@Dan92 here's the video:
The traffic order is the
Derby City Council (Traffic Street) (Bus, Hackney Carriage and Cycle Lane) Order 2007, I can't see any issues with the order but someone else might spot something.
There are at least two options to explore:
1) The camera authorisation, I have made the relevant enquiries, and
2) De-minimis, which appears to be the obvious ground to make representations and buy us some time.
The deadline to make representations and preserve the discount is 12 September 2024, so it's worth setting a reminder or alarm to make sure the deadline is not missed (don't make the representations now as we want to buy as much time as possible, but don't miss the deadline). Here is a draft:
Dear Derby City Council,
I challenge liability on the grounds of any infraction being de-minimis. In Ashfaq Ahmad Chaudhry v London Borough of Merton (2130253836, 11 July 2013) adjudicator Kevin Moore held that "there is a 20 metre rule that should normally be observed before any PCN should be issued and in this case the vehicle clearly was not driven in the bus lane for this distance. In this case the appellant simply made a permitted left turn across a bus lane for no more than 10 metres before turning left"
More recently in Sarah-Jane Mendonca v London Borough of Waltham Forest (2210480049, 6 September 2021) adjudicator Monica Hillen held that "There is a 20 metre rule that should normally be observed before any PCN should be issued and in this case the vehicle clearly was not driven in the bus lane for this distance. In this case the appellant simply made a permitted left turn across a bus lane for no more than 10 metres before turning left at the roundabout"
The same principle applies to this case, it follows that the PCN should be cancelled.
Yours faithfully,
I also agree with
@Pastmybest regarding the council website at
https://www.derby.gov.uk/transport-and-streets/parking-in-derby/penalty-charge-notices/challenge-penalty-charge-notice/driving-down-bus-lane/ which is nothing short of a disgrace. I will get a nice screen recording for the tribunal, in the meantime to actually make a representation you'll have to go here:
https://pcn.derby.gov.uk/Pages/OnlineReferenceEntry.aspx?loadtype=FORMALOnce you've submitted the representation don't forget to take a screenshot of the confirmation page.
