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Post Info TOPIC: Bus lane penalty charge


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Posts: 1
Date:
Bus lane penalty charge
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I was given a PCN for entering a Bus Lane last year, the bus lane had the times removed with no time given.

I went on the web to find out if I was  in the wrong, the web stated I should appeal as all signs should display times of operation, I appealed and over a period of weeks was advised (Council) that this was incorrect, I then paid the fine. By time I had moved into a new property and mail was in a bit of a shambles, I'd set up all my utilities,Banks DD's & car change of address and was expecting nothing other than useless mail.
It appears that in my period of moving the council decided (even after I had paid the PCN) that I was late paying? I explained that due to the move the mail was late arriving and I would have to pay the addional.
 
The response from the council was:
 

Thank you for your email to the Corporate Complaints team.

Whilst I appreciate you may have set up a forwarding agreement with the Royal Mail, the letters that were issued in respect of the PCN you incurred were issued to your original address and the London Borough of Barking & Dagenham cannot be held responsible for the non receipt of correspondence after it has passed from us to Royal Mail. Furthermore, all correspondence issued in respect of a PCN must be written postal correspondence to ensure compliance to the legislation we are required to adhere to therefore we are under no obligation to seek an alternative method of communication. As we had no reason to believe your address had changed, the correspondence for your PCN was issued to the address provided the DVLA supplied at the time of the contravention. Similarly, whilst you may be ‘registered’ with the Council this has no bearing on the legal procedures of a PCN whereby the responsibility to deal with the PCN lies with the Registered Keeper and I can confirm the Parking Appeals service has no access to other Council service contact details.

 I trust this answers the questions you have raised

Is this Legal?



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