Enfield - 33c Using a route restricted to certain vehicles (Buses & Cycles only) - Bull Lane N18 Bus gate

Hi,

My dad was taking my Mum to hospital and drove the route he has been taking for many years. He didn't realise that the road was now a bus gate.

He drove through twice without realising. He got a PCN last week for the 1st time (he paid) and has now received a 2nd PCN.

Is there any hope of an appeal?

My parents are in their 80's, my mum is registered disabled and the car has a blue badge.

Here is the notice.







Strangely, I've tried to look at the pictures but it says the PCN can't be found



Does anyone think there is any chance of appealing?

Many thanks

Your online enquiry to Enfield failed because your answers were the right answers in the wrong boxes

Your online enquiry to Enfield failed because your answers were the right answers in the wrong boxes

Thank you and please excuse my stupidity! 

Here is the evidence:

Seems there are a few other people here who got tickets at the same place.

I might try to ask for some leniency on my Dad's behalf. I will update here if I do.

As expected, they rejected the appeal.

I've attached the reply.

Should I just pay the reduced fee for my dad? Or is there any point fighting it? I've seen a few posts about this bus gate and I've seen mention that the signage might be incorrect?

Thanks for any help

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The signage is correct, I'm afraid. If they've re-offered the discount then I think that is your best option. The law assumes if you're driving a car, you know what the signs mean.

You've not told us what you said in your representation?

Definite use of will as opposed to may re their intentions! Probably not enough to win though.

Sorry, I don't have a copy but it was something like this.

I would like to appeal as I was taking my disabled wife to the hospital and I did not realise that the bus gate was in use. I have been driving this route for over 4o years and due to habit, I did not realise that the road had changed. I passed through the gate twice and received 2 tickets. I paid the 1st ticket but I was hoping for some understanding and leniency due to the medical appointment.

I know, it was a terrible response but I didn't know what to say. I did see some other responses for the same gate that mentioned the distance and the OP was asked to measure the distance.

Any suggestions or help would be appreciated or I will pay for my Dad.

Thanks!   

If we'd drafted the representation for you we could have probably won this on a failure to consider, but we are where we are. I can't see anything that warrants risking the discount.

Unfortunately, the 14 days was running out so I had to draft something myself.

I will pay in a few days before the 14 days are up.

Can I please ask why there was a chance before but not now?

Because, as cp said above, if the experts had drafted beforehand, it would have tested them so as to lead to a  possible failure to consider which, in itself, is a ground of appeal.

I fully understand that all this is rather new and confusing:  it was for me, too, 13 years ago!

Unfortunately, the 14 days was running out so I had to draft something myself.

I will pay in a few days before the 14 days are up.

Can I please ask why there was a chance before but not now?

See the strategy explained in this thread, we've used it to win a few cases so far.

Thanks for the explanation, I appreciate it!