Author Topic: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention  (Read 7161 times)

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Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #30 on: »
The OP will still be faced with the challenge of mounting a successful appeal, unless LBWF somehow trip themselves up.

It will be the usual tribunal lottery with this one.


Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #31 on: »
At the moment I'm pretty sure we're winning over 90% of cases, so the odds aren't so bad.
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: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #32 on: »
"Certificates (although not required)"  =  :o  :-\   :'(

What are they on? ;D
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: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #33 on: »
I am confused by the two posters?  Redbridge?  Just wait for the Enforcement Notice and simply state you are requiring them to consider your original challenge.  There is little point in pointing out their failures to consider at this stage.  Let them do that in the NOR.

I have received Enforcement Notice today which I have attached. Shall I basically just use the same defence that I have sent initially?

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Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #34 on: »
I would just say something along the lines of "I require you to reconsider my informal representations as my formal representations" and see what comes back.
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: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #35 on: »
I agree.  And make no comment whatsoever about their initial rejection.
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: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #36 on: »
Thank you @cp8759 and @Hippocrates for your responses. I will post the draft here before I submit. While in the process of preparing my appeal against this ticket, I intend to add references to  similar cases where individuals have successfully appealed their bus lane contravention tickets. Can anyone advise which case closely resonates that can help in my appeals?

Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #37 on: »
I would just keep it simple and require them to consider your previous representations as the formal submissions against the Enforcement Notice.
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
Agree Agree x 1 View List

Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #38 on: »
Following is the response that I have drafted against the enforcement notice received. Views?

Dear Sirs,

I am writing in response to the Enforcement Notice issued to me regarding PCN: FR60075661. I kindly request that you reconsider my informal representations, as I am now making formal representations against the Enforcement Notice.

I have several reasons for disputing this PCN:

- The alleged contravention did not occur as described. My actions were in accordance with the traffic rules and road markings in place. I was merely attempting to merge into the exit lane to make a left turn, creating a situation that can only be described as de minimis. According to the regulations, a 20-meter rule should normally be observed before issuing a PCN for a bus lane violation. In this case, my vehicle clearly did not enter the bus lane for this distance. I simply made a permitted left turn across the bus lane, covering no more than 10 meters, before turning left at the roundabout.

- The video evidence provided does not clearly show any signs allegedly passed or violated. This raises questions about the accuracy and validity of the alleged contravention.

- The presence of a break in the solid white line within the road markings can be confusing and misleading to motorists. This can contribute to unintentional lane changes.

- The photographs included as evidence appear to be more helpful in indicating where my vehicle crossed over into the bus lane and the arrow indicating vehicles could enter the lane. This occurred almost immediately after my vehicle crossed over. Notably, there is no clear end sign visible in these pictures.

- I request that you provide strict proof that the camera used for monitoring and enforcement satisfies the admissibility criteria of evidence at the Tribunal, as outlined in Para 7(2) of Schedule 1 of The London Local Authorities Act 1996 (as amended) and Part II. Ensuring the accuracy and validity of the evidence is essential in any case. (I'M NOT SURE ABOUT THIS POINT, CAN REMOVE IF NOT RELEVANT IN CASE THERE IS CHANGE IN LEGISLATION)

Furthermore, I would like to highlight that my vehicle entered the bus lane for no more than 8-10 meters of the remaining stretch of that lane. Additionally, at the time of entry, the bus, which was in the bus lane, had nearly completed its exit from the lane and had come to a complete halt in the main carriageway. I entered the bus lane with the sole intention of turning left at the junction, which was a mere 8-10 meters ahead of my vehicle. I did not undertake any vehicles, nor did I gain any advantage over other motorists.

Considering the circumstances and the lack of any significant violation, I kindly request that you cancel the PCN. I would like to emphasize that this is the first time I have received such a PCN, and I am committed to abiding by all traffic rules and regulations in the future.

