Increased fine charge certificate without first receiving PCN

[inacircle]

Hi,

In August of this year I visited Liverpool city centre by road, and as a visitor I was unfamiliar with the roads in the city centre and unwittingly entered a bus lane on Lime Street. I only became aware that I was in a bus lane when the words became visible on the road having been previously obscured by a vehicle in front of me whilst waiting at traffic lights. As it was impractical to exit the lane without the possibility of endangering or disrupting other road users I continued in the bus lane until I could safely and legally exit it at the earliest possible opportunity.

I have recently received a Charge Certificate from Liverpool Council (issue date 31-10-2012) relating to an overdue bus lane Penalty Charge Notice. The charge certificate notifies me of an increase in the amount due from £60 increased to £90 due to my failure to pay the penalty within 28 days. I had not received the original PCN and so did not have the opportunity to appeal or pay the fine. Do I have grounds to contest the increased fine or even to appeal the original notice which has not to my knowledge been served?

Thank you in advance.

[bluebottle]

Re: Increased fine charge certificate without first receiving PCN

I am going to bump this for one of our PCN experts to look in.
:bump:

[inacircle]

Re: Increased fine charge certificate without first receiving PCN

Nice one, thanks very much

[ploddertom]

Re: Increased fine charge certificate without first receiving PCN

First of all you need to think if you were "guilty" or not. Personally from what you say you were as being in a strange place and not noticing the signs is not a valid argument. Therefore I imagine you would have paid the original ticket which I assume would have had a half price offer attached to it. You could ring the Council and tell them this is the first you known of the offence - chances are they will just say we sent it so tough - if they do then fine and wait for the next stage in the process.

This is taken from the stickies in the Bailiff Forum:
All local authorities offer a 50% discount if payment is made within 14 days from the date of the issue of the PCN. After that time the fine reverts back to the full amount. If a Local Authority believes procedures have been followed correctly, but the PCN remains outstanding, an application may be made to the Traffic Enforcement Centre (TEC) to register the penalty as a debt. This will then be served on you, together with a Statutory Declaration Form (see below):

The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))


If you were previously unaware of the PCN, you should file the Statutory Declaration Form within 36 days. After the 36 day period, the Local Authority can apply for a warrant and bailiffs may be instructed.

The Statutory Declaration is an oath stating that an earlier part of the enforcement process which should have happened, did not. Having a Statutory Declaration accepted does not cancel the PCN, though it does reduce the fine by 50% again. The matter will be referred back to the Local Authority to decide what action they wish to take next.

[inacircle]

Re: Increased fine charge certificate without first receiving PCN

Hi,

Thank you very much for your prompt and helpful reply.