3. BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
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BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
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Hi all,


This was originally posted here : http://forums.pepipoo.com/index.php?showtopic=150038&st=0&gopid=1782143&

Sent in a representation for this : (https://docs.google.com/document/d/1SZgq4dxhSSLYEmCryhUQd99JrOzOkd8WFFcMpAp3ABg/edit?pli=1)

We thought on the basis of there not being sufficient signage it would get dismissed (as coming out of York street turning right onto Charles street there was no signage as we could see from Google maps). However, they have come back saying we used pictures from Nov 2022, and in 2023 there is new signage there?

These are the links to the mail i have received now:








Initial information regarding the case:

Got this through the post, an 'alleged bus lane contravention' i would be greatful if anyone can help, i am not sure how i did not see the signs unless they are hard to see.

Details are :

Date of contravention: 20/05/20223
Time: 13:56
Date of PCN: 24/05/2023

PCN: 'Being in a bus lane (during the hours of operation of the bus lane) - Location : Oxford Road (Charles Street to Brancaster Road)

I have included images of the pcn here:



« Last Edit: June 29, 2023, 10:59:52 am by andy_foster »
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Re: BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
« Reply #1 on: »
Two thoughts:

If they have new photos that are taken monthly, it's a bit odd they've not provided any in the Notice of Rejection.

Also, there's a service vs delivery flaw in the Notice of Rejection and this argument has recently found favour with the tribunal.

I can't guarantee the outcome, but if you want to carry on I'm happy to represent you at the tribunal.
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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: BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
« Reply #2 on: »
Yes, i am more than happy for you to represent me at the tribunal, thank you.

Also, on the original post on the other site, someone did also mention :

However, one of the statutory grounds is missing on the PCN, (it must contain all of them), so this could make the PCN void if taken to adjudication.
See 5(4)g
https://www.legislation.gov.uk/ukdsi/2022/9...art/2/chapter/2

Would the above be of any help to us?
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Re: BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
« Reply #3 on: »
I'll drop you a PM.
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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: BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
« Reply #4 on: »
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
Re: BUS LANE PCN - MANCHESTER CITY COUNCIL OXFORD ROAD (CHARLES STREET TO BRANCASTER TOAD) - REPRESENTATION REJECTED
« Reply #5 on: »
Finally got this back from the council:

The make of the camera in question is a Yunex Traffic and the model is a Lane watch MK2/MAV52
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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