I appreciate your prompt attention to this matter and look forward to a favourable resolution. Please do not hesitate to contact me if you require any further information or clarification regarding my representations.

Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #39 on: »
See what Hippocrates thinks, but it looks fairly comprehensive to me. The most likely winning point is going to be requiring the council officers to attend the tribunal.
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: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #40 on: »
Following is the response that I have drafted against the enforcement notice received. Views?

Dear Sirs,

I am writing in response to the Enforcement Notice issued to me regarding PCN: FR60075661. I kindly request that you reconsider my informal representations, as I am now making formal representations against the Enforcement Notice.

I have several reasons for disputing this PCN:

- The alleged contravention did not occur as described. My actions were in accordance with the traffic rules and road markings in place. I was merely attempting to merge into the exit lane to make a left turn, creating a situation that can only be described as de minimis. According to the regulations, a 20-meter rule should normally be observed before issuing a PCN for a bus lane violation. In this case, my vehicle clearly did not enter the bus lane for this distance. I simply made a permitted left turn across the bus lane, covering no more than 10 meters, before turning left at the roundabout.

- The video evidence provided does not clearly show any signs allegedly passed or violated. This raises questions about the accuracy and validity of the alleged contravention.

- The presence of a break in the solid white line within the road markings can be confusing and misleading to motorists. This can contribute to unintentional lane changes.

- The photographs included as evidence appear to be more helpful in indicating where my vehicle crossed over into the bus lane and the arrow indicating vehicles could enter the lane. This occurred almost immediately after my vehicle crossed over. Notably, there is no clear end sign visible in these pictures.

- I request that you provide strict proof that the camera used for monitoring and enforcement satisfies the admissibility criteria of evidence at the Tribunal, as outlined in Para 7(2) of Schedule 1 of The London Local Authorities Act 1996 (as amended) and Part II. Ensuring the accuracy and validity of the evidence is essential in any case. (I'M NOT SURE ABOUT THIS POINT, CAN REMOVE IF NOT RELEVANT IN CASE THERE IS CHANGE IN LEGISLATION)

Furthermore, I would like to highlight that my vehicle entered the bus lane for no more than 8-10 meters of the remaining stretch of that lane. Additionally, at the time of entry, the bus, which was in the bus lane, had nearly completed its exit from the lane and had come to a complete halt in the main carriageway. I entered the bus lane with the sole intention of turning left at the junction, which was a mere 8-10 meters ahead of my vehicle. I did not undertake any vehicles, nor did I gain any advantage over other motorists.

Considering the circumstances and the lack of any significant violation, I kindly request that you cancel the PCN. I would like to emphasize that this is the first time I have received such a PCN, and I am committed to abiding by all traffic rules and regulations in the future.

I appreciate your prompt attention to this matter and look forward to a favourable resolution. Please do not hesitate to contact me if you require any further information or clarification regarding my representations.

@Hippocrates - Any views?

Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #41 on: »
Hi all, I have received Notice of Rejection of Representation. Should I just proceed to appeal on the basis that there was no breach of the bus lane regulation?

Please advise on the points that I could add under the details of appeal section?

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Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #42 on: »
Sorry that I have not been awake on this thread.  It is up to you whether you wish to go to the Tribunal. I am happy to represent you.  The Notice of rejection clearly implies that they are aware of the requirement for them to attend!  If you feel you have a strong case re the signage, then I say go for it.

The advice is:  No breach; I rely upon all my previous representations, both informal and formal, and full submissions will  follow upon receipt of the council's evidence pack.  I ask for a personal hearing.
« Last Edit: November 10, 2023, 10:07:42 am by Hippocrates »
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
Agree Agree x 1 View List

Re: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #43 on: »
If you're going to appeal it's best to ask one of us to represent you, or you risk ending up like this guy.
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: Waltham Forest - Whipps Cross Road - E11 Bus lane contravention
« Reply #44 on: »
Yes please @Hippocrates, @cp8759 kindly represent me at the tribunal. Please advise me on the next steps.