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Penalty Charge Notice - how long to send me notice?

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SuperMike
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Joined: 30 Sep 2015
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PostPosted: 19:48 - 15 Dec 2016    Post subject: Penalty Charge Notice - how long to send me notice? Reply with quote

So, the council have been hiding at the bottom of my road with a mobile camera van. I sometimes when I am running late hang a right through the no right turn sign - it's not big, it's not clever, but it happens. Got home to two letters this evening with penalty charge notices for £130 each, reduced to £65 if paid within the next 14 days. The incidents happened end of November on two consecutive days, so are just under three weeks old now. Is there a time limit for how long the council have to send you a prosecution notice or am I banged to rights? I seem to remember something about 14 days to serve a speeding penalty notice?

Any hope or am I going to get my pants pulled down regardless and hand them over a nice xmas bonus? They have photos and everything of course.
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Nobby the Bastard
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PostPosted: 21:58 - 15 Dec 2016    Post subject: Re: Penalty Charge Notice - how long to send me notice? Reply with quote

SuperMike wrote:
So, the council have been hiding at the bottom of my road with a mobile camera van. I sometimes when I am running late hang a right through the no right turn sign - it's not big, it's not clever, but it happens. Got home to two letters this evening with penalty charge notices for £130 each, reduced to £65 if paid within the next 14 days. The incidents happened end of November on two consecutive days, so are just under three weeks old now. Is there a time limit for how long the council have to send you a prosecution notice or am I banged to rights? I seem to remember something about 14 days to serve a speeding penalty notice?

Any hope or am I going to get my pants pulled down regardless and hand them over a nice xmas bonus? They have photos and everything of course.


First off, it's not the council, it's the filth.

And second, hahahhahaahahahahahaa.

Twat
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Hahadumball
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PostPosted: 22:55 - 15 Dec 2016    Post subject: Reply with quote

poor obs
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sickpup
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PostPosted: 23:02 - 15 Dec 2016    Post subject: Re: Penalty Charge Notice - how long to send me notice? Reply with quote

Nobby the Bastard wrote:
First off, it's not the council, it's the filth.

And second, hahahhahaahahahahahaa.


No it quite likely is the Council, they have had the power to do this for years.

Nobby the Bastard wrote:
Twat


Are you referring to yourself or the OP?
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Hahadumball
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PostPosted: 23:03 - 15 Dec 2016    Post subject: Re: Penalty Charge Notice - how long to send me notice? Reply with quote

sickpup wrote:
Nobby the Bastard wrote:
First off, it's not the council, it's the filth.

And second, hahahhahaahahahahahaa.


No it quite likely is the Council, they have had the power to do this for years.

Nobby the Bastard wrote:
Twat


Are you referring to yourself or the OP?


dont often agree with sickpup but this time i shall.
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Nobby the Bastard
Harley Gaydar



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PostPosted: 23:09 - 15 Dec 2016    Post subject: Re: Penalty Charge Notice - how long to send me notice? Reply with quote

sickpup wrote:

Nobby the Bastard wrote:
Twat


Are you referring to yourself or the OP?


Quite possibly, but it's difficult, generally, to avoid seeing a camera van.
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sickpup
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PostPosted: 23:21 - 15 Dec 2016    Post subject: Re: Penalty Charge Notice - how long to send me notice? Reply with quote

Nobby the Bastard wrote:
Quite possibly, but it's difficult, generally, to avoid seeing a camera van.


A lot more difficult to see things like unmarked smart cars with a camera in the rear view mirror parked up on the side of a road.
These are used by many councils across the UK.. Had you, like the OP not noticed them?
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SuperMike
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PostPosted: 23:22 - 15 Dec 2016    Post subject: Reply with quote

I think it is definitely the council - the letter is from the borough and nothing seems to be linked to the police. I guess I should be thankful they don't seem to have attracted 3 penalty points a piece?

It would appear that the general consensus here is haha twat? Fair enough. I would say that the camera van was not particularly obvious. Wasn't one of those big transits with a telescope sticking out the back at any rate. No chance of a reprieve then? Bollocks.
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Mawsley
Traffic Copper



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PostPosted: 01:42 - 16 Dec 2016    Post subject: Re: Penalty Charge Notice - how long to send me notice? Reply with quote

SuperMike wrote:
Is there a time limit for how long the council have to send you a prosecution notice or am I banged to rights?.


STFU and own your mistakes.
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Commuter_Tim
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PostPosted: 03:31 - 16 Dec 2016    Post subject: Reply with quote

SuperMike wrote:
It would appear that the general consensus here is haha twat?


Not necessarily, but at least...
https://s-media-cache-ak0.pinimg.com/564x/7b/df/ed/7bdfeddf1ece7cdfb6d8ba281b8f12bb.jpg

We're not mad, were just disappointed ...that you got caught.
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andyscooter
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PostPosted: 07:50 - 16 Dec 2016    Post subject: Reply with quote

if you are turning right before the van how did they get the reg
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SuperMike
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PostPosted: 09:31 - 16 Dec 2016    Post subject: Reply with quote

The van was about 50m before the turn outside a school. I think a lot of the milfs are in the same habit in their Chelsea tractors as it cuts a lot of time off your travel in that direction as otherwise you have to go round the block and through traffic to get to the same spot. On my bike it saves me about 5 mins so in a car you'd be looking at 15 or so I reckon.

