Evening Hippocrates and the forum,
Hope you’re having a good week!
So as expected today I got the response from Waltham Forest Council Who have rejected the appeal … surprise surprise.
Response is here:
Thank you for your correspondence regarding the above Penalty Charge Notice (PCN) and after considering all the evidence the Authority is satisfied that the contravention occurred and that the PCN was issued correctly.
The PCN was issued because the CCTV evidence confirms that the vehicle travelled in a bus lane thereby contravening the bus lane regulations.
Whilst I appreciate your circumstances, they do not warrant the cancellation of the PCN.
The signing of the Bus Lane in question, is in accordance with the governments Traffic Signs Regulations and General Directions - which state that signs must be no more than 185 meters apart. It is not a TSRGD requirement to install a end of bus lane sign and TfL no longer use this on their bus lanes as they consider it unnecessary clutter.
Lines clearly become worn and faded in varying degrees from time to time. However, they are still enforceable if they are substantially clear and compliant and not misleading to the motorist. Having considered the photographic evidence, the Authority is satisfied that the bus lane markings are clear and enforceable.
The London Local Authorities Act 2000 enabled Authorities to issue PCNs by CCTV although there was no legal requirement until 31 March 2009 for an approved device to be used by an Authority. Our Certificate of approval was issued by this date.
To view our approval on the website please go to:
www.gov.uk/government/publications/list- of-certifications-granted-for-approved-devices.
Keeping buses moving is an essential part of improving public transport and reducing traffic congestion. All of the borough’s bus lanes are clearly identified by road markings and signage. The operational hours of bus lanes i.e. when other vehicles are not allowed to drive in them, are identified on the roadside signs, operation times may vary, and if there is no time restriction on the sign, the bus lane is operational at all times.
Under sections 5 & 8 of the RTA, a vehicle must not drive, park, or stop in a bus lane during its period of operation unless the signs indicate that the vehicle may do so.
I am therefore satisfied that the PCN was issued correctly and you remain liable for the charge.
To view the footage at the time the penalty was issued you can visit:
www.walthamforest.gov.uk/ocmYou will need to enter your PCN number and vehicle registration mark.
Your informal representation made prior to the Enforcement Notice has been rejected on this occasion. As your correspondence was received within the discount period the reduced amount of £65.00 will be accepted as full payment of this Penalty Charge if payment is received within 14 days beginning with the date on which this letter was served.
You now have two options:
Option1:
Pay the reduced Penalty Charge of £65.00 within 14 days of service of this letter and the case will be closed.
Option 2:
Make a Formal Representation against the Enforcement Notice which will be sent to you if payment is not received within the time stipulated. Please be advised that at this stage the Penalty Charge will be payable at the full fine amount of £130.00.
If your formal representation is rejected an Appeals form will be sent to you with which you can make an appeal to the Independent Adjudicator. The Adjudicators decision is binding and can order the payment of costs against either the council or the registered keeper if either party has been particularly unreasonable.
The next step would be Option 2.
Would I be waiting for that to be received in the post?
Thanks
