3. Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
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Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
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Hello there!

You know, my dear friend Google Maps (who, by the way, is still on probation with me) suggested that I venture off my usual path and into uncharted territory, and oh, did I fall into the sly traps laid by our very own Big Bad Wolf, the Merton Council. Caught red-handed by the lurking Trap 34J, the most notorious of them all!

Now, one might argue that as a mature adult, I should have known better, right? But here's the twist! It was a night darker than a black cat in a coal mine, rain pouring down like a waterfall in a soda commercial, and the road markings? I've seen ghosts more visible than them!
The evidence, my fine compatriots, is there for all to see. Attached, find my PCN and the compelling evidence from the candid camera - it's as if they knew I was going to be the star of the night! Watch the suspense unravel at

.












Feast your eyes upon the scene of the crime, https://goo.gl/maps/RpTYD41NgPFUuNx47. Wimbledon Hill Road was my fateful journey, and I was but a wayward traveler gently edging left, eyeing the inviting turn into Woodside. But alas, the elusive bus lane markings remained as hidden as the Cheshire cat's grin.

Fret not! I am not of this land, but a kind-hearted stranger on Facebook (God bless the Internet) lent a helping hand by clicking pictures of the current road markings, both in broad daylight and a photo of a pristine bus lane nearby. After all, nothing says "Gotcha!" better than a solid comparison, eh?







So, dear friends, do we stand a chance against the wicked council? Could we win this epic battle, much like David and Goliath? Gather your thoughts, for every word counts in this fight for justice!

P.S. ChatGPT turned my bland message into something a bit more witty!
« Last Edit: July 19, 2023, 06:55:25 pm by cp8759 »
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #1 on: »
Google street view is likely out of date given the amount of roadworks, but it suggests the signage at the start of the bus lane is there: https://goo.gl/maps/XNzJmwdDMaEM1xp66

Can you get photos to show the current signage?

There is also a possible issue with the CCTV approval for the camera which I am investigating, so in the meantime you might as well put in representations during the first 14 days as this will get the discount extended.
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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 #2 on: »
The council's certificate says:



The council has also confirmed this:



It would need to prove that the two are one and the same, which it might or might not do. If it doesn't, then it cannot show that the camera footage is admissible.
« Last Edit: July 18, 2023, 06:26:12 pm by cp8759 »
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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 #3 on: »
I will cycle to Wimbledon Hill Road tomorrow and get photos of signage.

I'm not sure what to do with the information posted so far.
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #4 on: »
Once you have the photos we use all the information available to devise a strategy. What I've outlined so far gives you a possible route to victory, it's just not a sure thing. If the signage is less than adequate, then on the whole your odds are quite good.
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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 #5 on: »
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #6 on: »
Plotted map doesn't work, I get this error emssage:

This map is no longer available because it was moved to the trash. Please contact the owner to restore access.
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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 #7 on: »
sorry, try again
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #8 on: »
The signage doesn't look that bad to me but I'm going to ask one someone else to have a look.
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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 #9 on: »
For me, at that time of night and weather, the main issue was the bus lane markings were not visible. The signage is moot if I can't see the line. Not sure if that's a valid defence.

Also, visiting today, I noticed the camera was position only a few metres before the end of the bus lane. I was turning left, so moved left as I approached the turning, over a bus lane I couldn't see.

Are faded bus lane markings useful in an appeal?
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #10 on: »
Quote from: rowlando on July 19, 2023, 04:19:27 pm
Are faded bus lane markings useful in an appeal?
Yes they are but I've also asked a couple of other experts to have a look for you.
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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 #11 on: »
Wimbledon's road markings can't be legally enforceable imo.

I too have a 34J given for straying outside the broadway. In dark or wet conditions, they are impossible to see.

I've noticed shortly after the broadway, they started repainting the road markings shortly after I received my PCN. I managed to get photos of the road markings a day or so after I received the PCN just in case they try to pull a funny one.

They referenced Google images for me too, from 2021 - even in 2021 I'd question the legality of them. Nowadays, professionally removed road markings appear more visible than those around Wimbledon.
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #12 on: »
I cannot see any external lighting for the signs and they are both, particularly the regulatory sign at the start of the solid white line is well hidden by foliage, the line itself is clearly not visible in the dark and wet. Given the video you have a good chance at tribunal 
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #13 on: »
Quote
I cannot see any external lighting for the signs
- PastMyBest

Speed limit is 20mph - lighting still required??
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #14 on: »
no but absent the visibility is still not good enough
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  3. Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23