Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Johnsmith on August 20, 2024, 12:27:28 am
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This has just happened to my daughter on 29/10/24.shes a new driver and it was dark and the sign was covered by trees. I told her to take a pic for evidence and they have cut them back. The most recent google pic is July
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Does this page fail to provide the statutory grounds for an appeal as required by Regulation 5(4)(f)? The PCN must include these statutory grounds.
Please see this page via this link
https://1drv.ms/i/s!AjLe11wWVnhOgTRHYYIBz8ZNYTJ6
Many thanks for your help
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Thank you for your response. From what I understand, the required information under the 2022 legislation is not included, correct?
Could you also provide a link to the statutory grounds for an appeal under Regulation 5(4)(f)? The PCN should contain the statutory grounds, correct?
Additionally, are you aware of any templates that can be used for this purpose, particularly those that have not been previously utilized by the council?
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The first thing to say is that I don't think you would have any success on the basis that the bus lane is badly signed and marked. There is the broad white line on the carriageway delineating it, and this is also painted on top of a broad red line. The sign in your photos is also visible, not totally obscured. Did you not notice the broad white line when driving along ? If this was the only basis for an appeal, you'd lose, in my opinion.
However, like so many dozy councils we have seen over the years, I think an appeal would succeed on the basis of fatal errors in the PCN. A PCN under the Transport Management Act 2004, and associated regulations named at the top of the PCN must contain certain information, but this one doesn't. We rarely see Bury bus lane PCNs, in fact this may be the first. It looks like they have updated the heading to show the latest regulations but have failed to actually read what those regulations have in them. Bus lane contraventions changed from separate legislation and regulations in May 2022, to come under the Transport Management Act.
I haven't looked in total detail at the PCN, but it omits one of the statutory grounds for an appeal, (Regulation 5(4)(f). The PCN must contain the statutory grounds,, so omitting this statutory content is a procedural impropriety and hence grounds for cancellation.
Here are the applicable regulations: -
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
and
https://www.legislation.gov.uk/uksi/2022/71/contents/made
Councils never seem to think that the law applies to them as well as the recipient of the PCN; it's all just a nice little earner for them.
Of course, if you do decide to take them all the way to the Traffic Penalty Tribunal, the full PCN penalty will be in play, the discount option does not apply there.
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You feel strongly about this but I can't see anything about the contravention you can challenge on as the video shows you in the lane and the pictures you have posted are from Google Maps and so cannot show the current state of the signs.
You are also asking Bury for authorisation for its cameras. Others may know if this council has anything on this and its PCNs to challenge on.
(https://i.ibb.co/G2JKrnp/image.png)
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Dear Members,
I am new to this forum and hope that you might assist me with an issue I am currently facing.
I have received a Penalty Charge Notice (PCN) for allegedly driving in a bus lane. The incident took place on Bury Old Road in Manchester, adjacent to Heaton Park.
I would be most grateful for any guidance or advice on how to appeal against this PCN. I firmly believe that such fines are unjust, particularly in my case, where the relevant sign was obscured by overhanging branches. I am convinced that the council has not adhered to the appropriate regulations in this matter. I have uploaded the relevant documents and the letter I intend to submit as part of my appeal to the council on OneDrive. I would greatly appreciate any assistance you can offer, as my 10-day window for appeal began on 16th August 2024.
Thank you in advance for your help.
Kind regards,
Registered keeper of Fr12 OPT
OneDrive : https://1drv.ms/f/s!AjLe11wWVnhOgS9-4wGdJBNb_zSt