Enforcement Notice issued 7 months later | Legal matters | Back Room Forum

What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks

Fri 28 Jul 2017 20:09

Enforcement Notice issued 7 months later - Sorry Driver

Hi,

I hope someone within this community can help me. I was mortified to find an Enforcement Notice relating to a Penalty Charge Notice issued on 19/05/2017. The notice relates to an offence which occured on the 08/01/2017 where I apparently drove down a restricted traffic access (busses only) road.

Having done some research online this particular road, and inherant lack of signage, have caught many people out- including some locals.

The contravention is described as follows: 34j; Being in a bus lane - camera enforcement.Location; In Lewisham High St between jcts of Albion Way and Limes Grove.

If I am in the wrong I am more than willing to pay however, I am keen to clarify the following:

1) If there is some sort of cut off date whereby a local authority is not able to pursue an offender? Or if they have a duty to communicate the contravention within a certain time limit

2) If there was indeed adequate and appropriate signage (link below)

3) Based on the above whether I have the grounds to appeal

4) They did not provide video evidence of the contravention nor did they provide a link for me to see it for myself

Now I appreciate that many of you will not know the area in questin hence why I have provided supporting links with information to help you advise me.

Finally, I did not recience the PCN they refer to but have recieved the enforecement notice, which of course demands £130.00 within 28 days

www.pepipoo.com/forums/lofiversion/index.php/t1022...l.

PLEASE someone help!!

Thanks in advance

David

Edited by Sorry Driver on 28/07/2017 at 20:12

Reply | Report as offensive | Link

Sat 29 Jul 2017 16:11

Enforcement Notice issued 7 months later - Bromptonaut

As it was a bus lane in London am I correct in assuming penalty was issued by Transport for London?

If so the basics of process are set out here:

tfl.gov.uk/modes/driving/red-routes/penalty-charge...0

Normally they have 28 days to issue the PCN, or at least that's the case outside London. I cannot find the London specific legislation which refelcts fact that capital got bus lane powers before rest of England and Wales.

There are probably exceptions for hire vehicles allowing extra time for the hire company to 'dob you in'. Hire vehicles doesn't just cover day hire, it will also cover examples like courier vans hired to 'self employed' couriers. Speak to TfL (or Lewisham Council if it's their ticket) and establish the history etc. You may be able to do some of this inquiring on line via relevant webite. See if you can persuade them to go 'back to square one' and offer evidence and opportunity to pay at discounted rate.

If they won't play ball you're now at point where (per TFL flow chart) you can appeal, presumably the enfoecement notice explains this? . They will have to disclose all evidence to Tribunal ahead of a hearing and fine remains £130 even if you're not sucessful.

Do not under ANY corcumstances ignore it. It will NOT go away and YOU WILL be subject to bailiff action.

Reply | Report as offensive | Link

Sat 29 Jul 2017 17:00

Enforcement Notice issued 7 months later - Palcouk

I'm confused. as the link you provided is for a thread dated 2015 and the PCN uploaded there is dated 20/10/15

Reply | Report as offensive | Link

Sat 29 Jul 2017 18:05

Enforcement Notice issued 7 months later - Dwight Van Driver

Outside Greater London bus lane PCN’s are under Bus Lane Contravention(Penalty Charges, Adjudication and Enforcement (England) Regs 2005.

Reg 8 PCN to be served with 28 days or if DVLA have been lax in informing LA of Reg owner. Time out after 6 months.

Been trying to find legislation re authority for TFL and all I could come up with is London Local Authority Act 1996 S 4 that seems deals with bus lane infringements. But no where can I find a requirement for notice to be served within certain time.

The Notice received may have the authorative legislation it was issued under which should be googled to see if it is there.

One would have thought they would have been same as 2005 Regs?

dvd

Reply | Report as offensive | Link

Sat 29 Jul 2017 18:06

Enforcement Notice issued 7 months later - Bromptonaut

I'm confused. as the link you provided is for a thread dated 2015 and the PCN uploaded there is dated 20/10/15

AIUI the link is to show location of infirngement. . Looks like one of those alleged honey trap cameras that catch thousands of unwary people (or chancers according to one's pov).

Reply | Report as offensive | Link

Sun 30 Jul 2017 16:05

Enforcement Notice issued 7 months later - concrete

I think DVD is correct. I cannot see TFL having significantly different laws from the rest of the country. That is just madness. I think this may have timed out. However TFL may be trying it on and if they frighten the OP he may pay up. The tribunal appeal system is his best bet to sort this out. Good luck and let us know what happens.

Concrete

Reply | Report as offensive | Link

Ask Honest John

Sell Your Car

Real MPG

Fuel Calculator