3. Bradford Council code 34j - dispute
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Bradford Council code 34j - dispute
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Hi all,

I am writing to urgently seek your advice and assistance regarding a concerning situation I am facing with Penalty Charge Notices (PCNs) issued for a bus gate contravention on Bridge Street in Bradford.

Recently, I received multiple PCN,s for allegedly contravening the bus gate on Bridge Street. Prior to this, I had contacted the council to inquire about the camera enforcement of the bus gate, and I was informed that the bus gate outside the Queen pub on Bridge Street had been temporarily deactivated, while all other bus gates on Bridge Street remained operational. Based on this information, I believed it was permissible to use that route without incurring any penalties.

To my dismay, not only did I receive the PCN for the alleged contravention, but I also received multiple additional PCNs for the same bus gate contravention. Today alone, I received four PCNs through the post, despite having appealed one of them (awaiting result)

This situation is deeply concerning, as it appears to be an unjust and repetitive issuance of PCNs for a situation where I genuinely believed I was following the council's guidance. I am seeking your advice and assistance on how to handle this matter.

I have already appealed one of the PCNs and provided all relevant evidence, including the email exchanges with the council. However, I fear that I might continue to receive more PCNs, which could lead to further complications and penalties.

I would greatly appreciate your guidance on the best course of action to resolve this issue and ensure that I am not unfairly burdened with unnecessary PCNs. Your assistance in this matter is crucial, and I am hopeful that you can provide valuable insight and support.

Contravention code was 34j.


1st pcn - 11th July alleged contravention. Posted on the 14th.

2nd pcn - 5th pcn all alleged on the 12th and posted on the 19th.

May expect more.

1st pcn:

https://imageshack.com/i/pnhtl3OGj

https://imageshack.com/i/pmzSE03Tj

https://imageshack.com/i/pmgpZBQMj


Email exchanges - https://imageshack.com/i/poecN2ZOp

Thank you for your attention to this urgent matter. I am looking forward to your response and advice.
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Re: Bradford Council code 34j - dispute
« Reply #1 on: »
Note sure why you think this is so urgent, the earliest PCNs don't lose the discount until 7 august, so there's plenty of time. Once you've made representations, the discount is put on hold, so you don't lose out. I'll have a proper look tomorrow.
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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: Bradford Council code 34j - dispute
« Reply #2 on: »
There's something wrong with your photo of the email exchange, it doesn't zoom properly. We need to see this to see what the council told you about enforcement at the location concerned.
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Re: Bradford Council code 34j - dispute
« Reply #3 on: »
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Re: Bradford Council code 34j - dispute
« Reply #4 on: »
The CCTV camera is here, right outside the Queen put: https://goo.gl/maps/uBQPWZf3YGgkQk198

You've been given an unequivocal assurance from the council that the bus gate was suspended, so in my view you had a legitimate expectation that you could rely on what you had been told.

Draft representation:

Dear City of Bradford Metropolitan District Council,

I am aware of a number of diversions due to roadworks in the area, and I am aware that some of the signage has caused confusion to drivers. To ensure compliance, I contacted the council a few days ago to seek clarification of which bus gates are currently in operation, and which ones are suspended.

I was first advised that "the bus gates on Bridge Street have been turned off", but because I wanted to be 100% certain of my position, I wrote back again seeking confirmation of the precise locations where enforcement had been suspended. In a follow-up email, the council confirmed that "the bus gate outside the Queen pub has been turned off for the time being".

The expression "for the the time being" indicates something that is ongoing for a period of time and the end of which is not immediately foreseen or very imminent. Therefore when I travelled through the bus gate, I did so in the reasonable expectation that the bus gate was still suspended.

If the council's intention was that the bus gate would become operational again within less than a week, I would have expected the council's email to confirm the date that enforcement would resume, or at least give some indication that enforcement was to recommence imminently.

In the circumstances I had a legitimate expectation that the information provided by the council was accurate, and had that unequivocal assurance not been given, I would not have taken this route.

In the circumstances, no contravention occurred and the PCN must be cancelled.

Yours faithfully,



In the meantime I'll find out the make and model of the camera and the dates when enforcement was suspended.
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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: Bradford Council code 34j - dispute
« Reply #5 on: »
Thank you for your reply @cp8759.

I'm a private hire driver and did share with friends in regards to the temporary deactivation of the bus gate camera. Do you suggest they also use the same draft?
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Re: Bradford Council code 34j - dispute
« Reply #6 on: »
Quote from: Peekaboo97 on July 21, 2023, 01:18:38 pm
Thank you for your reply @cp8759.

I'm a private hire driver and did share with friends in regards to the temporary deactivation of the bus gate camera. Do you suggest they also use the same draft?
Well they'll have to amend it slightly to explain that you forwarded it to them, but yes the principle is the same.
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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: Bradford Council code 34j - dispute
« Reply #7 on: »
I've had 7 pcns come through... Can i appeal the multiple pcns at once or do they have to be done one at a time?

Thanks.
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Re: Bradford Council code 34j - dispute
« Reply #8 on: »
You'll have to do them one at a time I'm afraid. Make sure to challenge all of them because if you don't make representations, you automatically lose.
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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: Bradford Council code 34j - dispute
« Reply #9 on: »
Hi guys.

Received a response back from the council to say all the pcn notices have been cancelled.

I was given false information regarding the bus gate cameras enforcement.
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Re: Bradford Council code 34j - dispute
« Reply #10 on: »
Quote from: Peekaboo97 on August 03, 2023, 02:29:44 pm
Hi guys.

Received a response back from the council to say all the pcn notices have been cancelled.

I was given false information regarding the bus gate cameras enforcement.

Excellent.

You may want to check with council that the cancelled ones are all of them and no more are pending or "lost in the post"
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Re: Bradford Council code 34j - dispute
« Reply #11 on: »
Well that's an interesting response:

There is a bus lane enforcement camera outside the Queen Pub on Bridge Street which is visible here: https://goo.gl/maps/uBQPWZf3YGgkQk198

I would like to know the make and model of the camera please.

The Council’s response is set out below:

The make and model of this camera is AXIS Q1765-LE.
Enforcement was temporarily stopped for maintenance on 03 July 2023 and reactivated on 04 July 2023. They were stopped again on 10 July 2023 and reactivated on 11 July 2023.
Logged
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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  3. Bradford Council code 34j - dispute