3. Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
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Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
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Received a Bus Lane Contravention - Code 34

Entered the Bus Lane approx. 20m early to get onto left lane to turn at Station Road.

The infraction is insignificant & no bus was blocked.

Page 1
https://drive.google.com/file/d/1DDMKUzbb642FrCeaJiaj7pAqYPD3fp5U/view?usp=drive_link

Page 2
https://drive.google.com/file/d/1zbjgHjOj2e_p_jphIRPaFNywStNW8jHc/view?usp=drive_link

Video
https://drive.google.com/file/d/1huuR8mjeOuihToy_oq8ysF2RYqfDfuX0/view?usp=drive_link

Maps link
https://www.google.co.uk/maps/@52.477988,-1.8082021,67m/data=!3m1!1e3?entry=ttu

The car in question is a courtesy vehicle for which I was made to pay an admin fee by provider regardless of my intent to appeal. Not sure if there is any way I can add/recoup this to my challenge here.

Happy to just pay the fine outright if there isn't any hope to challenge this.

Apologies for not using imgur (Unable to register for some reason).

Not yet made any responses to this as it is my first time. Any help will be great.
« Last Edit: June 05, 2024, 12:37:08 am by Skooter231 »
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Re: Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
« Reply #1 on: »
I make it about 15.5 metres in the bus lane, using your GSV link. At one time the Traffic Penalty Tribunal applied a 20 metre "rule" as the basis for a de minimis (trivial offence), appeal, but I'm not sure if this is still done.  However de minimis is very much subjective, so a win at the TPT is not guaranteed. Having said that, your first move has to be to submit representations on that very basis quoting the GSV distance. Don't expect them to roll over, as money is now their sole interest in things like this. Certainly advice here for all PCNs is to first submit representations, as so many councils ****-up their response. Why make it easy for them by paying up straightaway ?
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Re: Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
« Reply #2 on: »
Apologies for the delay & many thanks for the reply Incandescent. I can't seem to find much concrete information on this bus lane grace period or consistent TPT case studies from my simple research.

Agreed on not making it easier for them. So will challenge & await rejection.

Since the only avenue for defence here will be the short distance travelled in bus lane, I've drafted a below

"I am writing to challenge the Penalty Charge Notice PCN No: JJ1212256A issued on 29 May 2024 for allegedly driving in a bus lane on Bordesley Green East.

On the day in question, I entered the bus lane for less than 20 meters to complete left turn onto Station Road. Given the minimal distance, I believe this infraction is insignificant and did not disrupt bus traffic. I request that the PCN be reviewed and cancelled.

Thank you for your understanding and consideration."

Let me know thoughts or any improvements I can make.
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Re: Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
« Reply #3 on: »
Just seem to have found another ongoing case which mentions time limits on PCN's which I thought maybe worthwhile to mention as in my case, the PCN is 6 months+ since contravention occurred, though in my case the vehicle was a courtesy which added to the delay.

Regardless, is this something I can add to the challenge?
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Re: Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
« Reply #4 on: »
@Skooter231 there are various avenues to explore, let's start with the basics. You say this is a courtesy car, so did you sign a hire agreement? Do you have a copy?

Also, please contact the provider and ask them to confirm if they received anything from the council after they passed on your details. If they never received anything further, you need this confirmed in writing. They won't have a clue why you want this information and I wouldn't waste time trying to explain it to them, it's just really important because if a notice of acceptance was not sent to them, the subsequent PCN sent to you is invalid.

The other obvious angle is the camera authorisation, so I will make some enquiries about this.

Also please give us the number plate.
« Last Edit: June 10, 2024, 10:25:59 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: Birmingham City Council - Code 34 Driving in a Bus Lane, Bordesley Green East
« Reply #5 on: »
Camera request and response from the council:

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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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