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 1344 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 #15 on: »
Rowlando I'd suggest you post a draft based on the faded markings and we'll tidy it up 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 #16 on: »
Here's my draft appeal:

Dear Sirs / Madams,
Ref: PCN MT87044495 VRM LC62 DVR

I appeal against the issue of this PCN. My challenge is based on these points:

  • The bus lane markings are faded.
  • Very dark road (street lighting does not look very effective)
  • Heavy rain

The combination of these facts means it was impossible for me to see the bus lane markings. My passenger has provided a statement to back this up:

"I am also a driver and was sitting in the passenger seat at the time of the infraction. It was dark and raining heavily and there was poor street lighting. I didn't see the lines of the bus lane and was not aware we had entered it. I can see from the video and photographs provided with the PCN that the lines are barely visible especially given the weather conditions at the time."

Your own video evidence and photos demonstrate the poor visibility of the road markings.

Google Street View - https://goo.gl/maps/RpTYD41NgPFUuNx47 - shows the faded lines as of August 2022. I have attached photographs of the location to show the road markings are even more faded a year later. These photos were taken on July 19, 2023.

For comparison, I have attached an image of a bus lane that has clear markings. This was taken in a nearby area. If the road markings on Wimbledon Hill Road were maintained I would have been in a position to see the bus lane at night, in rain and in poor light.

Please cancel the PCN accordingly.

Yours faithfully
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #17 on: »
If your passenger is going to provide a witness statement this would have to be a separate document that identifies the witness, giving their name and address.

To be honest given the CCTV footage I don't think it's necessary, but if you're keen on that I can give you a draft.

What you've put in your draft is just anonymous hearsay, which even in the informal context of a PCN representation is worth basically zero.
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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 #18 on: »
I agree with CP just give your account for now, Make sure you say you could not see the signs or lines given the poor visibility
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #19 on: »
Thanks both. I'll go with this:


Dear Sirs / Madams,

Ref: PCN MT87044495 VRM LC62 DVR

I appeal against the issue of this PCN. My challenge is based on these points:

The bus lane markings are faded.
Very dark road (street lighting does not look very effective)
Heavy rain

The combination of these facts means it was impossible for me to see the bus lane markings and the signs.

Your own video evidence and photos demonstrate the poor visibility of the road markings.

Google Street View - https://goo.gl/maps/RpTYD41NgPFUuNx47 - shows the faded lines as of August 2022. I have attached photographs of the location to show the road markings are even more faded a year later. These photos were taken on July 19, 2023.

For comparison, I have attached an image of a bus lane that has clear markings. This was taken in a nearby area. If the road markings on Wimbledon Hill Road were maintained I would have been in a position to see the bus lane at night, in rain and in poor light.

Please cancel the PCN accordingly.

Yours faithfully
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #20 on: »
When I appeal, I have to choose from a list of reasons.

After I choose "I did not realise I was in a bus lane" I see this screen. The text on this page includes:

"The markings for bus lanes make them easily distinguishable from the rest of the road. As it is the driver's responsibility to be aware of and obey traffic signage and directions at all times and to know and understand the Highway Code, drivers should be aware that they cannot drive in a bus lane."

I think this paragraph only goes to serve my case. The bus lane is not easily distinguishable.

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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #21 on: »
Keep those screenshots, they may be useful later on.
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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 #22 on: »
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #23 on: »
Fight it all the way

How are you getting on with it?
« Last Edit: August 29, 2023, 07:25:57 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 #24 on: »
I haven't heard back from Merton Council. Will post here when I do.
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #25 on: »
OP - have you heard back from the council on this one at all?
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #26 on: »
Nothing received in the post.

Do you know when I should expect to hear something?
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Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« Reply #27 on: »
There is no absolute rule for bus lane PCNs, but it can take up to 2 / 3 months. If they go over that, it opens a route of appeal based on undue delay.
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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 #28 on: »
Merton Parking Services have replied about my PCN. I have attached the PDF.

[ 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 #29 on: »
So, by re-offering the discount, Merton have given you an unenviable choice; pay-up now and be done, or go to London Tribunals and risk another £65.  The wide white line may be faded, but there are plenty of signs at intervals along the bus lane. It is certainly not a slam-dunk win situation.

Of course if the CCTV camera is not an approved device, it becomes slam-dunk !
« Last Edit: October 10, 2023, 12:26:58 am by Incandescent »
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  3. Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23