3. PCN Brighton York Street Bus Gate
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Moetem

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PCN Brighton York Street Bus Gate
« on: June 23, 2023, 11:20:25 am »
Dear all,

*Originally posted in pepipoo forums, bringing this topic over here*

Today I received a PCN for driving past a bus gate last weekend at Brighton. The driver completely missed the early signage which may have been obstructed however we don't have anyone to check it for us currently.

Below linked PCN and GSV pictures, and the evidence video:
https://gofile.io/d/dDvQmz

Also GSV links:
https://www.google.co.uk/maps/@50.8274981,-0.1354005,3a,75y,356.08h,80.54t/data=!3m6!1e1!3m4!1spllmC1htG1-csHktr1E1FA!2e0!7i16384!8i8192?hl=en&entry=ttu
https://www.google.co.uk/maps/@50.8278661,-0.1354442,3a,90y,27.53h,70.75t/data=!3m6!1e1!3m4!1sm-C7pZj8VxK06S-4iFOHOw!2e0!7i16384!8i8192?hl=en&entry=ttu

This bus gate seems to be quite famous as there's so many topics on it but I can't find anyone successfully appealing it:
http://forums.pepipoo.com/index.php?showtopic=142872&hl=york+place
http://forums.pepipoo.com/index.php?showtopic=142194&hl=york+place
http://forums.pepipoo.com/index.php?showtopic=146819&hl=york%20place&st=0

Can anyone advise if I have anything on the PCN?

Thanks
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cp8759

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Re: PCN Brighton York Street Bus Gate
« Reply #1 on: June 23, 2023, 04:02:50 pm »
Can't see anything on the PCN, but I have requested the TRO. In the meantime a plea for discretion made during the initial discount period should see the discount re-offered.
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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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Moetem

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Re: PCN Brighton York Street Bus Gate
« Reply #2 on: June 27, 2023, 02:26:13 pm »
Hi, thanks for the reply

Not sure i fully understand TROs but can i ask how long it'll take?
Quote from: cp8759 on June 23, 2023, 04:02:50 pm
Can't see anything on the PCN, but I have requested the TRO. In the meantime a plea for discretion made during the initial discount period should see the discount re-offered.
Also not sure how to request a plea for discretion - is it the same as an appeal? If so, then on what grounds shall i appeal it?

Thanks for the help
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cp8759

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Re: PCN Brighton York Street Bus Gate
« Reply #3 on: June 28, 2023, 04:14:19 pm »
Quote from: Moetem on June 27, 2023, 02:26:13 pm
Hi, thanks for the reply

Not sure i fully understand TROs but can i ask how long it'll take?
It can take a few weeks, sometimes it's quicker. The TRO or Traffic Regulation Order is the local bylaw that says that part of the road is a bus lane, and only buses can drive down it.


Quote
Also not sure how to request a plea for discretion - is it the same as an appeal? If so, then on what grounds shall i appeal it?
A plea for discretion is simply a request to the authority that they exercise their discretion to let you off. It won't apply in your case but there's a good example here: http://forums.pepipoo.com/index.php?s=&showtopic=139486&view=findpost&p=1638489


If you have strong mitigating grounds that helps, but if all else fails you can just say that it was an honest mistake / first time contravention and please would they let you off.

Post a draft on here before submitting.
« Last Edit: June 29, 2023, 05:13:29 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 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

cp8759

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Re: PCN Brighton York Street Bus Gate
« Reply #4 on: June 29, 2023, 05:19:54 pm »
I've been able to track down:

The Brighton & Hove (Bus Lanes) Consolidation Order 2018
The Brighton & Hove (Bus Lanes) Consolidation Order 2018 Amendment Order No.2 2021

I can't see anything wrong with the order, but gives others a chance to have a look. You might as well carry on with a plea for discretion as you have nothing to lose in giving it a go, and they might mess up the response.
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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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