Appealing a council Bus Gate PCN?

Appealing a council Bus Gate PCN?

Author
Discussion

The Gauge

Original Poster:

1,908 posts

14 months

Wednesday 10th April
quotequote all
The police won't issue me a crime number unless there's a second incident with the cloned car. I'll wait a few day to see if I get any more fines and then I'll start the appeals procedure with the council. Its now one of those rare occasions where I actually want to receive more fines as that provides me with more evidence.

outnumbered

4,088 posts

235 months

Wednesday 10th April
quotequote all
The Gauge said:
The police won't issue me a crime number unless there's a second incident with the cloned car. I'll wait a few day to see if I get any more fines and then I'll start the appeals procedure with the council. Its now one of those rare occasions where I actually want to receive more fines as that provides me with more evidence.
That seems utterly ridiculous, how much does a crime number cost them FFS ?

The Gauge

Original Poster:

1,908 posts

14 months

Wednesday 10th April
quotequote all
outnumbered said:
That seems utterly ridiculous, how much does a crime number cost them FFS ?
Their reply stated that they regard one cloned fine as a possible mistake by the issuer!!

I guess they have to be cautious as everyone would try to get off with fines if all you had to do was get a crime number.

Blockbuster

220 posts

62 months

Wednesday 10th April
quotequote all
Does your car have an app that it uploads data to?

In my Bluelink app it logs exactly when the car was started and stopped as well as how many miles travelled for each journey.

If the car was parked at your home, the car will be shown as stopped at the time of the ticket.

Kevin-2g5x2

14 posts

40 months

Wednesday 10th April
quotequote all
Copying or cloning a registration plate in itself isn't a crime, it's what you do when using that plate displayed on a road that counts.
If purely driving then it's usually an offence of failing to display correct registration plate/ excise offence, it only becomes a crime when used in commission of a criminal offence, eg driving off without paying for fuel then it could be classed as going equipped for theft dependent on the modus operandi.
It's different if your plates are physically removed from your vehicle and then displayed on another car as that is straightforward theft and would generate a crime number.
In the OP's circumstances the reporting of his plates being cloned should create an Police incident number, he needs to quote this in reply to contesting the penalty notice together with his suggested photographs of his vehicle identifying the differences he has noted.
The Police operator should ensure the registration is updated on the PNC so it will activate ANPR cameras and patrolling officers interest.
Until the offending vehicle is located the OP can expect to get pulled over to check his is the genuine car, so it's advisable to have the V5 to hand to confirm VIN checks, the bus lane enforcement may take time but I would not expect them to proceed and I certainly wouldn't be sending them any money.

The Gauge

Original Poster:

1,908 posts

14 months

Wednesday 10th April
quotequote all
Kevin-2g5x2 said:
In the OP's circumstances the reporting of his plates being cloned should create an Police incident number.
Sadly they wont even create an incident...

[i]Evening, If this is a one off penalty notice you will need to dispute this with the issuing company as this may have been a error with the imaging.

If this has happened more than once please provide the further details and we can look at creating an incident[/i]

Edited by The Gauge on Thursday 11th April 16:35

The Gauge

Original Poster:

1,908 posts

14 months

Thursday 11th April
quotequote all
Managed to get a police incident created today, so I'll add that ref number to the appeal

Mozart21

7 posts

3 months

Thursday 11th April
quotequote all
Aunty Pasty said:
Call the police on their non emergency number. Get a crime reference number stating the evidence you've stated here.

Next use the crime reference number in the appeal against the council. They will not initially budge but submit pictures of your own car as evidence.

I did something similar a long time back and it looked like the council was going to go through with it but pulled out in the last few days.
This is absolutely the right advice. Ignore the boxes and write explaining why this wasn’t you. State that you are prepared, if necessary to make a Statutory Declaration at court (costs you nothing). DO NOT PAY anything. If you lie when making the Stat Dec you face two years custody. This should not be your problem

The Gauge

Original Poster:

1,908 posts

14 months

Thursday 18th April
quotequote all
Police incident created, DVLA informed and PCN appeal submitted. Fingers crossed.

The Gauge

Original Poster:

1,908 posts

14 months

Saturday 20th April
quotequote all
Some good news...

Got a letter today from the council saying they agree with my appeal and the PCN has been cancelled.

Some bad news..

In the same post was another envelope from the council with another PCN for a different bus lane!!! This time it's a completely different car to mine so should be easy to appeal. This could go on for a long time.

Nibbles_bits

1,052 posts

40 months

Sunday 21st April
quotequote all
The Gauge said:
Some good news...

Got a letter today from the council saying they agree with my appeal and the PCN has been cancelled.

Some bad news..

In the same post was another envelope from the council with another PCN for a different bus lane!!! This time it's a completely different car to mine so should be easy to appeal. This could go on for a long time.
Cancel your insurance and SORN your car. They won't be using your reg for very long smile

dxg

8,215 posts

261 months

Sunday 21st April
quotequote all
The Gauge said:
outnumbered said:
That seems utterly ridiculous, how much does a crime number cost them FFS ?
Their reply stated that they regard one cloned fine as a possible mistake by the issuer!!

I guess they have to be cautious as everyone would try to get off with fines if all you had to do was get a crime number.
Sounds more like massaging their crime statistics, to me.

Alex Z

1,132 posts

77 months

Sunday 21st April
quotequote all
The Gauge said:
Some good news...

Got a letter today from the council saying they agree with my appeal and the PCN has been cancelled.

Some bad news..

In the same post was another envelope from the council with another PCN for a different bus lane!!! This time it's a completely different car to mine so should be easy to appeal. This could go on for a long time.
Yep, although having had one instance accepted as a cloned vehicle should make it easier for the rest.

You shouldn’t have to, but if it starts happening a lot, you could always put a cheap private plate on your car.

The Gauge

Original Poster:

1,908 posts

14 months

Friday 26th April
quotequote all
Received two more bus lane fines today.

Picking up some new number plates today with logos on which might help any future appeals.

Think I'm going to have to write a letter to the council to see what, if anything can be done to prevent anymore being sent to me. Obviously they wont want to do this in case I start committing traffic offences myself.


pavarotti1980

4,902 posts

85 months

Friday 26th April
quotequote all
dxg said:
Sounds more like massaging their crime statistics, to me.
Its not a crime never mind a recordable one so no stats to massage

Wackywoo105

354 posts

91 months

Friday 26th April
quotequote all
Could you send the council a picture of your car and tell them any future correspondence that is for a different car, even if it's the same reg, you will charge them for dealing with it?

Pica-Pica

13,816 posts

85 months

Friday 26th April
quotequote all
Just an observation, but your car’s plates don’t seem to have a BS number, nor a plate supplier name. Perhaps it just doesn’t show. The cloned car’s supplier will probably be a different supplier, which would/should not put their name to it without the suitable documentation by the customer.

(PHers will be going around putting subtle, but distinctive plate fixings on their VRMs now.)

The Gauge

Original Poster:

1,908 posts

14 months

Friday 26th April
quotequote all
I'm considering changing my cars number plate via the DVLA, costs £80 plus any admin fees my insurers charge for updating their records.

https://www.personalisedvehicleregistration.servic...

The Gauge

Original Poster:

1,908 posts

14 months

Saturday
quotequote all
I cancelled my registration number with the DVLA today and applied for a new one, which they granted instantly (£80), and I've fitted the new plates to my car.

Continuing the discussion over in this thread..

https://www.pistonheads.com/gassing/topic.asp?h=0&...