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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: cedeiragreen on July 03, 2023, 03:44:28 pm

Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on August 07, 2023, 01:28:53 pm
Thank you SO much- I have not received the link.
@cedeiragreen you need to look at your PMs here: https://www.ftla.uk/index.php?action=pm

Also, is it OK to state can they please renpod via email? I will be away shortly and don't want to miss a paper notification.
For legal reason, they have to send a paper copy in any event. You can ask for a copy to be emailed, but they're not required to.

How long are you away for? The Notice of Rejection will give you 28 days to pay or appeal to the tribunal.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on August 07, 2023, 12:35:59 pm
Thank you SO much- I have not received the link. Also, is it OK to state can they please renpod via email? I will be away shortly and don't want to miss a paper notification.

Thank you
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on August 05, 2023, 03:47:18 pm
I don't think the case on the signage is very strong. To get to the bus lane camera, she would have past first this sign (https://goo.gl/maps/ETHaFheSUvLBnLu9A) and then this sign (https://goo.gl/maps/NpfAy8cf5vZyJjEW6) and your photos indicate those signs are still in place.

The markings are faded but still good enough for most adjudicators I suspect.

However I have a trick up my sleeve which might work, and if not we should at least get the £65 discount reoffered.


Dear London Borough of Ealing,

I challenge liability for PCN EA58358915 on the basis that the alleged contravention did not occur. I say this because the sign at the start of the bus lane is bent towards the pavement and would not have been visible, see the location here: (link to be sent separately)

In light of this, please would you cancel the PCN.

Yours faithfully,


Just to confirm, you must not click on the arp4.short.gy link I am going to send you to put in the representations.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on August 03, 2023, 11:06:30 am
Thank you- I have uploaded the route map in word and pictures of the signs.

Thank you so much.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on August 02, 2023, 09:45:41 pm
Representations should be made by midnight on 9 August, as this should see the discount reoffered.

@cedeiragreen are you in a position to get us updated photos of the upright signs?
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: Hippocrates on August 02, 2023, 12:16:59 pm
How can they have carefully considered under the Traffic Management Act? Still doing this!  I would certainly raise this as a possible abuse of process.  In the Devil's Advocate mood.  TMA 2004 would suggest the service of a Notice to Owner not an Enforcement Notice.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on August 02, 2023, 12:39:18 am
Response from the council:

Your request has been assessed and the following information is provided in response:
A LaneWatch MK3 unit is at this location.

Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on August 01, 2023, 12:32:26 am
Here's the EN:

(https://i.imgur.com/jtNlQaU.png)

(https://i.imgur.com/xYiKLR1.png)

I have made some enquiries about the camera make and model, in the meantime please can you confirm what route your wife took. Representations need to be received by the council by 9 August in order to preserve the discount.

If you have time to go and get some updated photos of the signage that would be helpful.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on July 31, 2023, 12:34:01 pm
Hello

I have received the enforcement notice. I have attched it tot he google folder. what should I do now?

Thank you!
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on July 06, 2023, 12:31:06 pm
PCN:

(https://i.imgur.com/BQKgKOT.jpg)

(https://i.imgur.com/2nOJNN6.jpg)

Representation:

(https://i.imgur.com/V30vKVA.png)

(https://i.imgur.com/WEkiQGg.png)

You now need to wait for the Enforcement Notice, let us know when you receive it please.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on July 06, 2023, 11:19:45 am
Thank you sharing permission updated!
No you haven't, I get this when I click on your link:

(https://i.imgur.com/pHfdrCc.png)

An easy way to check if you've shared the folder correctly is to open the link in incognito mode from your browser, if you've done it right you'll be able to access the folder without logging into anything.
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on July 06, 2023, 07:59:20 am
and below is the location on google maps. Thank you for your assistance.

https://goo.gl/maps/Ztuij9gPNAFSZT8W7
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on July 06, 2023, 05:13:02 am
Thank you sharing permission updated!
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cp8759 on July 05, 2023, 10:06:51 pm
You need to turn the sharing settings to "public", here's a video that explains how:

https://www.youtube.com/watch?v=7Gwf4vD6yog
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on July 05, 2023, 08:39:34 pm
Thank you- I have uploaded a link with the documents. do not rewally know how to use this, so hopefully it works. Thank you
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: John U.K. on July 03, 2023, 06:15:32 pm
Quote
Can you upload all sides of the PCN?

+1

Also post here a copy of your reps, a copy of their rejection, the video evidence, and a GSV link to the location.

See

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Title: Re: PCN for driving in bus lane with faded broken lines...
Post by: Rudess on July 03, 2023, 03:56:22 pm
Ideally it would have been better if you didn't submit your appeal before consulting the experts here.

Was it informal challenge, or the formal appeal after they rejected your informal challenge?

Can you upload all sides of the PCN?
Title: PCN for driving in bus lane with faded broken lines...
Post by: cedeiragreen on July 03, 2023, 03:44:28 pm
Unfortunately my wife was snapped in  Hanwell (Ealing Borough) bus lane whilst  in route to deliver a  cake to the school for its PTA. The line is very faint in parts due to wear and even missing in others (due to re-tarmaking from road works) So I understand why my wife accidentally went in the bus lane too early.

I appealed to the council on the above basis and invited them to withdraw the fine for the above and they have still rejected it.

Id their any recourse?

Many thanks

https://drive.google.com/drive/folders/1KNrnKAKCtNfbT28f9WQI9v-r3ftHK7ZG?usp=drive_link