LEEDS COUNCIL - Bus Lane PCN - Headrow JNC Vicar Lane West

I have received a PCN from Leeds City council for a Bus Lane contravention on Headrow JNC Vicar Lane West. I was visiting Leeds and being unfamiliar with the area was using SatNav and inadvertently drove through a Bus Gate while it was in operation. As soon as, I realised soon after entering the street and took the next possible exit to come out of it.

I have attached my PCN document received below in full.

Link - https://leeds_pcn_bus.tiiny.site/

Is there any ground to be able to make a successful appeal ?
If I appeal and its rejected, do they still allow paying a discounted rate ?

Newest GSV view is 2021 of this road junction, and I can't find anything that looks like the photos in the PCN. However from the satellite view, it looks like you were driving west alond the Headrow, and wnt past the Buses Only sign. The carriageway has "Bus Gate" on it and this appears in your PCN photo.
https://goo.gl/maps/ZDymgo1TD9dcbQJr9
Here is the advance warning sign, although such is the bus traffic one wonders how anybody can see it at all, or indeed the Buses Only signs !!
https://goo.gl/maps/8jZPgQ3aiLyHcvHu6
As for reoffering the discount, I don't know the answer, but somebody on here may know.

Draft reps:

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Dear Leeds City Council,

I challenge liability for PCN XXXXXX on the basis of a procedural impropriety. Specifically 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.


Yours faithfully,

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If the council rejects they will re-offer the discount, but there is a chance they might commit a more serious procedural impropriety in the Notice of Rejection so when you hear back, post the reply on here as there might be grounds to appeal to the Traffic Penalty Tribunal. I'll be happy to represent you at the tribunal if there are grounds for doing so.

Hi thank you, Fraser and @Cp7859.

I shall appeal the PCN using what you have said below. As someone who isn’t too familiar with regulations could you explain what Section 5(4)(g) means? Also thank you for your offer for representing me but I am likely to not be so comfortable in attending Tribunals and court proceedings. I just wanted to confirm by appealing I wouldn’t be getting myself in more s**t that what Im currently in, is that correct? Once again thank you and I await your reply ☺️

Hi thank you, Fraser and @Cp7859.

I shall appeal the PCN using what you have said below. As someone who isn’t too familiar with regulations could you explain what Section 5(4)(g) means?

Regulation 5(4)(g) is here https://www.legislation.gov.uk/uksi/2022/576/regulation/5 and the regulations say that it must be stated as one of the ground of appeal, as it's missing from your PCN, you can argue that your PCN is defective. Don't worry too much about what it actually says, the key issue is that it's simply missing but it should be there.

Also thank you for your offer for representing me but I am likely to not be so comfortable in attending Tribunals and court proceedings. I just wanted to confirm by appealing I wouldn’t be getting myself in more s**t that what Im currently in, is that correct? Once again thank you and I await your reply ☺️

You don't need to attend and there is no court, there's a video below that explains the process and as I can attend the video hearing on your behalf, you wouldn't actually need to do anything, you just send me the Notice of Rejection and I'll do everything else. NOTE: You never want to go for a decision on the papers, a hearing should *always* be requested for the reasons explained here: http://forums.pepipoo.com/index.php?showtopic=149680 (but again as I can attend on your behalf, this is largely academic).

https://www.youtube.com/watch?v=IR9CF7Z-wWw

You can't get yourself into any trouble, it is your legal right to appeal to the tribunal, and the penalty cannot increase beyond £70 even if you lose.

Councils generally never accept that they're wrong about anything in their paperwork, so the only way you'll get this PCN cancelled is by appealing to the tribunal.

Cases previously won on this point (the last two cases specifically won by me) are:

William Larkin v Essex County Council (ES00008-2301, 23 January 2023)
Riaz Firfirey v City of Bradford Metropolitan District Council (BQ00193-2212, 30 January 2023)
Tony Gregan v Southampton City Council (SN00004-2301, 25 February 2023)

Draft reps:

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Dear Leeds City Council,

I challenge liability for PCN XXXXXX on the basis of a procedural impropriety. Specifically 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.


Yours faithfully,

---

If the council rejects they will re-offer the discount, but there is a chance they might commit a more serious procedural impropriety in the Notice of Rejection so when you hear back, post the reply on here as there might be grounds to appeal to the Traffic Penalty Tribunal. I'll be happy to represent you at the tribunal if there are grounds for doing so.

Hello, i was curious if you had a reply or outcome to this appeal? I think i have the same issue and wondering if/how i should appeal.

Please check my post

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/leeds-council-34j-bus-lane-pcn-headrow-jnc-butts-court/

Thanks in advance