3. Cumberland Road Bus Gate
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Author Topic: Cumberland Road Bus Gate  (Read 4895 times)

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Re: Cumberland Road Bus Gate
« Reply #15 on: »
Well the PCN says they'll provide the video on request, so let's request it and see what happens.

Go to https://digital.bristol.gov.uk/parking/parking-service-contact-form and pick "other parking query" and make a request:

Dear Bristol City Council,

I am in receipt of PCN OB9292342A which states on page 2 that: "The owner of their nominated representative may make a written request for a copy of the still images or recording produced by the approved device, that in the authority's opinion establishes the contravention".

I hereby request a copy of the video recording produced by the approved device, please could you forward it to my email address either as an attachment, or as a shared file via a link or file sharing portal.

Alternatively, please send me a CD or DVD by post.

Yours faithfully,

Take a screenshot of the completed form before you submit it, and take a screenshot of the confirmation page once the request has been made.

If you get the video please post it on here. If you haven't received a response by 24 July, go to https://ocmlive.xrxpsc.com/bristol/OCM-FE/OCM/ and make a representation as follows:

Dear Bristol City Council,

I challenge liability for this PCN on the grounds of a procedural impropriety. In accordance with the information provided on the PCN I requested a copy of the video footage and this has not been provided. Regulation 3(4) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that such a request must be complied with within a reasonable time, today is the last day on which representations may be made and I have still not received the video.

The authority's failure to comply with my request within a reasonable time amounts to a procedural impropriety.

Yours faithfully,

Again, make sure to take a screenshot of the confirmation screen. Do not miss the deadline of 24th July, put an alarm or reminder in your phone.
« Last Edit: July 08, 2024, 11:45:21 pm 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: Cumberland Road Bus Gate
« Reply #16 on: »
@CP8579
Quote

If you get the video please post it on here. If you haven't received a response by 24 July, go to https://ocmlive.xrxpsc.com/Croydon/OCM-FE/OCM/ and make a representation as follows:

For a Bristol PCN???
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Re: Cumberland Road Bus Gate
« Reply #17 on: »
Quote from: John U.K. on July 08, 2024, 09:16:39 pm
@CP8579
Quote

If you get the video please post it on here. If you haven't received a response by 24 July, go to https://ocmlive.xrxpsc.com/Croydon/OCM-FE/OCM/ and make a representation as follows:

For a Bristol PCN???
Whoops, fixed now.
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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: Cumberland Road Bus Gate
« Reply #18 on: »
Great idea, thanks so much. I have just done this today 10th July, taking scrrenshots of both suggested screens. Do I need to wait until 26th July now? What was that date of 24th July based on?

Will they pause the time while this is happening so that I will still be able to pay the reduced rate if they do send?

This was the automated response:

Thanks, we've received your enquiry.

We'll aim to get back to you within 15 working days, however at busy times this may not be possible. We'll send our reply to the email address you gave us.  Please don't upload any files again; this message confirms we've received them.

If your query is about Bristol's Clean Air Zone you need to fill in the Clean Air Zone contact form.

 A copy of what you told us is attached.
« Last Edit: July 10, 2024, 12:29:26 pm by beryll »
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Re: Cumberland Road Bus Gate
« Reply #19 on: »
@beryll if you've made representations then you don't need to do anything else until you get a reply.

In the meantime I've got hold of The City Council of Bristol (Cumberland Road, Hotwells & Harbourside Ward, City of Bristol) (Reserved Bus Lane) Order 2023.
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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: Cumberland Road Bus Gate
« Reply #20 on: »
I haven't made any representations. I'm waiting for 24th July (as suggested above) for their response to the email requesting video footage. Does the fact that they say the following in the automatic email response mean that there is not yet a procedural impropriety?  :

"We'll aim to get back to you within 15 working days, however at busy times this may not be possible."

If I've worked it out correctly - 28 days from Date of Service (27/06/2024) means I would need to make representations by 25/07/2024.

15 working days from submission of video footage request on 10th July means their deadline would be later in the month 31/07/2024.

Does this mean the argument given above of procedural impropriety is invalid?

"Dear Bristol City Council,

I challenge liability for this PCN on the grounds of a procedural impropriety. In accordance with the information provided on the PCN I requested a copy of the video footage and this has not been provided. Regulation 3(4) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that such a request must be complied with within a reasonable time, today is the last day on which representations may be made and I have still not received the video.

The authority's failure to comply with my request within a reasonable time amounts to a procedural impropriety.

Yours faithfully,"


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Re: Cumberland Road Bus Gate
« Reply #21 on: »
@CP8579 what do you think? I should still say the same think in my appeal tomorrow? They haven't responded as of yet to the request for videos.
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Re: Cumberland Road Bus Gate
« Reply #22 on: »
Quote from: beryll on July 23, 2024, 11:55:56 am
@CP8579 what do you think? I should still say the same think in my appeal tomorrow? They haven't responded as of yet to the request for videos.
Whatever you do, don't miss the deadline for submission of reps.
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Re: Cumberland Road Bus Gate
« Reply #23 on: »
OK - Just sent, with same wording as suggested above. Here's hoping. Thank you.
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Re: Cumberland Road Bus Gate
« Reply #24 on: »
Received this via email yesterday, 21st August.

https://imgur.com/a/01xsdub

Along with the requested video as an Mkv file - it just shows the car going through the bus gate, as in the images sent with pcn.

Is this worth pursuing or shall I just pay?

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Re: Cumberland Road Bus Gate
« Reply #25 on: »
I think I will just pay while I can. Thanks for your help this far guys.
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Re: Cumberland Road Bus Gate
« Reply #26 on: »
Although, now seeing the photos on the 3rd page which is what we would have seen approaching from I believe Ferry Road, I can see why we were confused - that small sign with all those different vehicles in - no stop or warning don't go down here if you are 95% of the general public in a car.

Ulgh. Oh well.
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Re: Cumberland Road Bus Gate
« Reply #27 on: »
Dear all I too have received a PCN for this contravention, The paperwork is identical to that previously added here except vehicle and personal details hence not posting images. My question is can an appeal be made on the grounds that had I not gone in the bus lane I would be contravening a very clear keep left sign on the traffic island!?? I approached from Avon crescent and did not see any diversion sign avoiding the bus gate unfortunately the latest google street view is from 2021
Thanks
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Re: Cumberland Road Bus Gate
« Reply #28 on: »
Quote from: ChaddersP on November 05, 2024, 06:07:02 pm
Dear all I too have received a PCN for this contravention, The paperwork is identical to that previously added here except vehicle and personal details hence not posting images. My question is can an appeal be made on the grounds that had I not gone in the bus lane I would be contravening a very clear keep left sign on the traffic island!?? I approached from Avon crescent and did not see any diversion sign avoiding the bus gate unfortunately the latest google street view is from 2021
Thanks
@ChaddersP
Forum rule is one case per thread.
For help and advice with your case please to have a read of
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/

and start your own thread with a brief account of the circumstances (by all means include a link to this thread), all sides of the PCN (redact only yr name & address - leave all else in) and a GSV link to the location.
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  3. Cumberland Road Bus Gate