Author Topic: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.  (Read 1085 times)

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Drove in a bus lane in Hull, It was late I had been driving 5 hours & following the sat nav in an unfamiliar city was paying more attention to pedestrians and traffic then signage.

We were driving to the Ibis & were visiting hull for an Ice hockey tournament.  We had missed the turn as there were roadworks on the A63 and we were close to the destination.

The entrance is clearly marked at the point of my exit of the bus gate but at the entrance road markings could be clearer, but looking at street view signage appears to be sufficient.

Are there any grounds for appeal ?

Location of Entrance
https://goo.gl/maps/vAm6Nw2YqQgRiQWbA

Link to dropbox
https://www.dropbox.com/sh/uawq2tsbmuykm94/AAANK2Am-RNFW8L-64mZUFIMa?dl=0

Containing
-   PCN Letter
-   Location and direction of travel
-   PCN Photos
-   PCN Video
-   Traffic regulation order from Council website

Thanks in advance !

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Re: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.
« Reply #1 on: »
I think we've seen this one before back in 2022.

Unfortunately, in addition to the signs at the entry, they have put up advance warning signs: -
here: -
https://www.google.com/maps/@53.7438626,-0.3368729,3a,45.7y,209.01h,96.53t/data=!3m6!1e1!3m4!1sDia9ejb07emAIdifAJaPzw!2e0!7i16384!8i8192?authuser=0&entry=ttu
and here: -
https://www.google.com/maps/@53.7447481,-0.3384013,3a,19y,136.97h,90.04t/data=!3m6!1e1!3m4!1sKE6xh0OTEqqFQqzcITvfwA!2e0!7i16384!8i8192?authuser=0&entry=ttu

Using satnav without paying attention to road signs is fatal today, as even if you've downloaded the latest file, the base data can be way out of date. Having said that, the restriction goes back to 2017.

The discount is your best option IMHO. Problem is we don't know if Hull reoffer the discount on postal PCN refusals. If they do, it might be worth submitting a grovelling appeal for clemency.
« Last Edit: July 19, 2023, 09:22:31 pm by Incandescent »

Re: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.
« Reply #2 on: »
Incandescent none of your links work, you can't copy paste them from elsewhere if they've been shortened.

The statutory ground at regulation 5(2)(g) of the appeals regulations is missing from the PCN, and the council might fail to consider that if an appropriate representation is put in.

There are only two councils that don't re-offer the discount, those are Nottingham and for CAZ cases only, Birmingham. Therefore I would suggest a representation is put in in this case as the discount will be reoffered providing representations are made during the initial 14 days, but I'd like to have a proper look at the signage first (someone please post the correct links to the AWS, I had a look but can't find them).
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

« Last Edit: July 19, 2023, 04:46:25 pm by cp8759 »

Re: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.
« Reply #4 on: »
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: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.
« Reply #5 on: »
Thanks all for your Input,

I did come across refrence to that clause not being stipulated on others cases, however I dismissed it as they make refrence to the act on the first page?





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Re: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.
« Reply #6 on: »
I've now corrected my GSV links, although I see somebody has already put them in.  I've also reverted to my familiar nonm-de-plume of 'Incandescent", (as in .....with rage <at council mendacity>)

Re: Hull City Council, 34J being in a bus lane, Carr Lane Bus Gate.
« Reply #7 on: »
I did come across refrence to that clause not being stipulated on others cases, however I dismissed it as they make refrence to the act on the first page?
The mention the regulation but the point specified by ground 5(4)(g) is missing, that's why I suggested you use that draft.
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