3. 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
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34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
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PCN EA58550435

I received post dated 13/07/2023 for an alleged contravention 34j - being in a bus lane in UXbridge Road. It was 00:12 and it was bucketing down. I could not see where exactly it is. I asked for the exact location (I couldn't view the pictures at first). All they did was reply to me on 27th July that:

'You state that it was dark and raining, and visibility was poor, and you could not see that it
was a bus lane. However, once a driver has deemed the conditions safe to drive in, they also
accept responsibility for obeying all road signs and markings.'

They furnished no further pictures other than a still camera shot and a few seconds of footage. I cannot ascertain where it is.

Please advise if I should pay or challenge?

I'm having some computer issues, so not sure if pics will come through:



Many thanks


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Re: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #1 on: »
Just wondering if anyone has any thoughts on this? Not sure how to proceed...
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Re: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #2 on: »
I advise waiting for the Enforcement Notice and making exactly the same representations again. I would make no comment on their initial rejection.

As this is Ealing, they are now well aware of the camera certification issue so I see no point in raising it unless cp feels it is an avenue worth exploring just in case the camera used does not match any new certificate.  A tedious exercise.  But........?

As per the other forum:  a wholly unreasonable response which hopefully they will recapitulate since any formal Notice of Rejection with that kind of response may well provide a ground of appeal.
« Last Edit: August 10, 2023, 09:07:11 pm by Hippocrates »
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@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


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: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #3 on: »
Ok thanks.

When it comes, should I just let you know, and you could advise me how to proceed?
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Re: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #4 on: »
Post the enforcement notice on here when you get it.
« Last Edit: August 22, 2023, 09:21:02 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: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #5 on: »
The camera is a LaneWatch MK3.
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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: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #6 on: »
Hi - I was away and just saw my post...I'm worried that it's quite last minute... :-[

Attached is the notice

Please advise

Thanks in advance



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Re: 34j Uxbridge Road Ealing (Eastward) (U), Bus Lane fine
« Reply #7 on: »
As per @Hippocrates's suggestion I would just make the same representation again.
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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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