Free Traffic Legal Advice

It would help you to get meaningful advice if you could please have a careful 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 post up here
all sides of the PCN;
all sides of to your response to the Council;
all sides of the rejection from which your extract is taken.

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A blue sigh showing a bike and a bus and you’re supposed to know that this excludes cars somehow.

Re the blue signs, see
https://www.gov.uk/guidance/the-highway-code/traffic-signs

and scroll down to 'Signs giving orders'

The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 only apply to the Traffic Management Act 2004.  Your PCN will no doubt be under a London-specific Act. Please therefore post-up the PCN as previously requested.

Ok. I am working on this case.

This may well be won on their website grounds which are rubbish.  I will drop you a PM. I understand you have done your best; but, I am more than happy to represent you at the Tribunal. This below is for the birds:

Parking
33c Using a route restricted to certain vehicles ( Buses & Cycles only)

We will consider your appeal according to our appeals policy. If your reason for appeal is not listed in the policy, we are unlikely to accept it. However we will still consider your case individually.

Pay and display (P&D) or Cashless
The following circumstances are relating to scenarios involving P&D tickets or cashless parking sessions.

Select a reason:
I was in a rush and forgot to pay 
I went to get change 
My card payment was declined 
Emergency / beyond driver's control
Reasons that relate to something unexpected happening to the motorist that must be seen to immediately

Select a reason:
I became unwell while driving 
I parked at the location because I needed the toilet 
I stopped because of an emergency situation 
I was delayed due to a medical or urgent condition 
My passenger became unwell while I was driving 
My vehicle had broken down 
My vehicle was cloned 
My vehicle was stolen 
PCN wrongly / unfairly issued
Reasons where it may appear that the PCN was issued unfairly or incorrectly.

Select a reason:
I only stopped for a few minutes 
I was not at the location on the day 
I was not served the PCN 
I was not the driver 
I was not the owner / keeper of the vehicle 
I was only a few minutes late back to my vehicle 
I was unaware of the rules 
My vehicle was not outside the bay 
The vehicle was on hire to someone else 
There was nowhere else to park 
Other
Other reasons we have received that do not fall into one of the above categories.

Select a reason:
A friend / family member recently passed away 
I didn't see any signs or lines 
I was picking up / dropping off a passenger 
My vehicle is a taxi 
The owner of the vehicle has passed away 
None of the above
If none of the above reasons apply, and you wish to challenge your PCN, please select below:

Select a reason:
Any other reason

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When I enter a statutory ground:

Type something in the box below like 'disabled badge' or 'illness' to search for an appeal reason
Search for an appeal reason :
penalty exceeded amount
Suggested reasons for 'penalty exceeded amount'
No reasons have matched your search

Outcome.

So it seems the enforcing authority can fail to follow any of the defined legal processes, but provided the contravention is proved, that doesn't matter. Surely this is directly contrary to the High Court judgement that "provided a set of statutory conditions are met, a penalty can be demanded. If some of those statutory conditions are not met, no penalty can be demanded".

So the adjudicator has erred in law.

Hello, is there any chance of a class action against the council for not ensuring the 'Bus Gate' is sufficiently marked to avoid PCN's needing to be issued anyway? The average issue I understand is around 170 a day! The signage used is certainly incomplete against the official website at least.

Hi,

Does anyone think there is anything else that can be done re this? I still can't believe the council can get away with installing something like this and simply continue to issue PCN's rather than make it clearer to the general public that they are not supposed to go through this street.

Thanks.

Get it into the Press.

The Adjudicator said:

6. The screenshots of the Authority's portal, shows that reasons for challenging the PCN are set out under the headings: "Parking", "Pay and display (P&D) or Cashless", "Emergency/beyond driver's control", “PCN wrongly/unfairly issued”, “Other” and “None of the above”. Whilst I note that the Authority’s portal does not set out the grounds of appeal that are contained in the PCN, Mr Tillbrook’s online submissions neither referred to the grounds in the PCN or any of the reasons for challenging set out on the online portal. As stated above, Mr Tillbrook selected “Any other reason” and wrote out his reasons for challenge. There is no evidence before me that the website created confusion regarding the process for challenging the PCN, or prevented Mr Tillbrook from putting forwards the arguments that he wanted to. The Authority duly considered Mr Tillbrook's submissions and explained its reasons for upholding the PCN in the Notice of Rejection. I do not find that the content of the online portal can constitute a basis for allowing this appeal.

With respect, the Adjudicator has failed to apprehend that, when the statutory grounds were entered, the results showed that none of these was available.  Therefore it follows that any reasonable recipient would not only have been confused but also impeded by the said information.

In light of the above, I ask for a personal hearing and/or a panel decision in view of the clear disagreements among senior adjudicators with regard to these website issues.