3. Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« previous next »
Pages: [1]

Author Topic: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound  (Read 758 times)

0 Members and 260 Guests are viewing this topic.

Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« on: »
Hi all,

Like a few other members I've been caught out by the new bus lanes and extensive road/building work confusion in Leeds City Centre and driving late at night accidently drove through a bus lane (I had no idea I had until receiving the notice!).

I'm aware there are several ways this can be contested, procedural impropriety being one. Can anyone guide me on the best response and any further steps?

Please see all evidence and PCN at the following link: https://1drv.ms/f/s!Ai4Uwj1gd1LApnrLNlmO8oFDM7gl?e=Kil7Ff

Thanks in advance
Logged

Share on Bluesky Share on Facebook

Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #1 on: »
While there is some scope for a technical challenge, in the first instance are you able to pop back and get us some photos of the signage?
Logged
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: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #2 on: »
Thanks cp, I've gone back to take some, please see link https://1drv.ms/f/s!Ai4Uwj1gd1LApnrLNlmO8oFDM7gl?e=Kil7Ff
Logged
Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #3 on: »
Well, I've looked all round, and here is the junction of the Headrow with East Parade, where the PCN claims the contravention occurred, and the photos look nothing like the GSV view at all.
https://www.google.com/maps/@53.7995093,-1.549065,3a,75y,356.5h,86.66t/data=!3m6!1e1!3m4!1sK-6oNJ9sJWkp9Kc26-2Chw!2e0!7i16384!8i8192?authuser=0&entry=ttu
 

On the other hand, the junction of East Parade and South Parade is obviously the location, albeit GSV last view is July 2021: -
https://www.google.com/maps/@53.7990628,-1.5491058,3a,90y,25.46h,86.18t/data=!3m6!1e1!3m4!1s2RPlF9dMEr8U3EkIScqbIg!2e0!7i16384!8i8192?authuser=0&entry=ttu

So it seems to me that with a totally incorrect location on the PCN, it is void.
Logged
Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #4 on: »
In the circumstances I'd make a very simple representation:

Dear Leeds City Council,

The alleged contravention did not occur, please cancel the PCN.

Yours faithfully,
Logged
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: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #5 on: »
I'm not familiar with Leeds or your occurrence but looking at maps I see Foley Tap House (in your pictures) on the corner of E Parade and The Headrow which would mean the location could be correct
Logged
Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #6 on: »
Thanks for the responses.

As you allude to incandescent it looks like the incorrect location. Searching the particular bus gate, I can only find references made to the East and South Parade junction "The new 24-hour bus gate on East Parade (where its junction meets South Parade) comes into effect from 5am Monday 19 June." https://shorturl.at/cdpsG

cp - thanks for the representation. Will they likely accept the response and cancel the PCN do you think? And I'm assuming from your suggested wording it's not beneficial to provide any description of the location error in the response?
Logged
Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #7 on: »
Quote from: annonomite on September 27, 2023, 01:30:01 pm
cp - thanks for the representation. Will they likely accept the response and cancel the PCN do you think? And I'm assuming from your suggested wording it's not beneficial to provide any description of the location error in the response?
Realistically I don't think Leeds will cancel regardless of what you say. They will issue a notice of rejection, then we can help you appeal to the tribunal and I suspect they won't contest the appeal. Most councils adopt this strategy because while it takes them a lot of time and effort to contest a tribunal case (which more often than not they'll lose anyway), sending a templated notice of rejection is cheap and easy and they know most people will give up at that point.

I'll be happy to represent you at the tribunal if you do get a rejection.
Logged
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: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #8 on: »
Appreciate that cp. I've appealed as per your wording above and will update on the outcome. Many thanks
Logged
Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #9 on: »
Just to wrap this up, we appealed to the tribunal and the council immediately DNC'ed the case.
Logged
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: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
« Reply #10 on: »
Quote from: cp8759 on October 30, 2023, 01:33:12 pm
Just to wrap this up, we appealed to the tribunal and the council immediately DNC'ed the case.
Just as you anticipated. What robber barons they are ! 
Well done to the OP for sticking with us.
Logged
Pages: [1]
« previous next »
  3. Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound