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136 days to issue a bus lane penalty charge notice

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  • 136 days to issue a bus lane penalty charge notice

    Hi
    I was visiting Sheffield for my job back in July this year (first time in the city). There were a lot of road works and cars bumper to bumper, way too many road signs to keep track of as well as the traffic. Many times I tried to go down a route suggested by my satnav, only to be redirected by a blocked off road. This then meant that my satnav had to re-calibrate my journey which take a minute or two, but by this time Im stuck in traffic without a direction, and being corralled onto roads I don't want to be on. Somewhere along my journey I appeared to have driven down a bus lane, I didn't notice it was a bus lane because of all the diversion signs and lane closure signs laying by the roadside, as well as all the fixed signs and me on my first trip into Sheffield city center.

    So that was on the 12th July, but the PCN wasn't issued until 25th November, 136 later. So what I am wanting to know is, am I still covered under Section 9, Schedule 4, Protection of Freedoms Act 2012 Subsection 5

    (4)The notice must be given by—

    (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

    (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.



    (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.



    (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    Because this is a legislation for parking charges and my PCN is for entering a bus lane, but they are both a PCN - Penalty Charge Notice, does it still cover me for them taking 4 months to send it to me.

    Further information, my car is a company car on lease from VW finance, so they would have had to contact at least one company before getting my address. VW finance do have my address but I dont know if the company I work for would let them release my information without their permission, so lets say they would have had to go through two companies to get my address.

    Thanks.
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