3. Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
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LoneStartState

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Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« on: March 09, 2024, 11:35:41 pm »
Starting thread on behalf of relative who received this PCN.  See attached PCN. 

Having seen the CCTV video, it is of fairly poor quality and does not seem to really actually make out the contravention.  Location is also vague given Boundary Road is  approximately 1km long and has 7 different bus stops on it according to Google Maps.  Not sure if there are any deficiencies with the PCN.

Worked out the bus stop location is here:
https://maps.app.goo.gl/7ny5JtSpvAkaBrq76

The camera is here:
https://maps.app.goo.gl/K4YdS9hycZG89gPVA

Convenient bit of forced perspective for the council.

Do you feel the contravention is made out? If so would de minimis in this case apply?

Thanks
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Incandescent

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #1 on: March 10, 2024, 11:08:55 am »
Quote
If so would de minimis in this case apply?
Difficult to say without seeing the video, which is their sole evidence, the photos being frames from this.
Here is the sign: -
https://maps.app.goo.gl/S5bdKHaiypn8qbNh9
Carriageway markings also look in good order, (May 2023).

De minimis would be something like a very short stay in the bus stop area, or minimal intrusion, or both.
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LoneStartState

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #2 on: March 10, 2024, 02:53:52 pm »
« Last Edit: March 25, 2024, 10:16:08 pm by cp8759 »
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Incandescent

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #3 on: March 10, 2024, 06:20:00 pm »
At 1.31 in the video, when the OP departs, the Bus Stop sign is shown, so I can't see any appeal argument unless others can think of something. Sign is there and carriageway markings as well.
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cp8759

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #4 on: March 25, 2024, 10:22:22 pm »
@LoneStartState have you made a representation? The 21st day from service ends at midnight tonight.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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LoneStartState

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #5 on: March 25, 2024, 10:37:19 pm »
Hi cp

Thanks for the reminder.  My brother separately submitted reps without my input so I'm not sure what was submitted.  I'll find out from him and post the reps once the council respond and inevitably issue a rejection.

LSS
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LoneStartState

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #6 on: May 09, 2024, 09:40:02 pm »
Just to update the thread.

My brother did receive a notice of rejection from the council but didn't notify me and planned to pay the reduced rate. 

It seems for whatever reason he thought he paid the reduced rate but actually hadn't and ultimately a charge cert was issued.  That will now have hopefully been paid.

An unfortunate end but these things happen.
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cp8759

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Re: Brighton & Hove, Code 47 stopped on a restricted bus stop or stand, Boundary Road (L)
« Reply #7 on: May 15, 2024, 08:30:05 pm »
Quote from: LoneStartState on May 09, 2024, 09:40:02 pm
Just to update the thread.

My brother did receive a notice of rejection from the council but didn't notify me and planned to pay the reduced rate. 

It seems for whatever reason he thought he paid the reduced rate but actually hadn't and ultimately a charge cert was issued.  That will now have hopefully been paid.

An unfortunate end but these things happen.
@LoneStartState that's very unfortunate, if he'd appealed and lost it would have been cheaper. And he might have won.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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