Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sam999 on July 07, 2024, 09:00:22 pm
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Reps accepted, case won, maybe I got lucky. Thanks all.
Very well done ! I'm amazed they accepted your reps without a murmur.
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Reps accepted, case won, maybe I got lucky. Thanks all.
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I'm still not sure what to do here, can someone advise please?
Thanks
Submit your original draft, it looks OK to me. Whatever you say, they will reject it, because they know most people then just cough-up. It's called "gaming the system".
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I'm still not sure what to do here, can someone advise please?
Thanks
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The enforcement notice (PCN) is missing this ground of appeal: (i)the enforcement notice should not have been served because—
(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the TMA 2004, by the applicable date as specified in paragraph 1(3) of Schedule 3 to the 2022 General Regulations.
It is odd that a postal PCN is required to include this ground but nonetheless the regs (https://www.legislation.gov.uk/uksi/2022/576/regulation/5) under 5(4)(i) do require its inclusion. Possibly a drafting error.
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Can someone confirm if my reps are suitable?
Thanks
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I thought they were essentially the same so used the words interchangeably, I've updated all instances of "lane" to "gate"
The writing on the road indicates bus gate but the PCN is a 34J bus lane.
Have they issued an invalid mismatching PCN?
No, bus gates are enforced as bus lanes, so the PCN is correct.
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Anyone?
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I thought they were essentially the same so used the words interchangeably, I've updated all instances of "lane" to "gate"
The writing on the road indicates bus gate but the PCN is a 34J bus lane.
Have they issued an invalid mismatching PCN?
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Thread title refers to Bus Gate.
PCN title refers to Bus Lane.
Cited legislation is TMA?
I'm confused!
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How's this?
I am writing to appeal a recent penalty charge notice received for briefly passing through a bus gate before an immediate U-turn.
The incident occurred on a road the driver does not regularly travel, and their momentary lapse was not an attempt to exploit the bus gate. This unintended mistake while navigating unfamiliar road is evidenced by the video captured in which my vehicle can initially be seen reversing, after mistakenly turning left into the one way system on Pinstone Street. After reversing back to correct my direction of travel my vehicle was already impossibly positioned to avoid the bus gate. With the majority of my concentration on trying to navigate to my destination whilst avoiding the busy Saturday taxi traffic of the town centre, I unintentionally crossed the boundary before realising my mistake. As evidenced by the video, I promptly U-turned at the earliest possible opportunity so as to avoid any unpermitted forward travel.
The incursion into the bus gate was therefore on a de-minimis basis, with no disruption to traffic flow or safety - furthermore, there was no intention to gain any advantage over any other motorist.
Considering the minimal nature of the infringement and evidence of compliance at the earliest opportunity still within the camera's field of view, I respectfully request your discretion in cancelling the fine.
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The principal order is The Sheffield City Council (Bus Priority) (Consolidation) Order 1991 (https://drive.google.com/file/d/13Y-pdTyzS67QZFfYS5MOexdd_pqlFgRC/view), but I'll need to ask for the relevant amending orders.
In the meantime I suggest you draft a representation based on the narrative you've provided so far, and we'll tidy it up for you. Given it's very fact specific, it'll be easier if the first draft comes from you, because you were there.
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Yes you get stuck in a one way that takes you all through the city centre, there is no going round the block.
My friend in the car pointed out the bus gate after I'd already started moving over it so I did a U-turn to try an avoid this situation.
Here's the reverse
(https://i.postimg.cc/nhqFxSsy/b2612807-f29f-4f4c-a046-ddb850cd5457.jpg) (https://postimg.cc/K1vSrNDf)
Thanks
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Why at the start of the video can we see you reversing and turning into the bus gate? Did you just see the one-way restriction on Pinstone Street a bit too late and you didn't want to go round the block?
Also please upload the remaining pages of the PCN, you never know there might be errors in the small print.
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Old Pepipoo member here.
I got lost in this area late at night, video shows me reversing a little to get back on the road.
I realise as I've moved forward I'm driving though a bus gate and do an immediate U-turn within just a few meters, which is also shown in the video.
I'm hoping the demonstrable evidence and a well worded response may be enough to get this cancelled, please could someone help with reps?
Thanks
https://maps.app.goo.gl/qhkwsB6C4sjU5EfT8 (https://maps.app.goo.gl/qhkwsB6C4sjU5EfT8)
(https://i.postimg.cc/Hxh0PdfQ/da363b9b-e8cb-45ca-a335-1ae3dfde7f31.jpg) (https://postimg.cc/wyDs18xv)
Video (https://streamable.com/k81ivn)