payment wanted after two and a half years

[Spaceman69]

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.