Author Topic: Hackney Bus Lane - Hackney Road, no signs  (Read 411 times)

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Incandescent

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #15 on: December 15, 2024, 08:08:53 pm »
Oh no, not that I saw or can remember.. it was oval road that I turned from.

So what should I change on my draft and add in extra? Looking to send today
No sign in place on the last GSV view of July 2022, and I suspect one hasn't been added since. Lack of warning here is key to any reps because the bus lane commences at this T-junction. A motorist turning left out of The Oval will rightly have his attention to the right looking out for traffic and an opportunity to turn out.

https://maps.app.goo.gl/5PD4N5YFeub4D5oa8

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #16 on: December 15, 2024, 08:24:46 pm »
Quote
No sign in place on the last GSV view of July 2022, and I suspect one hasn't been added since. Lack of warning here is key to any reps because the bus lane commences at this T-junction. A motorist turning left out of The Oval will rightly have his attention to the right looking out for traffic and an opportunity to turn out.

https://maps.app.goo.gl/5PD4N5YFeub4D5oa8


Which is exactly what I’m thinking ie to look right and see the sign that’s on the junction is a tall ask..

So should I be mentioning the following points,

1. I had no idea of the bus lane being there, due to lack of signage. No sign before approaching junction pre warning.
 

2. Being the evening bad weather/dark would have made it difficult to see any sign in junction combined with the fact looking right first for traffic would make it more difficult.

Also I assume I shouldn’t mentioned or refer to the sign on the junction as Hippocrates stated and play dumb. I turned no sign seen and no sign to suggest bus lane or restriction - although pretty sure they will come back saying there is a sign on the junction.

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #17 on: December 16, 2024, 12:32:37 am »
I've submitted the below reps to start with, focussing on the points Hippocrates mentioned which also cover the warning signs, and have removed all my candid elements :) - Fingers crossed, await their response, at which point can then specifically mention the road, weather and looking right.


"I am dissapointed in having recieved this PCN which is a first, I was unware that there was a bus restirciton in place, having turned from the side road onto the road where the said contravention has allegedly taken place.

1. The video evidence does not show any signage, either warning and/or bus lane signage passed.

2. I put you to strict proof that such signs if any were reflectorised.

3. I put you to strict proof that there is any warning signage at all junctions before entering the said bus lane.

4. I put you to strict proof that the camera used at this location has the relevant approval from the VCA.

In light of the above, and should you not be able to address points 2-4, I request that the PCN be cancelled."

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #18 on: January 11, 2025, 07:01:50 pm »
Hi All,

As expected received a response from the council rejecting the appeal, yet still offering discounted rate - Await your feedback and how best to proceed, as I guess we would literall be stating the same points?

https://imgur.com/a/UM6cmKh


Incandescent

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #19 on: January 11, 2025, 11:45:54 pm »
Hi All,

As expected received a response from the council rejecting the appeal, yet still offering discounted rate - Await your feedback and how best to proceed, as I guess we would literall be stating the same points?

https://imgur.com/a/UM6cmKh
The usual Fob-Off letter that seems to be just a cut and paste job. They refer to 'mitigation' yet nothing in your reps is based on mitigation, but their clear failure to indicate a bus lane on the side roads when turning onto the road with the bus lane.

So carry on is my advice. Of course it is your money so if you do decide to cough-up, I understand.

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #20 on: January 23, 2025, 06:42:18 pm »
I guess the question is at adjudication would the fact the sign is somewhat difficult to see be a valid reason, as it could be that it meets the regulations and ownes is on drive to ensure they check even if they have to look right first for oncoming traffice?

attached anotehr two image I am looking to use I guess if i take this further, one showing teh sign as you approach but on teh side, you can see a van basically parrallel to it as it turning to give an idea. A second showing when im on the corner and about to turn, in one way if you look for teh sign you'll see it, ie now that I know, otherwise no i guess.

Letter was dated 10th, would 14th day be today or tomorrow?


Hippocrates

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #21 on: January 23, 2025, 10:28:45 pm »
Hi All,

As expected received a response from the council rejecting the appeal, yet still offering discounted rate - Await your feedback and how best to proceed, as I guess we would literall be stating the same points?

https://imgur.com/a/UM6cmKh
Wait for the Enforcement Notice.
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #22 on: March 10, 2025, 08:07:25 pm »
Hi All, received the enforcement letter, a few weeks back, see attached, https://imgur.com/a/yOeNGoR

I have attached some photos i took hoping I can use in my defence - https://imgur.com/a/STlk39O

I believe the only defence is that 1 the position of the sign and 2 the oncoming traffic and 3 visiblity of both previous combined made it difficult?

