Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: tlogic on April 21, 2024, 10:44:37 pm
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@tlogic let us know when you get a reply. This will likely have to be taken to the tribunal.
thanks CP8759, I will keep this thread updated.
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@tlogic let us know when you get a reply. This will likely have to be taken to the tribunal.
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Hi CP879,
Apologies, I'm still here :)
copy of pcn below.
I've already submitted an appeal which I am waiting to hear back from.
Below is a copy of my appeal:
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I am appealing this PCN on the grounds that the contravention did not occur.
I am fully aware of the restrictions on this bus lane, and entered it immediately after 7pm, which is when the restriction ends. I notice your one of your online still photographs of my car in the bus lane/stop states the time of 18.59.23, some 37 seconds before 7pm.
Two devices in my car, my dashboard clock and my mobile phone on a mount, both showed the time as 7pm, neither show the exact second, so as far as I was concerned the time was 7pm. I would not have entered the bus lane otherwise.
I would suggest that a contravention that occurs 37 seconds from the end of the restriction is effectively de-minimis and for that reason, no contravention occurred and the PCN should be cancelled.
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(https://i.imgur.com/Tm2GxNe.jpeg)
(https://i.imgur.com/GTOrdlf.jpeg)
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@tlogic are you still with us?
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Two PCNs? We need to see them as advised above.
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I was snapped driving in the bus lane at 18:59:24, - which work out to be 36 seconds before the restrictions are lifted. It's either my car or their camera not calibrated, could I Successfully appeal?
Undoubtedly, and for more reasons than you think. Please post up the PCN, bus lane PCNs are generally really easy to beat.
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No doubt you're an escapee from Pepipoo going phut !
There are previous adjudications on this which support your case based on the fact that it is unreasonable to expect a clock in a car to have this degree of precision on times. This is a money-grubbing PCN, issued because they know most people just cough-up. However the reality is that to get the PCN cancelled, it is very likely you will have to take them to London Tribunals. ALthough the full PCN penalty would be in play, I can't see you losing, although it has to be said some adjudicators are complete pedants. See what others say, but don't miss the deadline for submitting representations,
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Hi
This is PCN nr two I'm fighting lol.
I recently received a PCN from Newham Council for driving in a bus lane.
Restrictions on Barking Road, are from 7am til 10am and again 4pm til 7pm.
I was snapped driving in the bus lane at 18:59:24, - which work out to be 36 seconds before the restrictions are lifted. It's either my car or their camera not calibrated, could I Successfully appeal?
Thanks