Free Traffic Legal Advice

Dear All,

I have already posted this on another forum called pepipoo but but a poster there has advised to also seek assistance from the good people in this forum as well. Please refer to the post I put in that forum below:

Link: http://forums.pepipoo.com/index.php?showtopic=150691&st=0&gopid=1787218&#entry1787218

Hi All,

I was wondering if anyone could help me on whether I can successfully appeal a Penalty Charge Notice I have received this morning for going through a 'new' Manchester City Centre 'Bus Gate' at Deansgate last week.

The issue I have here is that the advance road sign (looking on google street view it was well in advance) I missed it and the next sign was at the entry point of the gate. At the entry point of the Bus Gate I did stop and tried to turn back and then turn around but the way the road layout is designed such that neither reversing is possible due to a pedestrian crossing immediately before the entrance of bus gate thus risking pedestrian safety/risking collision with motorists who are behind and there is an island in the middle of the road before the entrance of the bus gate making it extremely difficult to turn in the road which is what I attempted but before I could fully turn the car other vehicles were directly behind me making it impossible to now go back and not entering the bus gate. I was forced to enter the bus gate and as a result I have received this PCN. The council say CCTV approved camera footage was used to capture my car so the CCTV should also capture the attempt that I made to turn the car around to avoid entering the bus gate. The footage will also clearly indicate that I was forced to enter the bus gate as there was no means possible to avoid entering it.

Link to PCN: https://www.flickr.com/photos/198760434@N04/with/53052132096/

I would really be extremely grateful to anyone who can help advise in successfully appealing this PCN as I had no option but to enter under the circumstances i.e. risking hitting a pedestrian or another motorist.

Regards,

JusticeNow10

P.S. I am awaiting on CCTV video footage from the council.

Hi All, any support and advice?

This is the exact location.

https://www.google.com/maps/search/deansgate+bus+gate/@53.4834547,-2.2461948,20z

I think you have reasonable grounds to appeal, but the google street view isn't up to date. Are you in a position to go back and get photos of the signage leading up to the bus gate?

Also, which direction did you approach the junction from?

Out of interest do you agree with my grounds for appeal?

Thanks, I will try and get some in next day or so.

Advance warning sign

Signs at the start of the bus gate

Let's home the OP's photos reveal a change in circumstances.

Hi All,

So I went back to road this afternoon on foot and took some pictures and video of the advance sign and the sign on the entry to the bus gate (Video and pictures located here: https://www.flickr.com/photos/198760434@N04/with/53064145104/

Have to say they match what is on google maps. I did miss the advance sign as there was 1 large van in front of me as I was passing it by and was glancing at my Sat Nav at the time. What I see in the video is that there are couple of posts with other signs partially obscuring the advance bus gate sign so not sure if that could be highlighted. I did then notice in the video that I recorded today, that there is a diversion and road ahead closed sign at the traffic lights before the bus gate entrance. These signs weren't there on the 10th July 2023 the date of the alleged contravention.

If you refer to video footage I have provided in the link above, 1 minute and 40 seconds in you will see 2 vehicles trying to turn back and on this occasion succeeding and thus not entering the bus gate. I was trying to do the same but the car behind was too close and refused to go back. Had it done the same as the 2 vehicles in the video I have provided, I too would have been able to turn back and avoided entering the bus gate thus not in contravention of the restriction. It is very frustrating. I still feel I should appeal on the 'Other Grounds' and looking at this link from this website: https://drive.google.com/file/d/1xnmj-f7F-2vJBWxrX7r2XWkb9GPOR0fj/view from the cancellation guide from Manchester City Council, I feel my case falls into the text below:

"Other Reasonable Grounds/Mitigating Circumstances
On occasions where the PCN was correctly issued, but there are mitigating
circumstances, the Council will take into consideration mitigation when
reaching a decision.
The Council has a duty to act fairly and proportionately and will exercise
discretion sensibly and reasonably.
We will also consider using our discretion to cancel a PCN in the following
circumstances:
● Where there is satisfactory evidence that the vehicle had broken down
and reasonable steps were taken to remove it as soon as possible
(evidence must be supplied)
● Where the interests of justice in the Council’s opinion require the
cancellation of the PCN."

Does anyone agree? If anyone could offer me a statement to that effect that I can put forward in my representation / appeal I would be really grateful. Happy for you to DM if you can also.

Have to re-iterate pedestrian and motorist safety was what I took into consideration in terms of not reversing. There was an opportunity prior to the car behind where I could have reversed but that is when many pedestrians where crossing directly behind that would have been dangerous and more serious than then contravening the restriction. So I believe some discretion needs to be taken into account and I feel justice here would be to cancel the PCN as I had no other choice. Anyone agree?