3. Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
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Author Topic: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23  (Read 1522 times)

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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #30 on: »
@Incandescent no, this is a London bus lane PCN so in the first instance we need to wait for the enforcement notice and then make formal representations against that.

The council has confirmed that:

All our ANPR cameras are LaneWatch MARK 3.

Of course whether they could prove that in a hearing is another matter.
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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: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #31 on: »
Quote from: cp8759 on October 11, 2023, 12:24:39 am
@Incandescent no, this is a London bus lane PCN so in the first instance we need to wait for the enforcement notice and then make formal representations against that.

The council has confirmed that:

All our ANPR cameras are LaneWatch MARK 3.

Of course whether they could prove that in a hearing is another matter.
Silly me, of course it is !  This just shows you what a Dog's Breakfast the whole of traffic law is in this country.
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #32 on: »
If I formally challenge, will you guys help me?

I've looked through London Tribunals and found 3 x "being in a bus lane" contraventions that were successfully appealled. 1, 2, 3


Can I work out if the prescribed device reason will work for me ahead of time? Or is it a roll of the dice?

Also, I noticed a lot of successful appeals have this reason:

Quote
The Enforcement Authority has informed me that they will not contest your appeal against the Penalty Charge Notice(s) mentioned above.

The Chief Adjudicator has therefore allowed your appeal without considering your evidence or any details of the case. You are not liable for any further charge(s) and, where appropriate, any amounts already paid will be refunded by the Enforcement Authority.

Good outcome, but why does the enforcement authority back down?

If my odds are more than 50% of a successful appeal, I'm happy to continue.
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #33 on: »
The process is that you are sent an enforcement notice, you make formal representations against that, and then the council rejects but usually reoffers the discount.

It's only at that stage that you are able to appeal to the tribunal, if you carry on we will help you every step of the way and at the tribunal stage one of us will usually offer to represent you. We cannot guarantee the outcome, but I don't think we've lost a bus lane case since the summer of 2021.
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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: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #34 on: »
So it looks like I've messed things up. I received an enforcement notice on 08/11/2023 but I "filed it" and forgot to reply as life was happening. Here they are:

[ Guests cannot view attachments ] [ Guests cannot view attachments ]

I received a charge certificate on 03/01/2024. Here it is:

[ Guests cannot view attachments ] [ Guests cannot view attachments ]

Is it too late? Do I now need to pay £195?

Thanks.

[ Guests cannot view attachments ]
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #35 on: »
If you made no representations against the EN, yes, to have to pay it.
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #36 on: »
Quote from: Hippocrates on January 07, 2024, 06:44:55 pm
If you made no representations against the EN, yes, to have to pay it.

The 18th is the absolute deadline so I suggest paying it well before then.
Logged
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
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  3. Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23