Hello
I have received a PCN for driving in a bus Lane. I was driving down the Headrow in the direction of westgate.
I have attached the PCN below.
I have a few questions regarding challenging this notice. Would like to know if i have any valid grounds of appeal and winning. Also curious what are the rules if someone stops and turns around when caught in a bus lane or when you go down a bus lane that is empty, no buses around and quiet roads.
I will go back to the location to take photos, but in the meantime i am going off google maps (which i believe is accurate as of current/ time of contravention).
1) The bus gate came in force at 7am sunday (hardly rush hour), i got done at 7.05. Is there any appeal based on being so close to the time it activated. Any sort of grace period? As you would already be set in that direction (caught up at the several traffic lights prior). Time on clock not being accurate etc.
2) As can be seen from google maps, the sign is hidden behind lampposts Infront. Although it can be seen, cant read what it says and the details are the important part. I dont believe there are any prior warning signs (just the signage at the point of bus gate being on the floor), i do see some on google maps but again will go out and double check if this still there. You can read it but only when right upto it. However at this stage you are committed to going down the road unless you stop dead and reverse back into a busy junction. It is also quite far into the pavement and not by road side as you would expect. If it was on the lamppost closer to the road it would be much clearer.
3) As can be seen from the evidence my sun visor is down (completely my fault but to block sun) and so again makes it difficult to read signage high above road level when closer to signs. While from far it is either blocked from view by lampposts or illegible from distance.
4) Have read through a few other cases on here regarding leeds and seen some talk about 'the statutory ground of appeal at regulation 5(4)(g) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 is missing from the PCN that has been served. That is a procedural impropriety on the basis of which the penalty charge must be cancelled.'
No idea what this means but my PCN looks exactly the same, thus wondering if this alone is sufficient?
PCN:
https://1drv.ms/a/s!AsX7Aj9H3JFyvhkMnOxLgZ5j6abB?e=nSGtkGGoogle images:
https://www.google.com/maps/@53.7994139,-1.5448876,3a,75y,279.53h,84.69t/data=!3m6!1e1!3m4!1scKRamh9UhENBCoId2b1QcQ!2e0!7i16384!8i8192?entry=ttuhttps://www.google.com/maps/@53.7993726,-1.544506,3a,54y,276.94h,84.8t/data=!3m6!1e1!3m4!1seDsRkfdARYzVmO9Xe-Ig5A!2e0!7i16384!8i8192?entry=ttuRegards
