3. Merton - PCN - BL The Broadway WimBDg-Queens
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Merton - PCN - BL The Broadway WimBDg-Queens
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Hi

I've just received a PCN for being in a bus lane outside Centre Court in Wimbledon. I wanted to ask if there are any grounds I could fight on. The visibility was very poor, road markings seem inadequate in the video and pictures. Wondering if it is worth appealing.
PCN here - https://ibb.co/5cvh9hC
Google maps location here
https://www.instantstreetview.com/@51.420786,-0.206054,106.36h,-6p,2.51z,u-2-NPfCCVrZJVMqxoqkWQ
Pictures:
https://ibb.co/RSw0KCN
https://ibb.co/NSsSG92
https://ibb.co/Z80BPJb
https://ibb.co/Z8VhFbM
Video here (Mine is the white BMW)
www.streamable.com/4l8k3v

Thanks a lot in advance!
« Last Edit: August 15, 2023, 07:20:18 pm by CoffeeCake »
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #1 on: »
We've seen this one before on Pepipoo recently, for an OP who approached from Hartfield Road, turned right, and went straight into the bus lane. Road markings and signage were obviously the main points of an appeal. What was your approach ?

I don't know how that case turned out, somebody may do on here. It may not have got to London Tribunals yet.

Merton's own photos condemn their own case, IMHO !
Sorry ! The relevant case is on here a few cases below yours or thereabouts !
« Last Edit: August 15, 2023, 09:24:55 pm by Incandescent »
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #2 on: »
Thank you. That case is indeed very similar. I actually don't recall my approach as I am v. frequently on this route but regardless the markings are not visible. I will take notes from the other thread and draw out an appeal.
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #3 on: »
post your draft here before sending the signage is not so bad but the lack of markings is a strong point
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #4 on: »
I have made enquiries about the camera's approval status.
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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 - PCN - BL The Broadway WimBDg-Queens
« Reply #5 on: »
Please please please appeal. They'll reject it before they even read it. But let's pool together on this one.

They haven't replied back to my latest (formal) representation. It was issued in April; I replied back to the formal EN a few weeks ago. Tbh whatever the outcome, I've learnt a hell of a lot in the last few months about this so it's worth it; I've made it clear I will relentlessly go as far as is required on this one.

When you respond to them, keep it professional and concise. There's absolutely no way on the painted earth that those 'bus lane lines' are legally enforceable. It's not an exaggeration when I say professionally removed paint lines are more visible than the markings in Wimbledon. The highway code would throw it out imo.

If a Zebra crossing has that standard of paint wear and a child got hit because the driver didn't see the crossing (let's pretend there was a power cut and the lollypops were out), the council would be begging to settle out of court as they'd know full well they were in the sh!t.
« Last Edit: August 22, 2023, 09:53:50 am by GRYOUT »
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #6 on: »
Just an observation from OPs pics. The red car in front of your white BMW also appears to cross into the bus lane. I'm willing to bet they also got a PCN. The must take it on from this.

When the road is wet or slightly damp, as was also the case for me, those lines are IMPOSSIBLE to see from the drivers vantage point.

Remember, the enforcement camera is tweaked to give a high contrast birds eye view, and doesn't indicate the lighting conditions or visibility of the road on the day for you. What matters is the driver's eye view. The highway code specifies standards to ensure safe visibility for road users (not road watchers).

Fight it with me and let's get these guys to fix up. If ruled unlawfully, I'd want Merton to refund every driver they got to cough up money. Issuing fines for such unkept road markings should be considered unlawful in itself.. some kind of extortion

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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #7 on: »
Your approach would have been identical to mine, from Hartfield road. We know this as the traffic behind you once you've merged (Black Kia at the lights) remains at the light and doesn't move in any of the photos you've uploaded.

I'm going the distance on this one anyway.

 I see they've also painted those double yellows a bit more (on the left of your photos). They're newly painted... Which is also another thing worth noting. It shows what the lines SHOULD look like if they're fit for purpose.. so it's very easy to compare what an acceptable and unacceptable line looks like. If it can't be seen like the double yellows can, then it can't be enforced. Simples. Lfgo.
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #8 on: »
Quote from: cp8759 on August 20, 2023, 02:54:38 pm
I have made enquiries about the camera's approval status.
I found this web page whilst browsing; not sure if helpful or not https://www.merton.gov.uk/streets-parking-transport/parking/enforcement/camera-certification
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #9 on: »
@CoffeeCake what's the current status of your PCN?

If you've made representations, post up a copy please.
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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 - PCN - BL The Broadway WimBDg-Queens
« Reply #10 on: »
Bump! Curious to know how you're getting on too @CoffeeCake.

Do update us when you can
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #11 on: »
Reply for Merton council:

Quote
There are two cameras on the junction on the same column:

The camera makes and models are:

    1. BOSCH Dinion LTC0612
    2. Yunex LaneWatch Mark 3

I'm 99% sure the footage is from the LaneWatch Mark 3, but I've made a further enquiry to confirm.
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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 - PCN - BL The Broadway WimBDg-Queens
« Reply #12 on: »
OP - have you heard back from the council on this one at all?
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Re: Merton - PCN - BL The Broadway WimBDg-Queens
« Reply #13 on: »
CCTV camera is a Yunex LaneWatch Mark 3.
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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
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  3. Merton - PCN - BL The Broadway WimBDg-Queens