Author Topic: Camden PCN for using bus lane - can I appeal?  (Read 765 times)

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goonergaz

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Camden PCN for using bus lane - can I appeal?
« on: May 15, 2024, 11:46:25 am »
As title really, essentially I moved across to turn left, which I thought was fine - but I guess not - I guess I should have stayed in a straight line until the end of the white line and turned left? Either way it would be nice if my thoughts are correct, and if they are whether a 'honest mistake, won't happen again' appeal might work? To be fair this is gutting, I got 2 ULEZ fines last year, bought a ULEZ car and now this! I wouldn't mind, but I am always a courteous driver (well mostly), and I never, ever drive in the bus lane (on purpose!).







I guess I was supposed to drive like this;


And not like this;



Thanks in advance for any advice/help :)
« Last Edit: May 15, 2024, 01:54:56 pm by goonergaz »

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Incandescent

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #1 on: May 15, 2024, 12:29:40 pm »
We need to see the video, so download it from the Camden internet site and post it here, or give us PCN Number and car reg so we can go and look.  It does seem a very trivial intrusion, but councils just want your money so you'd have to take them to London Tribunals. What your chance there would be, we can only advise once we've seen the video.

goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #2 on: May 15, 2024, 12:46:34 pm »
We need to see the video, so download it from the Camden internet site and post it here, or give us PCN Number and car reg so we can go and look.  It does seem a very trivial intrusion, but councils just want your money so you'd have to take them to London Tribunals. What your chance there would be, we can only advise once we've seen the video.

Thanks, I must be a bit slow - I didn't see the video...but now I can't figure how to download it!?

And no, the 3 dots don't work I just get a playback speed and picture in picture option...

Sorry
« Last Edit: May 15, 2024, 12:48:58 pm by goonergaz »

goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #3 on: May 15, 2024, 12:49:53 pm »
We need to see the video, so download it from the Camden internet site and post it here, or give us PCN Number and car reg so we can go and look.  It does seem a very trivial intrusion, but councils just want your money so you'd have to take them to London Tribunals. What your chance there would be, we can only advise once we've seen the video.

Thanks, I must be a bit slow - I didn't see the video...but now I can't figure how to download it!?

And no, the 3 dots don't work I just get a playback speed and picture in picture option...

edit;

Does this work?

https://camden.tarantoportal.com/PCN/GetPartialVideo?v=E7F39CD414BC8BC133747668C7A490DAD9D59DB5F6C58AFBF18239FEDCB6C65D160E70F6AD1F11D767311F09E4054ACDB943B187EC859D1F176C4CB2A3FB82EE83D41383B37BE02F9EF983A4889C4C1A8F94F86C1F6ED50FD5DF83AB453149F3FB96FD764A1961458C9C33B787509A49EE3F508924EDDC4F46AE4918F1BE7ACC226CEC21090327F1D8FBAB1B2E1D0E09


Hippocrates

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #4 on: May 15, 2024, 01:07:24 pm »
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/being-in-a-bus-lane-highgate-road-camden/msg10313/#msg10313

Do not pay this. I am happy to represent you as I did in this case linked.  They do not have a VCA certificate for the camera.

Dear Camden

Ref: PCN                       VRM

I challenge the PCN as follows:

1. There is no adequate signage in place or, indeed, shown in the video.
2. There is no exact location stated on the PCN.
3. I put you to strict proof that the camera used to capture the alleged contravention is approved by the VCA. Unless you can do so, the evidence is inadmissible at the Tribunal according to para. 7(2) of Schedule I of the London Local Authorities act 1996 (as amended)

In light of the above, the PCN must be cancelled.

Yours

Registered keeper

Address
« Last Edit: May 15, 2024, 01:15:07 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε
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John U.K.

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #5 on: May 15, 2024, 01:09:15 pm »
Quote
Does this work?

No (link has timed out), you need to download it to your computer, upload it to an external hosting site and post a link here.

Also please repost all sides of the PCN with only name and address redacted.

See https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #6 on: May 15, 2024, 01:32:22 pm »
PCN and video (finally) attached! What a faff that was! lol
« Last Edit: May 15, 2024, 01:52:47 pm by goonergaz »

goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #7 on: May 15, 2024, 01:53:39 pm »
Quote
Does this work?

No (link has timed out), you need to download it to your computer, upload it to an external hosting site and post a link here.

Also please repost all sides of the PCN with only name and address redacted.

See https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Ok, I can't figure out how to download so I have filmed it on my phone and uploaded - all in the previous post ta

goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #8 on: May 15, 2024, 01:59:52 pm »
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/being-in-a-bus-lane-highgate-road-camden/msg10313/#msg10313

Do not pay this. I am happy to represent you as I did in this case linked.  They do not have a VCA certificate for the camera.

