Bus Lane

[gavmoulds]

Just to start........I am getting dismayed at the amount of dirty tricks employed by Councils to Rape motorists of money.

 

Any way.....short time ago I was visiting Plymouth. Went down a road approaching some traffic lights and drifted into the appropriate lane.

 

It was a Bus lane...there were cameras...and the next is self explanatory.

 

Received the ticket...my wife took and stated that we should get that paid and i genuinely didnt see it again assuming that she had paid it.

 

As it happens she hadnt and I subs received a notice for the higher amount.

 

I went onto the Council website and completed the webform asking if I could pay the initial amount due to the genuine oversight and sent my huge apologies.

 

THIS HAS BEEN COMPLETELY IGNORED AND I NOW HAVE AN ENFORCEMENT NOTICE WITH A THREAT OF COURT ACTION.

 

And apparently the only way I can deal with this is make a statutory declaration about it. However, there are only a couple of options with this neither of which applies to me.

 

Once again......motorists being screwed.

[Jamberson]

Is there not an option for saying that you made representations and did not receive a reply? Because if there is, that is the one for you. A representation is an appeal, and you appealed against the charge increase. You are entitled to a reply before further demands are made.

[Conniff]

I agree with your first line. What junction was it ?

[Michael Browne]

You could have paid the discounted penalty within 14 days. You could have made representations within 28 days. You did neither, but you seem to be blaming the council for not allowing you to pay a lower amount when they have followed the enforcement procedure, yet you haven't.

 

Although you say it was a genuine oversight, that is not a ground for appeal. If it was, we'd all be doing the same.

 

Unfortunately you don't have any grounds for a statutory declaration either, so unless you want bailiffs clamping your car, you don't have any option but to pay.

[gavmoulds]

Thanks for your less than helpful and less than positive response.

 

You may not be human but I am.

 

As I explained I did contact them and they have ignored my contact.

 

If you want to pee on everyones bonfire then you are in the wrong forum.

 

If you do not like my lack of attention to the authorities then keep your opinion to yourself.

 

You could have paid the discounted penalty within 14 days. You could have made representations within 28 days. You did neither, but you seem to be blaming the council for not allowing you to pay a lower amount when they have followed the enforcement procedure, yet you haven't.

 

Although you say it was a genuine oversight, that is not a ground for appeal. If it was, we'd all be doing the same.

 

Unfortunately you don't have any grounds for a statutory declaration either, so unless you want bailiffs clamping your car, you don't have any option but to pay.

[Michael Browne]

 

As I explained I did contact them and they have ignored my contact.

 

.

 

Yes you did......but not until you had missed the opportunity to make representations.

 

Just to be clear, which of these have you received since the original PCN:

a) Enforcement Notice

b) Charge Certificate

c) Order for Recovery.

[Jamberson]

See my post 2. Does this apply?

[rds60h]

Gavmoulds, I know that Michael Browne's posts may seem harsh and uncaring but I'm afraid that is just his style.

MB and Jamberson are quite knowledgeable on these circumstances and will help out as much as possible, Jamberson's suggestion in post #2 seems quite possible and it would also be worth replying to MB's quetion in post #6 about what paperwork you have received since the original PCN as that can also offer different solutions.

Don't give up without a little bit of research and questioning, I have had much worse "negative" feedback from a few others on here before now, but on the whole most are here to help and share their knowledge and experience.

[Pocket Nines]

THIS HAS BEEN COMPLETELY IGNORED

No surprise; There is no statutory duty on the Council to reply at that stage.

 

AND I NOW HAVE AN ENFORCEMENT NOTICE WITH A THREAT OF COURT ACTION.

There is no such document, with that title, in the process. Perhaps you could clarify what it is you received?

Neither is there a threat of "Court action"; The debt would just be registered at the Traffic Enforcement Centre and, if you didn't pay, would be passed to bailiffs.

 

And apparently the only way I can deal with this is make a statutory declaration about it. However, there are only a couple of options with this neither of which applies to me.

Correct; From what you've said, you have no grounds to complete a Statutory declaration and your only option is to pay. Unless I have misunderstood something you've said.

[Jamberson]

There is such a thing as an enforcement notice for bus lanes.

 

Have a read of this: http://www.patas.gov.uk/tmaadjudicators/enforcement_buslane.htm

 

Section 2 details enforcement notices. Section 4 explains the council's obligations if a rep is made, including an obligation to reply. And the section on Statutory Declarations states that you may make one, if you submitted a rep and had no reply.

[Pocket Nines]

LOL.

There is no such thing as an 'Enforcement Notice' in the statutory process concerned with this case.

 

The alleged contravention was in Plymouth, he states.