3. Being in a bus lane during hours of operation.
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Author Topic: Being in a bus lane during hours of operation.  (Read 2399 times)

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Re: Being in a bus lane during hours of operation.
« Reply #15 on: »


https://imgur.com/a/3fMmtxF


Please see the full pcn pges.
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Re: Being in a bus lane during hours of operation.
« Reply #16 on: »
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Re: Being in a bus lane during hours of operation.
« Reply #17 on: »
For convenience:











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Re: Being in a bus lane during hours of operation.
« Reply #18 on: »
So they re-offer the discount for 14 days, provided reps are received within the 21-day discount period.
Hmm.
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Re: Being in a bus lane during hours of operation.
« Reply #19 on: »
Yes that's correct.

Apparently many drivers have complained about the signage on this bus lane, you only have to google  "Tunbridge Wells Mount Pleasant Bus Lane" to see how many drivers were caught out.

Back in 2022 the Council sent out 18,000 warning letters issued to drivers contravening the restrictions, but the signs remain as misleading as ever.
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Re: Being in a bus lane during hours of operation.
« Reply #20 on: »
Here you go:

Dear Tunbridge Wells Borough Council,

In the first instance I contend that the alleged contravention did not occur owing to the signage being inadequate and misleading, as has been widely reported in the press.

I further challenge liability on the basis of a procedural impropriety. Regulation 3 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that:


(2) An enforcement notice must include the following information—
...
(g) where the enforcement notice is a regulation 10 penalty charge notice served under regulation 10(2)(a) of the 2022 General Regulations (an “approved device notice”), the effect of paragraphs (3) and (4).

(3) The recipient (“R”) of an approved device notice may, by notice in writing, request that the enforcement authority—
(a) makes available, at one of its offices specified by R, free of charge and at a time during normal office hours so specified, for viewing by R or R’s representative the record of the alleged relevant road traffic contravention produced by the approved device pursuant to which the penalty charge was imposed, or
(b) provides R, free of charge, with such still images from that record as, in the authority’s opinion, establish the alleged relevant road traffic contravention.

(4) The enforcement authority must comply with any request under paragraph (3) within a reasonable time.

There is no CCTV footage on the council website and the information specified at paragraphs (3) and (4) of regulation 3 above has been omitted from the penalty charge notice. A failure to substantively convey the mandatory information required by the regulations is a failure by the enforcement authority to comply with an obligation imposed on it by the regulations, which by definition amounts to a procedural impropriety.

It follows that there has been a procedural impropriety and the PCN must be cancelled in any event.

Yours faithfully,


Send this online and keep a screenshot of the confirmation page. To preserve formatting and indentation you'll probably have to pop the text into a PDF file and upload the representation to the council website as an attachment, and in the text box on the website just write "see attached representation". Do not whatever you do trim down the representation due to any sort of character limit on the council website.
« Last Edit: July 02, 2024, 12:06:09 am by cp8759 »
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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
Re: Being in a bus lane during hours of operation.
« Reply #21 on: »
Thank you so much for taking the trouble to give such detailed advice.
Very helpful, I shall enter it in my appeal today.
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Re: Being in a bus lane during hours of operation.
« Reply #22 on: »
Good spot of the missing video info !! This surely makes all their bus lane PCNs void.
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Re: Being in a bus lane during hours of operation.
« Reply #23 on: »
The photos of the restriction signs are almost illegible. It seems none of the photos actually show the car in the buses only lane.
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
Re: Being in a bus lane during hours of operation.
« Reply #24 on: »
.
« Last Edit: July 02, 2024, 07:30:07 pm by slapdash »
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Re: Being in a bus lane during hours of operation.
« Reply #25 on: »
Thank you everyone.

I have entered my appeal, Tunbridge wells council say in an automated reply it could take up to 5 weeks to get a decision.

I will post the outcome as soon as I get it.
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Re: Being in a bus lane during hours of operation.
« Reply #26 on: »
Quote from: Incandescent on July 02, 2024, 09:57:30 am
Good spot of the missing video info !! This surely makes all their bus lane PCNs void.
Yes.
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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
Re: Being in a bus lane during hours of operation.
« Reply #27 on: »
Success with the appeal. Thank you for the excellent advice I received. I notice on their reply they do not admit to any issues that were submitted.

Traffic Management Act 2004
Penalty Charge Notice number: KU89669724
Vehicle registration: EA63BZX
Thank you for writing to us.
Although your PCN was correctly issued, we have cancelled it on this occasion. This case is now closed,
and you do not need to take any further action.
We sent you a PCN because our camera evidence shows your vehicle in a bus lane at a time when only
buses are allowed there.
Bus lanes have blue and white signs picturing a bus and showing the times when the lane is for buses only.
Signs on the approach and entrance to the bus gate give advance warning to drivers of the restriction,
which is in operation every day, from 9 am to 6 pm. Please visit tunbridgewells.gov.uk/bus-gate for
information on bus gate signing in Tunbridge Wells.
It is unfortunate that you were unfamiliar with the bus lane and the times it is in force. However, it is still up
to drivers to be aware of bus lane (and other) signs and obey them.
If you get another PCN in similar circumstances, we may not be able to cancel it.
Yours sincerely
John Strachan
Sent on behalf of John Strachan
Parking Manager
Tunbridge Wells Borough Council
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Re: Being in a bus lane during hours of operation.
« Reply #28 on: »
Thank you so much for sharing this advice.  I have received a PCN for the exact same offence in the same place.  I have just submitted my appeal using the same wording you have shared, and received an acknowledgement. Will let you know the outcome - thanks again!
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Re: Being in a bus lane during hours of operation.
« Reply #29 on: »
Thank you, I hope it works out okay for you.
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