Author Topic: Bus lane PCN for havering, moved into bus lane for oncoming traffic and issued with a PCN  (Read 2724 times)

0 Members and 185 Guests are viewing this topic.

Afternoon all I originally posted on Pepipoo but have been asked to post on here.   

''hi all, looking for advice, wife was driving in Rromford, essex (north street) she was in a lane and to the left was a bus lane, on the other side of the road it is a single lane (not a bus lane) the bus lane operates from 4pm to 7pm, my wife drive into the bus lane at 18.58pm because she could she oncoming cars passing a parked bus further up on the other side of the road (bus looks like it had indicator on to move out but doesnt in the video), the cars are entering her oncoming lane to pass the bus, so she has moved over into the bus lane.''


I asked if it was worth contesting the ticket, many said its worth a go,  so i did some forum members helped me word a challenge which was

''
On the day of the alleged offence 21st April, I was driving towards the A12 away from Romford in the appropriate driving lane. The road head was clear. A London bus was parked in the opposite traffic lane facing me.

As I approached the bus, I was suddenly confronted with a stream of traffic heading towards me on my side of the road. This traffic had obviously overtaken the bus, without ensuring that the road was clear for them to complete the manoeuvre safely.

Whilst the fault for this situation was clearly with the oncoming traffic. I had to take evasive action to avoid a head on collision.

The action I chose was to move into the bus lane to avoid oncoming traffic.

The council may consider that I had other options. For example doing an emergency stop. Or that I could have been more aware of the danger, and driven more cautiously.

Whilst my decision making could have been improved, the alleged contravention specifically is driving in a bus lane.

Notice that prior to the incident I was driving in the correct lane. I gained no advantage by driving in the bus lane, for example to facilitate undertaking, or prematurely moving over before turning left etc.

It is clear that the only reason I moved into the bus lane was to avoid an accident. Avoiding an accident is an exemption to this contravention. So this PCN should be cancelled.''





[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


just to add the challenge was rejected , short version was that bus lane operates from 4-7pm and vehicle should have stopped in the correct lane and given way to the vehicles overtaking,  instead your vehicle continued to travel using a restricted bus lane during operational hours.





[ Guests cannot view attachments ]

here's the cctv of the offence




[ Guests cannot view attachments ]

my next question is where do i go from here,  2 mins before the cut off,  oncoming traffic,  bus on the opposite lane blocking the traffic i was hoping that there would be a little bit of leniency but its a straight no. 

Thread needs to be in civil-penalty-charge-notices - I've asked a mod to move.
Like Like x 1 View List

You can try appealing on the two minutes thing, but that's about all you've got. The video is pretty damning - she's fairly belting it right along the bus lane. I don't think you'd get anywhere with any other argument, even if those oncoming cars were in the wrong by not giving way.

Please show all the PCN
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

As above, post all pages of the PCN please.

In the meantime I'll try and find out the make and model of the camera.
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

hi are the pcns front page

[ Guests cannot view attachments ]

this is the response to the challenge, there was no second page or any details on the back of this one.

[ Guests cannot view attachments ]
« Last Edit: July 22, 2023, 12:31:14 pm by maisiethecat »

I do not see the page with the grounds still.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r


'hi all, looking for advice, wife was driving in Rromford,

On the day of the alleged offence 21st April, I was driving towards the A12

The registered keeper's(whoever this is) reps have been rejected, it's therefore pay or appeal.

Absent technicalities, appeal outcomes often hang on credibility based upon first-hand accounts, in this case conditions at the time and the driver's view of events, not a bird's-eye camera.

So let's be clear about who was driving, who is the RK and who, possibly 2 people, would need to present evidence at a hearing. 


'hi all, looking for advice, wife was driving in Rromford,

On the day of the alleged offence 21st April, I was driving towards the A12

The registered keeper's(whoever this is) reps have been rejected, it's therefore pay or appeal.

Absent technicalities, appeal outcomes often hang on credibility based upon first-hand accounts, in this case conditions at the time and the driver's view of events, not a bird's-eye camera.

So let's be clear about who was driving, who is the RK and who, possibly 2 people, would need to present evidence at a hearing.

wife was driving, and she is the registered keeper of the car.

this is the response to the challenge, there was no second page or any details on the back of this one.
This is not the response to the challenge. Please read the guidance here on how to post images, imgur is generally best as it had very good integration with the forum.

The registered keeper's(whoever this is) reps have been rejected, it's therefore pay or appeal.
Err no, it's not.

This is a London bus lane case so the next step is the enforcement notice, which the registered keeper needs to wait for.

But I would like to see the informal rejection while we wait.
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

https://imgur.com/a/ZuktQGy

morning,   ive uploaded imgur hopefully this works.

thanks

[ Guests cannot view attachments ]