything can do in the meantime?

[sailor sam]

That wouldn't have done much good - the owner is liable for PCNs, not the driver.

 

If this "friend" keeps driving in bus lanes and then doesn't pay the PCNs for you then you shouldn't let him drive your van... not that it's much help with this one I'm afraid.

 

Not necessarily. How do you explain 'owners' of hire cars being liable then?

[Aretnap]

Not necessarily. How do you explain 'owners' of hire cars being liable then?

The exception is where the owner is a hire company and the customer has signed a hire agreement accepting liability for PCNs. It has no relevance to a bloke lending his van to a mate.