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Thread: is the council out of order here or it just me?

  1. #1
    Regular Member m111kan's Avatar
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    Default is the council out of order here or it just me?

    ive come back from Nofolk tonight to be handed a charge certificate from Liverpool City Council for a bus lane penalty charge.......fair enough you say (and me in some ways).

    but it was 3 MONTHS AGO i supposedly did it!!! this letter tells me that i was caught on CCTV on 11 June & this is the first i am hearing about it!!

    "A bus lane penalty charge notice was served on you and you have failed to pay the charge within 28 days.........". therefore im told the fine i had to pay has been increased 50% to £90.

    dont get me wrong i dont have a problem with paying A SUM OF MONEY, i know i have done wrong and been caught out for it - i should now pay the consequences. but i wasnt given a notification to tell me id been done for it in the first place!!!!

    so why should i now have to pay even more as a result of not paying a fine i wasnt notified i had??!!!

    is it just me that thinks thats out of order?


    im phoning the council tomorrow anyway but just wondering your opinions on this ........



    alex

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    North West Regional Organiser paulvectrac's Avatar
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    Default

    tell them to prove it
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    Regular Member Grumpy1954's Avatar
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    Default

    Fair do's about the original ticket, but how the hell can they justify penalising you because THEY either didn't send out the original paperwork or are working months behind?

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    Regular Member m111kan's Avatar
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    Default

    Quote Originally Posted by Grumpy1954 View Post
    Fair do's about the original ticket, but how the hell can they justify penalising you because THEY either didn't send out the original paperwork or are working months behind?

    i know exactly what they'l say. they will come back to me with a date of when they sent out a notification.......which no doubt will be a genuine date. but if that notification didnt reach me im not to know i have a fine & as a result it wasnt paid.

    had it come through it would have bin paid immediately with no questions asked, i dont have a problem with paying for somethin ive done wrong.

    but it didnt come through, so im guna argue it with them and i dont think thats wrong

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    Forum Moderator John LE's Avatar
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    Default

    Could be wrong but I believe that they would have to tell you within 14 days from the time of the incident (unless there was an accident)

    Pretty sure it works the same as speed camera's. TBH i'd fight it

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    Regular Member m8internet's Avatar
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    Default

    Quote Originally Posted by m111kan View Post
    im phoning the council tomorrow anyway but just wondering your opinions on this
    Do NOT phone them, then you have no record or proof of the enquiry
    Send a request by Recorded Delivery

    Firstly, what date is on the letter and what date was the offence?
    It claims you have failed to pay, you therefore did not receive the first letter?

    I would be concerned about the delay
    However, this is possible if it is a company vehicle

    Initially make a request for a copy of the proof
    The Fixed Penalty Notice should clearly state what method was used
    In this case, CCTV footage can be printed
    Alternatively arrangements can normally be made to view this (although Norfolk to Liverpool would be expensive)

    Finally, be cautious
    If you were not even in Liverpool, then it is possible someone has cloned your car

    As for the 14 days, that only applies on a disclosure notice
    Failure to disclose will result in the process proceeding, either to FPN or summons
    However, failure to disclose should result in the Registered Keeper being summoned, and not being issued with a FPN

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    Default

    Have a look on here: http://www.ticketfighter.co.uk/
    Plenty of good things regarding speeding, parking and bus lane tickets etc
    Hop eit helps mate.

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    Default

    agree

    write back

    recorded delivery (always )


    If it was cloned car - say so

    if it was you then

    say no initial letter received

    make an OFFER to pay initial fee IF and only IF they can show you evidence you were there - ie photo

    if its a CCTV case then if you went to court they would have to show it as evidence so they must have a copy.

    ( make sure the address your sending it too is legitimate --- there are too many scams out there today, even authentic looking letters can be fakes )

    good luck

    hope it goes ok

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    Regular Member boba's Avatar
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    Default

    I think (not a legal guy though) that in law the council only needs to send you a letter to your last known place of abode such that with normal delivery it would arrive within the due date. Same for the police and other services. It isn't their responsibility to guarantee delivery so if the royal mail has let them down then that's just too bad. I have known of other cases where police notices weren't delivered but it made no difference to the court case.

    So I think you will get nowhere and it is just bad luck on your part. By all means have a haggle with the council about it but IMHO you need to tread carefully - after all they may have done everything correctly, just that the letter got lost.

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    think theres something in law which states a letter is deemed served within 7 days of posting or such...
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