Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: chand on January 15, 2024, 11:06:59 pm
-
Thanks for your comments on 34J PCN issued at duke street. I am not sure whether that argument can win the appeal. Anyway thanks for your advise.
Well, it's up you. but not including mandatory information on a PCN is a procedural impropriety and ground for the PCN to be cancelled. The downside is you probably have to take them to adjudication to win.
-
Thanks for your comments on 34J PCN issued at duke street. I am not sure whether that argument can win the appeal. Anyway thanks for your advise.
-
We've seen this location before a few times. It is a Bus Gate enforced using the bus lane regulations. This has been accepted at the adjudicators so no mileage on this aspect, I'm afraid. Here are the bus gate signs: -
https://maps.app.goo.gl/iFgw2zXE3dxZ2pCdA
There is also an advance warning sign just after the traffic lights here: -
https://maps.app.goo.gl/iFgw2zXE3dxZ2pCdA
So you look to be pretty much bang-to-rights on the contravention itself, I'm afraid. Did you not understand what the blue signs meant just before you drove under the railway bridge ?
However, a perusal of the back of the PCN shows that the statutory grounds are not complete, therefore as this is mandatory content, it is a procedural impropriety and you should submit representations on this basis. The statutory grounds are below in the regulation: -
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/regulation/5
Look at those on your PCN, then look at what should be there.
It does look as though they knew they had to alter their PCNs to reflect use of the Traffic Management Act 2004, and the new regulations of 2022, so have put the correct legislation on the front page, but seem to have failed to actually read the regulations themselves !
-
Hi,
It was my first visit to Chelmsford 10 days back. I was confused when I saw "BUS GATE" written on the road under a bridge in Duke Street, Chelmsford. The road was not painted in red. So I passed through the road and subsequently got a PCN "34J Being in a bus lane".
Road marking did not say as bus lane nor the road surface painted in red.
Please advise if there is any ground to appeal.
Thanks
[attachment deleted by admin]