Dear Camden

Ref: PCN                      VRM

I challenge the PCN as follows:

1. There is no adequate signage in place or, indeed, shown in the video.
2. There is no exact location stated on the PCN.
3. I put you to strict proof that the camera used to capture the alleged contravention is approved by the VCA. Unless you can do so, the evidence is inadmissible at the Tribunal according to para. 7(2) of Schedule I of the London Local Authorities act 1996 (as amended)

In light of the above, the PCN must be cancelled.

Yours

Registered keeper

Address

Thanks, my case is later though, they could have put up signage since. Also have they potentially had the camera approved since then?

Also, not sure I want to go to tribunal (again - 3 times for the failed ULEZ tickets)   

goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #9 on: May 15, 2024, 02:22:16 pm »
I should add that I'm not the named driver - it's the wifes car

guest17

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #10 on: May 15, 2024, 02:56:07 pm »
+1 to what Hippo has said.

Access across a bus lane is an exemption:-

5.1.1 the vehicle is in the bus lane only to such extent and for so long as is necessary to enter or exit a side road or for it to access or leave premises adjacent to the bus lane;

The core Order:-

https://www.camden.gov.uk/documents/20142/4207157/BUS+LANE+CONSOLIDATION.pdf/66f10077-eaaf-f604-13fc-4c67b57aa374

Mike
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goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #11 on: May 15, 2024, 04:07:51 pm »
+1 to what Hippo has said.

Access across a bus lane is an exemption:-

5.1.1 the vehicle is in the bus lane only to such extent and for so long as is necessary to enter or exit a side road or for it to access or leave premises adjacent to the bus lane;

The core Order:-

https://www.camden.gov.uk/documents/20142/4207157/BUS+LANE+CONSOLIDATION.pdf/66f10077-eaaf-f604-13fc-4c67b57aa374

Mike

Yeah, I saw that - I just thought was it actually necessary (in retrospect)

So should I add a point 4 stating the above?

I challenge the PCN as follows:

1. There is no adequate signage in place or, indeed, shown in the video.
2. There is no exact location stated on the PCN.
3. I put you to strict proof that the camera used to capture the alleged contravention is approved by the VCA. Unless you can do so, the evidence is inadmissible at the Tribunal according to para. 7(2) of Schedule I of the London Local Authorities act 1996 (as amended)
4. As per your exemption 5.1.1 I was in the "bus lane only to such extent and for so long as is necessary to enter or exit a side road"

In light of the above, the PCN must be cancelled.
« Last Edit: May 15, 2024, 04:18:11 pm by goonergaz »

guest17

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #12 on: May 15, 2024, 05:42:25 pm »
 OP--make it a bit easier for them:-

The core Order (The Camden (Bus Lanes) (Consolidation) Traffic Order 2012)specifies an access exemption at Art 5.1.1. I was in the "bus lane only to such extent and for so long as necessary to enter or exit a side road" as demonstrated by your camera evidence.

Mike

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Hippocrates

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #13 on: May 15, 2024, 07:32:34 pm »
I have all the paperwork to do with this bus lane, the cameras and the number of bus lanes actually on the said road.  MrMustard knows the lack of signage well.  Fun time!

The Mrs should do the challenge. She can always authorise you at this stage or any stage in the process.

Anyway, as I promise all my clients, if I lose a bus lane case, I pay half. I got 5 out of 7 cancelled two weeks ago against Lambeth and more to follow because the infamous council say formal represenatations were not made in time! Costs application filed today.  2240132030
« Last Edit: May 15, 2024, 07:40:10 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε
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goonergaz

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Re: Camden PCN for using bus lane - can I appeal?
« Reply #14 on: May 16, 2024, 02:44:37 pm »
I have all the paperwork to do with this bus lane, the cameras and the number of bus lanes actually on the said road.  MrMustard knows the lack of signage well.  Fun time!

The Mrs should do the challenge. She can always authorise you at this stage or any stage in the process.

Anyway, as I promise all my clients, if I lose a bus lane case, I pay half. I got 5 out of 7 cancelled two weeks ago against Lambeth and more to follow because the infamous council say formal represenatations were not made in time! Costs application filed today.  2240132030

So I'm 100% clear, I challenge stating (my changes in bold);

Dear Camden

Ref: PCN                      VRM

As the owner of the registered vehicle, I was not driving at the time in question. My husband was driving, and he will be representing me from this point forward.

I challenge the PCN as follows:

1. There is no adequate signage in place or, indeed, shown in the video.
2. There is no exact location stated on the PCN.
3. I put you to strict proof that the camera used to capture the alleged contravention is approved by the VCA. Unless you can do so, the evidence is inadmissible at the Tribunal according to para. 7(2) of Schedule I of the London Local Authorities act 1996 (as amended)
4. The core Order (The Camden (Bus Lanes) (Consolidation) Traffic Order 2012)specifies an access exemption at Art 5.1.1. I was in the "bus lane only to such extent and for so long as necessary to enter or exit a side road" as demonstrated by your camera evidence.

In light of the above, the PCN must be cancelled.

Yours

My name not the wife's :)

Address


Thanks