Appealing a council Bus Gate PCN?

Appealing a council Bus Gate PCN?

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The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
Anyone any experience of appealing a council Penalty Charge Notice?

Today I received a £70 Penalty Charge Notice from my local council with photographs of my car contravening a bus gate in my home town. However I wasn't driving on that road at the time/date specified, I was at home and nobody else drives my car. But I can't prove this.

I've been on their website and viewed the photos....




It looks like my car, same make, model & colour, however my car has a roof rack and this one doesn't. The registration number isn't clear enough to read on the photos, but they have also provided another image of just the reg plate which matches my car..




I believe this must be a cloned vehicle as I never drive on that road, wasn't on that road at the material time, and the lack of roof rack. There's an appeals procedure on the reverse of the form, with scenario boxes to tick, but non for 'cloned vehicle' as otherwise everyone would tick this box, but how on earth can I prove this? Doesn't look like I can so I'm hoping I get more PCN's over the next few days that might provide me with proof

Other option is to pay the lower £35 fee if paid within 21 days, just to make life simple. But that doesn't sit comfortably, and if there's a cloned of my car driving about I may then get more incorrect PCN's & speeding tickets in the future.



Edited by The Gauge on Tuesday 9th April 16:42

The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
Paying the £35 fine removes any option to then appeal. If I pay it and then get more fines which I appeal I'll never get this £35 back.

The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
My roof bars are quickly removable so that wouldn't be evidence. However, I've noticed on the photo that the plastic screw covers on the reg plate are in a different place to mine.

On the photo they are clearly visible in the white area either side of the letters..





But on mine they are within the letters themselves....


The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
119 said:
That photo of your isolated plate isnt even at the same angle as the plate on the car pictured?
When you look carefully, you can see the same yellow lines by the kerb and the tram track in the road, so they must be the same.

The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
I reckon the number plate screw caps is the only evidence I can offer so I'm grateful for the difference.
But I do wonder what lays in store for me if there is a cloned car. Interesting times ahead!

The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
I've logged an online report to my local police force. I'll wait to see if I get a crime number and add that to my appeal

Tried phoning DVLA but they are too busy to answer my call, and I can''t find anywhere on their website to do this either. Though on their f104 form it does say to write to them about cloned plates..




Edited by The Gauge on Tuesday 9th April 18:27

The Gauge

Original Poster:

2,026 posts

14 months

Tuesday 9th April
quotequote all
covboy said:
Both letters look like a different font as well
Yes, good point, I think you are correct. The letter K looks slightly different towards there bottom. The letter J looks different too, the angle of the end of the letter where it finishes after the curve.

The council online appeals procedure allows for photos to be uploaded so I'll send then a photo of my front reg plate.



Edited by The Gauge on Tuesday 9th April 18:28

The Gauge

Original Poster:

2,026 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.

The Gauge

Original Poster:

2,026 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.

The Gauge

Original Poster:

2,026 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:

2,026 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

The Gauge

Original Poster:

2,026 posts

14 months

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

The Gauge

Original Poster:

2,026 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.

The Gauge

Original Poster:

2,026 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.


The Gauge

Original Poster:

2,026 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:

2,026 posts

14 months

Saturday 27th April
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&...