Free Traffic Legal Advice

Hi all,

PCN attached.

A PCN has been mailed to me RE the above contravention - driving in a bus lane within a restricted period. The location is vague but it seems as though it is a contravention (although looking on Google maps I cannot see where the bus lane timings are on any signs).

It seems that the signage is not particularly great but nonetheless a lapse in concentration might be to blame for me being in the bus lane.

I have followed another thread (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-driving-in-a-bus-lane-within-the-restricted-period-insufficient-upright-sign/) which seems to discuss the same contravention on the same stretch of road.

However, looking at the argument presented by the appellant, this appears to be on the basis of the technical failings of the PCN rather than the poor signage.

Comparing the PCN in the above case to my own, it seems I won't be able to rely on both the flaws presented in the above case. The only flaw that I can see is that the statutory 28 day period commences with the date of the notice, not the
date of service.

The second flaw (which isn't present in mine) is that of the appeal rights which Havering council seem to have amended now for bus lane contraventions.

My question is, is it worth appealing this based on the 28 day flaw? It seems like if it does go to adjudication, it may be at the discretion of the adjudicator (even if other adjudicators have agreed in the past).

Thoughts? Comments?



[grvideo] https://i.imgur.com/A1FJtpw.mp4[/grvideo]

https://imgur.com/a/dPJ4DlC

The forum doesn't seem to like imgur's blockquote embedding... you could try uploading to https://imgbb.com/ and using the BBCodes it provides, or someone else here may know how to embed images from imgur...

I've read 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 this instruction on the imgur help site
"Where do I find the BBCode?
BBCodes are only available on the desktop website. Once you have uploaded your images, hover over an image and click "Get share links" to copy the BBCode."
but to no avail.

Perhaps in Imgur only the person who uploaded the images can obtain the BBCodes

Yes it did take a few goes and reading a few other forums. I've found an easy fix (for anyone else who is wondering).

- Right click "open image in new window".
- Copy URL
- Use [Img http://*URL link*/img]

This creates your own BB code. Let me know if you can see the pics in my original post. On imgur I couldn't see any option for BB codes despite checking thoroughly.

I was the representative in the other case.  They have completely fixed the PCN wording. We need the PCN number and VRM to look at the video.  It is always sensible to challenge. Signage may well be the issue.

All I can suggest:

Dear Havering

Ref: PCN number HG60871768.  VRM:...

I challenge the issue of the PCN as your evidence does not show the vehicle passing an upright bus lane sign.

Please cancel the PCN as the alleged contravention is not proved.

Yours

Name

Address

PCN is ok.  The dates are correct as per Part II:  https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

Let's see what their reply would be.

Trafficandparkingcontrol@havering.gov.uk

I do it online.  Post: no.

Typical Beasley bolleaux!  Wrong act cited!  Wait for the enforcement notice.  I will draft stronger reps. for you and, if necessary, act at the Tribunal.  Meanwhile, do absolutely nothing.

Actually, mea culpa.  There is an error re dates in the PCN after Enforcement Notice. No worries, this can be included at the formal stage v the Enforcement Notice.

I see, I still wait for enforcement I assume and and not respond ?