Author Topic: Walsall council bus lane PCN 34J  (Read 1730 times)

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Re: Walsall council bus lane PCN 34J
« Reply #15 on: »
If you could show us your representations and the council's response, that could help others in the future.
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: Walsall council bus lane PCN 34J
« Reply #16 on: »
If you could show us your representations and the council's response, that could help others in the future.

Hi All

Sorry was away for a while.

My response was as follows:

"I am well aware of the restrictions in place at this location.
The street signs at this location state the restrictions are in force from 11pm-5am.
The time on my car clock at the time you say I contravened was 10.59pm.
Therefore, I believe this contravention did not occur.
However, after reviewing the video evidence I can see the clock on the CCTV states I contravened at 23:01.
I do not know the accuracy of the clock on the CCTV but would imagine is precise.
I feel that this PCN is a little unfair on the basis that not everyone's clock is accurate and calibrated to the exact second. Given that this contravention is within 60 odd seconds after being live, I am appealing this PCN for reconsideration.
Thank you"


Councils response:

Thank you for writing to us and explaining the circumstances.
Although your Penalty Charge Notice was correctly given, we have cancelled it on this occasion.
We sent you a Penalty Charge Notice because our camera evidence shows your vehicle was seen travelling through a bus lane which is restricted during the hours of 11:00pm- 5:00am allowing bicycles, buses and taxis only during these hours. The restriction runs from its junction with Lichfield Street to its junction with Goodall Street in both directions.
There are signs in place on the approach to the Bus Lane which are in place to make the driver aware that they are approaching a Bus Lane.
If you receive any further Penalty Charge Notices in similar circumstances, we may not be able to cancel it.

Hope this helps you guys out if you ever fall in a similar situation

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Re: Walsall council bus lane PCN 34J
« Reply #17 on: »
They have acted reasonably and not forced you to adjudication.
Well done !
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Re: Walsall council bus lane PCN 34J
« Reply #18 on: »
The council has finally confirmed that the camera at this location is a Roadflow Fusion device, and according to https://www.sea.co.uk/news/sea-to-launch-roadflow-fusion-at-parkex-2019 this type of camera was only launched in 2019.

Problem is, the council's only approval certificates date from 2014 and before...

Also for future reference, here's the Walsall Metropolitan (Bridge Street (Upper), Walsall) (Experimental Bus Only Street) Order, Amendment 1, 2022.
« Last Edit: October 19, 2023, 08:53:15 pm by cp8759 »
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