3. 47J - Stopped on a restricted bus stop stand
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47J - Stopped on a restricted bus stop stand
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Hi everyone,

I was driving my vehicle and turned the corner to drop off passengers. As I turned, the passengers said they wanted to get off here and opened the doors. I received a PCN as I stopped at a Bus stop with a wide yellow line.

PCN: https://ibb.co/8nZpt9Q

Images and Video:

https://viewmypcn.co.uk/default.aspx?r=16a39ac69f4b86b6b68a6142fc0ffd9b070db8aa

Could anyone please let me know any grounds for an appeal for this PCN?
« Last Edit: September 19, 2024, 12:31:31 pm by mdar50743 »
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Re: 47J - Stopped on a restricted bus stop stand
« Reply #1 on: »
That's a slam dunk contravention. Unless there is something wrong with the PCN or signage I can't see a way out.
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Re: 47J - Stopped on a restricted bus stop stand
« Reply #2 on: »
Video:



I can see an easy way out:



@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here.

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: 47J - Stopped on a restricted bus stop stand
« Reply #3 on: »
Quote from: cp8759 on September 21, 2024, 11:25:08 am
Video:



I can see an easy way out:



@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here.

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.
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Re: 47J - Stopped on a restricted bus stop stand
« Reply #4 on: »
+1. PCN link seems to have gone.
« Last Edit: September 25, 2024, 10:41:34 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: 47J - Stopped on a restricted bus stop stand
« Reply #5 on: »
Quote from: mdar50743 on September 25, 2024, 04:02:20 pm
Quote from: cp8759 on September 21, 2024, 11:25:08 am
Video:



I can see an easy way out:



@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here.

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.

I have got a reply from Ealing Council and they have rejected the appeal:

https://ibb.co/vhCnmNh

Please can you let me know how to proceed.
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Re: 47J - Stopped on a restricted bus stop stand
« Reply #6 on: »
Well there are no absolute guarantees, but given how successful this ground of appeal has been it would seem silly not to carry on.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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