Anyway. Lesson learned - I rode too slowly Wink
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MattEMulsion
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PostPosted: 10:34 - 16 Dec 2016    Post subject: Reply with quote

Hopefully there are only these two penalty charge notices that are going to drop through your door, is there a chance that there could be some more?
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Rogerborg
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PostPosted: 10:36 - 16 Dec 2016    Post subject: Reply with quote

PePiPoo. Be prepared to actually show the letters, any evidence that the Council have (or say that they have), and pictures of the signage as it is now, and as the Council can show, or claim, that it was when the alleged incidents occurred.

You'll also want to verify that they actually have a valid (temporary) traffic order (TRO / TMO) in place that was properly consulted on and publicly notified.

You can appeal within 14 days to stop the clock on the reduced blackmail amount and by default I'd go with:

Arrow Wasn't my bike.
Arrow Signage was missing, hidden, and inadequate at the time.
Arrow No valid temporary traffic order was in place.

If they believe otherwise, let them make their case.

Also: <Ha-Ha.png>
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Yorkshire Geek
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PostPosted: 15:41 - 16 Dec 2016    Post subject: Reply with quote

Rogerborg wrote:
.
Arrow No valid temporary traffic order was in place.

Can you elaborate on that? Not familiar with this argument.
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Rogerborg
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PostPosted: 15:48 - 16 Dec 2016    Post subject: Reply with quote

Yorkshire Geek wrote:
Rogerborg wrote:
Arrow No valid temporary traffic order was in place.

Can you elaborate on that? Not familiar with this argument.

That they can't just close off a road on a whim. See:

Road Traffic (Temporary Restrictions) Procedure Regulations 1992

Specifically:

Arrow Not less than 7 days before making an order, the traffic authority shall publish notice of their intention to make the order in one or more newspapers circulating in the area in which any road to which the order relates is situated.

...and...

Arrow Within 14 days after making the order the traffic authority shall publish a notice of the making of the order in one or more newspapers circulating in the area in which any road to which the order relates is situated.

And the form of the order is prescribed as well.

Did they?
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Biking is 1/20th as dangerous as horse riding.
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Nobby the Bastard
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PostPosted: 16:08 - 16 Dec 2016    Post subject: Reply with quote

Sounds like a permanant no right turn, borg, which is why I thought filth....
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Rogerborg
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PostPosted: 17:25 - 16 Dec 2016    Post subject: Reply with quote

Nobby the Bastard wrote:
Sounds like a permanant no right turn, borg, which is why I thought filth....

Doh!

When you infer, you make an idiot out of inf and 'er. Sorry, I read "mobile" and inserted a mental temporary.

Still check the signage - London councils are forever getting knocked back by the courts for running deliberately badly signed moneyspinners. What's-his-chops on here should be able to advise. You know, that bloke what does roads and such.
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SuperMike
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PostPosted: 19:37 - 16 Dec 2016    Post subject: Reply with quote

I do this every now and again so I hope that there are no more on their way. If there are then I am truly screwed. I can't remember the week in question but I guess I must have been running late a couple of days. Mostly I go the proper way around.

It is alas very well sign posted. There are two pretty big permanent no right turn signs on the road. They have unfortunately done a pretty good job of getting myself in the picture under the no right turn signs.

As for the wasn't my bike sir excuse, am I going to get myself even more in the poo poo with this? It did cross my mind that there must be a cloned bike in the area your honour, and I can't remember if I was riding my bike that way on those two days, but I'm guessing if I get busted things will get very bad for me?
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Nobby the Bastard
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PostPosted: 19:41 - 16 Dec 2016    Post subject: Reply with quote

Can the council submit a NIP?
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SuperMike
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PostPosted: 11:34 - 17 Dec 2016    Post subject: Reply with quote

I'm not sure it's a NIP Nobby, it's a PCN. Is that a difference? There are no penalty points attached, just a hefty fine. I'm guessing if the police were involved then I might have had penalty points? That really would have been infuriating. If I'm getting points it is at least going to be for speeding or something similar. Getting 6 points for two illegal right turns would have really pissed me off. I'm kind of over it. Will get them paid end of next week when payday comes around. One of those things I guess like parking tickets and pikeys smashing bits off your bike.
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sickpup
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PostPosted: 18:01 - 17 Dec 2016    Post subject: Reply with quote

SuperMike wrote:
I'm not sure it's a NIP Nobby, it's a PCN. Is that a difference? There are no penalty points attached, just a hefty fine. I'm guessing if the police were involved then I might have had penalty points? That really would have been infuriating. If I'm getting points it is at least going to be for speeding or something similar. Getting 6 points for two illegal right turns would have really pissed me off. I'm kind of over it. Will get them paid end of next week when payday comes around. One of those things I guess like parking tickets and pikeys smashing bits off your bike.


iirc its a pcn in that there is no prosecution as such.
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Nobby the Bastard
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PostPosted: 19:33 - 17 Dec 2016    Post subject: Reply with quote

sickpup wrote:


iirc its a pcn in that there is no prosecution as such.


So they have no idea or ability to tell who was driving and so are just going after the owner?
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sickpup
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PostPosted: 20:19 - 17 Dec 2016    Post subject: Reply with quote

Nobby the Bastard wrote:
So they have no idea or ability to tell who was driving and so are just going after the owner?


Pretty much yes. Unfortunately when they brought in Bus Lane cameras the liability was written in to apply to the registered keeper of the vehicle NOT the driver. I suspect although haven't checked that the same applies to this.

They do have the ability, remember Councils are able to investigate using RIPA.
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