Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Jingoldsby on July 19, 2023, 11:57:54 am
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I did come across refrence to that clause not being stipulated on others cases, however I dismissed it as they make refrence to the act on the first page?
The mention the regulation but the point specified by ground 5(4)(g) is missing, that's why I suggested you use that draft.
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I've now corrected my GSV links, although I see somebody has already put them in. I've also reverted to my familiar nonm-de-plume of 'Incandescent", (as in .....with rage <at council mendacity>)
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Thanks all for your Input,
I did come across refrence to that clause not being stipulated on others cases, however I dismissed it as they make refrence to the act on the first page?
[attachment deleted by admin]
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The signage doesn't seem flawed to me, so subject to what others say I would use this draft: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/leeds-council-bus-lane-pcn-headrow-jnc-vicar-lane-west/msg675/#msg675
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missing links
https://goo.gl/maps/p8gCdRijWjUsiLes9
and
https://goo.gl/maps/pVpgzVwVpPQpmeFM7
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Incandescent none of your links work, you can't copy paste them from elsewhere if they've been shortened.
The statutory ground at regulation 5(2)(g) of the appeals regulations is missing from the PCN, and the council might fail to consider that if an appropriate representation is put in.
There are only two councils that don't re-offer the discount, those are Nottingham and for CAZ cases only, Birmingham. Therefore I would suggest a representation is put in in this case as the discount will be reoffered providing representations are made during the initial 14 days, but I'd like to have a proper look at the signage first (someone please post the correct links to the AWS, I had a look but can't find them).
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I think we've seen this one before back in 2022.
Unfortunately, in addition to the signs at the entry, they have put up advance warning signs: -
here: -
https://www.google.com/maps/@53.7438626,-0.3368729,3a,45.7y,209.01h,96.53t/data=!3m6!1e1!3m4!1sDia9ejb07emAIdifAJaPzw!2e0!7i16384!8i8192?authuser=0&entry=ttu
and here: -
https://www.google.com/maps/@53.7447481,-0.3384013,3a,19y,136.97h,90.04t/data=!3m6!1e1!3m4!1sKE6xh0OTEqqFQqzcITvfwA!2e0!7i16384!8i8192?authuser=0&entry=ttu
Using satnav without paying attention to road signs is fatal today, as even if you've downloaded the latest file, the base data can be way out of date. Having said that, the restriction goes back to 2017.
The discount is your best option IMHO. Problem is we don't know if Hull reoffer the discount on postal PCN refusals. If they do, it might be worth submitting a grovelling appeal for clemency.
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Drove in a bus lane in Hull, It was late I had been driving 5 hours & following the sat nav in an unfamiliar city was paying more attention to pedestrians and traffic then signage.
We were driving to the Ibis & were visiting hull for an Ice hockey tournament. We had missed the turn as there were roadworks on the A63 and we were close to the destination.
The entrance is clearly marked at the point of my exit of the bus gate but at the entrance road markings could be clearer, but looking at street view signage appears to be sufficient.
Are there any grounds for appeal ?
Location of Entrance
https://goo.gl/maps/vAm6Nw2YqQgRiQWbA
Link to dropbox
https://www.dropbox.com/sh/uawq2tsbmuykm94/AAANK2Am-RNFW8L-64mZUFIMa?dl=0
Containing
- PCN Letter
- Location and direction of travel
- PCN Photos
- PCN Video
- Traffic regulation order from Council website
Thanks in advance !