Many thanks! a lot of sleepless nights for a while!
here is the updated point 5:
Dear Waltham Forest
Ref: PCN: FR63196811 VRM: WF68WJV
I make this initial challenge as follows:
1. The video evidence provided does not clearly show any signs allegedly passed or violated. Therefore, it follows that the alleged contravention is not proved.
2. The presence of a break in the solid white line within the road markings is confusing and misleading to motorists. This can contribute to unintentional lane changes.
https://i.ibb.co/G52vZs1/IMG-9998.jpg3. Notably, there is no clear end of bus lane sign visible. I refer to the Traffic Signs Manual Chapter Three@9.3.9. The end of a with flow bus lane will usually be obvious through the termination of the diagram 1049A marking. If considered necessary due to observed driver behaviour, an upright sign to diagram 964 (S9 4 11, see Figure 9-5) may be sited as shown in Figure 9-1. The lane should normally be stopped short of the Stop line at traffic signal controlled junctions. I refer to para. 9.3.13. Where a nearside bus lane passes a junction with a major left turning flow into the side road, the line to diagram 1049A should be replaced with a broken line to diagram 1010 (see Figure 9-1). The broken line should commence 30 m in advance of the junction, and have the same width as the line to diagram 1049A. It should be accompanied by the arrow to diagram 1050 indicating a left turn (see Figure 9-6). At other junctions, the diagram 1049A marking should be terminated approximately 10 m before the junction (or at the junction if the minor road is one way towards the major road). In each case the bus lane recommences beyond the junction in combination with a marking to diagram 1010 (see Figure 9-1). It is important to ensure that the marking to diagram 1049A is terminated correctly, so that drivers turning left can move across to do so safely without needing to cross the continuous line. Given the camera only focusses on the final 33 metres, it is arguable that the observed behaviour will constitute a large majority of motorists clipping the end.
Clearly, there used to be an End of Bus Lane sign. I also rely upon this High Court ruling:
R(Oxfordshire County Council) v The Bus Lane Adjudicator [2010]EWHC 894 (Admin) Mr Justice Beatson confirmed that, Para 65. The Defendant's submission that the fact that signs are prescribed or authorised does not mean they are sufficient for securing adequate information as to the effect of an order is made available to road users is clearly correct. If the signs do not in fact provide adequate information no offence is committed;
4. I put you to strict proof that the camera used for monitoring and enforcement satisfies the criterion of admissibility 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.
5. Mitigating circumstances: I was returning home quickly whilst my wife was in labour at the nearby Whipps Cross Hospital where I have resided between 07/08/2024 to 11/08/2024 whilst my wife and baby were under serious care by the maternity doctors at the hospital.
In light of the above, please cancel the said PCN.
Yours faithfully
Reg. keeper
Address
I will look to send this off at the end of the week whilst I wait for any other PCN letter to appear in the post. If any more appear then as you said earlier this would be updated.
Many thanks
JRC
