3. Sheffield bus gate
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Re: Sheffield bus gate
« Reply #30 on: »
Quote from: Phantomcrusader on November 12, 2023, 01:55:40 pm
Yes definitely give it a go if the discount is re-offered if rejected. I suggest also including this paragraph.

Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes the restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.

Just wanna make sure as i have recieved 2 pcns on the same date like 48 minutes apart so will this still be okay to put in.

Thanks
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Re: Sheffield bus gate
« Reply #31 on: »
This is what you should submit


Quote
I am accused of being in a bus lane but none of the signage used is in accordance with bus lane signing as determined by the Department for Transport’s Traffic Signs Manual Chapter 3. The signage used is a variant of diagram 953 from Schedule 3 of the TSRGD 2016. The TMA 2004 prescribes under Schedule 7 Part 4 that contravening the sign to diagram 953 is a moving traffic contravention and the applicable contravention description according to Annex B to the statutory guidance issued by the Secretary of State is code 33 - Using a route restricted to certain vehicles.
 
The Council has committed a procedural impropriety in its failure to issue a moving traffic PCN in accordance with the TMA 2004 Part 4 and with the statutory guidance which the council must by law have regard to. As a consequence, the penalty charge should be cancelled. If the Council disagrees, I expect the council to layout “clear and full reasons for its decision” as required by the statutory guidance.
 
Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes a bus gate restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.
« Last Edit: November 12, 2023, 05:13:17 pm by Phantomcrusader »
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Re: Sheffield bus gate
« Reply #32 on: »
Quote from: Phantomcrusader on November 12, 2023, 04:46:45 pm
This is what you should submit


Quote
I am accused of being in a bus lane but none of the signage used is in accordance with bus lane signing as determined by the Department for Transport’s Traffic Signs Manual Chapter 3. The signage used is a variant of diagram 953 from Schedule 3 of the TSRGD 2016. The TMA 2004 prescribes under Schedule 7 Part 4 that contravening the sign to diagram 953 is a moving traffic contravention and the applicable contravention description according to Annex B to the statutory guidance issued by the Secretary of State is code 33 - Using a route restricted to certain vehicles.
 
The Council has committed a procedural impropriety in its failure to issue a moving traffic PCN in accordance with the TMA 2004 Part 4 and with the statutory guidance which the council must by law have regard to. As a consequence, the penalty charge should be cancelled. If the Council disagrees, I expect the council to layout “clear and full reasons for its decision” as required by the statutory guidance.
 
Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes a bus gate restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.

Will do. Thanks 😊
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Re: Sheffield bus gate
« Reply #33 on: »
Once for each PCN
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Re: Sheffield bus gate
« Reply #34 on: »
I hate to be the bearer of bad news, but Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin) more or less comprehensively deals with the whole bus lane vs bus gate argument.

If Sheffield rejects the representations, it's probably best to look for additional grounds.
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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: Sheffield bus gate
« Reply #35 on: »
Hi, so i have a bit of good news one of the pcns has been cancelled as seen in the picture

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Re: Sheffield bus gate
« Reply #36 on: »
This is what it says on the other pcn

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Re: Sheffield bus gate
« Reply #37 on: »
More images

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Re: Sheffield bus gate
« Reply #38 on: »
Pictures

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Re: Sheffield bus gate
« Reply #39 on: »
I have not heard back from anyone and it will be the last day to pay tommorow, i think it will be best to pay as luckily i have to only pay 1 pcn so if i haven't heard anything back by tonight if there any grounds to further appeal i will pay.

Thanks for all your support
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