3. penalty charge notice- bus lane violation
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penalty charge notice- bus lane violation
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Hello,

I have attached the notice received from Nottingham City Council.

Its unclear to me, because there aren't any signs that say this area is a bus lane. Granted theres a no motor vehicles except permit holders, buses, and loading by HGVs.

I am not from Nottingham, didn't see the sign as I was turning left and pretty quickly realised my mistake and turned around.

Is there any chance I can escape this? It was a genuine mistake and didn't really hurt anyone.





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« Last Edit: March 20, 2025, 10:27:43 pm by sugden »
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Re: penalty charge notice- bus lane violation
« Reply #1 on: »
Please post a GSV link to the location, and a copy of the video.
Please also give us the PCN number and Reg Mark - see
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Re: penalty charge notice- bus lane violation
« Reply #2 on: »
Please accept my apologies:

https://maps.app.goo.gl/kmXsZj2dypao6qeD6?g_st=ac

NG46093444

CA12 UOD



FWIW I have dashcam footage too, but not sure how relevant it really is.

I have attached a copy of the video. Please let me know if this is ok.
« Last Edit: March 20, 2025, 10:31:11 pm by sugden »
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Re: penalty charge notice- bus lane violation
« Reply #3 on: »
I have to say I have my suspicions that they can serve a PCN for a bus lane contravention under the TMA 2004, when the sign is a "Flying Motorbike" sign.  Nottingham have previous form with this sort of thing. However, it is just my suspicion and I hope others will confirm or deny this soon. It's my understanding that powers in the TMA to allow councils to enforce moving traffic offences were bing rolled out, but this was recently suspended.
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Re: penalty charge notice- bus lane violation
« Reply #4 on: »
Let's see the video and dashcam footage please.
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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: penalty charge notice- bus lane violation
« Reply #5 on: »
@Incandescent the answer to your query is found in Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin), the short version is that they can use diagram 619 to enforce a bus lane.

As above, let's see the dashcam footage 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: penalty charge notice- bus lane violation
« Reply #6 on: »
https://imgur.com/a/6Afp9Rz - dashcam footage. At the end where it cuts out I just do a U turn.
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Re: penalty charge notice- bus lane violation
« Reply #7 on: »
I have requested the traffic order as well as the CCTV camera make and model, but obviously in the meantime we need to make representations. The most obvious basis I can see is that really the PCN should have been issued for contravention of the no-left turn prohibition, as that is what the signage provides for your direction of travel.

I also think the dashcam footage can be used to get a failure to consider, see the decisions on rows 170 to 177 here.

If you want to go down this route it would probably be easier if I submitted the representations on your behalf.
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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: penalty charge notice- bus lane violation
« Reply #8 on: »
That would be great if you're happy to do that! Let me know what details I need to send
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Re: penalty charge notice- bus lane violation
« Reply #9 on: »
I've sent you a PM.
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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: penalty charge notice- bus lane violation
« Reply #10 on: »
« Last Edit: April 22, 2025, 10:13:20 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: penalty charge notice- bus lane violation
« Reply #11 on: »
Outcome, the adjudicator seems to have missed the point about some of the evidence uploaded to the council website, but the reality is that if she's decided to refuse the appeal it doesn't really matter what you say, she'll just disagree with whatever arguments you advance.
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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: penalty charge notice- bus lane violation
« Reply #12 on: »
From recent cases, it seems TPT has totally removed consideration of any cases where "procedural impropriety" is part of the appeal. In addition, by using the "no prejudice" argument to refuse such cases, they are actually applying mitigation, which they are not allowed to consider. Hm..
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