The only point they made in their reply was that there was signange on the floor, how do I get around that?
« Last Edit: March 10, 2025, 08:09:15 pm by LondonTraveller84 »

Hippocrates

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #23 on: March 10, 2025, 10:04:39 pm »
(2)An enforcement notice must state—

(a)the amount of the penalty charge payable;

(b)the grounds on which the council believe that a penalty charge is payable with respect to the vehicle;

(c)that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the enforcement notice is served;

(d)that failure to pay the penalty charge may lead to an increased charge being payable;

(e)the amount of that increased charge;


https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted

The law is silent with regard to making of representations deadline.

I suggest this and do no not engage with their first letter. Please do not provide any pictures: let them prove their case. Your pictures can be kept for the Fifth Set and I am more than happy to represent you. I have not lost a bus lane case in the last 4 years since I have been back in the game.  8) Hence, in part, my Petition.

Dear TH

I require you to consider my initial challenge as formal representations against the EN.

Please cancel the PCN and EN.


****

For the back burner: website clearly fetters to theft:

The vehicle had been taken without the keepers consent (stolen)

Let me think about adding something along the lines of Egenti v Islington on this issue. We do not have much time. 16th March.
« Last Edit: March 10, 2025, 10:35:40 pm by Hippocrates »
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

stamfordman

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #24 on: March 10, 2025, 10:49:46 pm »
I think they'll lose on the signage aloneat adjudication as the bus lane sign is clearly placed for traffic on the main road and there is no bus lane warning as per the traffic signs manual below.

Coincidentally I cycled around there on a. bike ride today.

--------



Hippocrates

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #25 on: March 10, 2025, 10:59:02 pm »
Exactly. But they are dumb and we should not do their job for them. Pepipoo had a case years ago which Mr Houghton allowed on this issue. All I remember it was an Islington case.
« Last Edit: March 11, 2025, 09:32:53 am by Hippocrates »
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #26 on: March 11, 2025, 11:56:18 pm »
(2)An enforcement notice must state—
(a)the amount of the penalty charge payable;
(b)the grounds on which the council believe that a penalty charge is payable with respect to the vehicle;
(c)that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the enforcement notice is served;
(d)that failure to pay the penalty charge may lead to an increased charge being payable;
(e)the amount of that increased charge;


https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted

The law is silent with regard to making of representations deadline.

Am I missing something here, they've stated al 5 (a-e) in the EN? as for the deadline, surely its straight forward

i. If we count the day of the notice as day 1, then its 12th
ii. If we take 24 hours from the day of notice as day 1, then its 13th?
iii. I have heard of this +2 days for postage but always scared to test it. :-[


For the back burner: website clearly fetters to theft:
The vehicle had been taken without the keepers consent (stolen)

Let me think about adding something along the lines of Egenti v Islington on this issue. We do not have much time. 16th March.

1. Egenti v Islington - Very interesting, just had a read of your post on this! just surpises me the level of appeals and reasons, that your average joe wouldn't even dare to think or consider - So our defene here is the CCTV, doesn't show the conditions around my entry, ie looking left, weather and others, obstacles etc, hence not a full picture? I was going to say I entered further down, having missed the sign, and no further signs were seen.

2. The vehicle had been taken without the keepers consent (stolen) - Surely we can't use this, they'd want proof and also police report and what not?

I will await to see if you guys want me to add anything further, otherwise will reply tomorrow (12th) with your reply, with no pictures at this stage, although confident they'll reject on same grounds, should we not be adding some further reasonings for them to consider?
« Last Edit: March 11, 2025, 11:57:59 pm by LondonTraveller84 »

LondonTraveller84

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #27 on: March 12, 2025, 12:02:31 am »
I think they'll lose on the signage aloneat adjudication as the bus lane sign is clearly placed for traffic on the main road and there is no bus lane warning as per the traffic signs manual below.


It doesn't seem to say the sign is required or mandatory, rather it 'may be' and 'most likely'? or am i being too kind and innocent here. Although I do agree with the fact that the sign does seem more for the main road, rather then side road.

Incandescent

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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #28 on: March 12, 2025, 12:51:57 am »
Everything hinges on their duty in The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996  Regulation 18: -
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

The problem, like so much in English law is use of words that are subjective, and here the word is "adequate". Your inadequate, can be the adjudicators "adequate". However, I think if a turn left out of a side road took you straight into a bus lane, and there was no sign, then an adjudicator would normally rule the signing is inadeqhate.
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Re: Hackney Bus Lane - Hackney Road, no signs
« Reply #29 on: March 12, 2025, 09:03:27 am »
I won against Brighton council for travelling in a bus lane because I had accessed it by coming the other way down the same road and going right round the roundabout to return up the road which it turned out was entirely a bus lane. Unfortunately, they hadn't realised that anyone could or would do that and there was no signage that it was a bus lane until I was in it, when it said bus lane on the road. They didn't even bother to turn up.