Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Johnathorn on August 21, 2024, 09:43:10 am

Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Hippocrates on September 26, 2024, 06:48:50 pm
That middle sign needs some serious maintenance! Don't they ever check how sunny it must be in Waltham Forest!? ;D
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: cp8759 on September 26, 2024, 06:38:32 pm
@Johnathorn well you definitely have a better than evens chance if you carry on, I'll drop you a PM in case you'd like me to represent you.
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: John U.K. on September 26, 2024, 04:15:29 pm
For convenience (using the BBCode)

(https://i.ibb.co/Y7NNGVQ/WF-Reply.jpg) (https://ibb.co/mCRR7PT)
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Johnathorn on September 26, 2024, 01:09:20 pm
I am so sorry. This is so annoying! Apologies I have amended the link to be accessible to anyone with the link.
I have also attached IMGBB link: https://ibb.co/mCRR7PT
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: dave-o on September 25, 2024, 10:27:39 am
Apologies, I attached it however my upload folder is full apparently so It wasn't uploaded and still isn't being uploaded.
Please find the Notice of rejection on my google drive:

https://drive.google.com/file/d/1hUpSmmhG2d6qZV5AYY272n5JLErwXHBV/view?usp=sharing

That link seems to be private.  It's helpful to upload pics to an image host such as IMGBB (https://imgbb.com/), that way you can post he pics directly into the thread and people don't have to go to another website to look at your docs.
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Johnathorn on September 25, 2024, 09:48:22 am
Apologies, I attached it however my upload folder is full apparently so It wasn't uploaded and still isn't being uploaded.
Please find the Notice of rejection on my google drive:

https://drive.google.com/file/d/1hUpSmmhG2d6qZV5AYY272n5JLErwXHBV/view?usp=sharing
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: cp8759 on September 25, 2024, 12:33:10 am
Hey cp8759,

Waltham Forest have sent a response. Please let me know whether this is worth pursuing or whether to give up and pay at reduced rate?

Thank you
@Johnathorn I think you forgot to attach the notice of rejection?
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Hippocrates on September 24, 2024, 02:26:46 pm
Please show it.
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Johnathorn on September 24, 2024, 02:07:05 pm
Hey cp8759,

Waltham Forest have sent a response. Please let me know whether this is worth pursuing or whether to give up and pay at reduced rate?

Thank you
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Johnathorn on August 23, 2024, 09:41:04 am
Thank you, my partner really appreciates your help with this.
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: cp8759 on August 22, 2024, 08:04:35 pm
@Johnathorn I think we can come up with something, here's a draft representation:

Dear London Borough of Waltham Forest,

In the first instance I challenge liability on the grounds of procedural impropriety. The penalty charge notice is required to state the grounds on which the authority believes the penalty is payable, and this includes adequate particulars of where the alleged contravention is said to have taken place. Lea Bridge Road is circa 3.2 miles long and as far as I can establish there are approximately 30 bus stops along its length, the penalty charge notice served in this instance gives no indication of where the relevant bus stop might be either by giving its identifier, or by reference to any nearby landmarks or junctions.

As such it is not possible for me to return to the location to investigate the adequacy of the signage, the road layout or any other relevant matters, I refer you to the decision of adjudicator Jack Walsh in Sofiane Kherbachi v London Borough of Redbridge (2230412198, 18 November 2023) and adjudicator Anita Reece in Nayeem Haque v London Borough of Redbridge (224017240A, 20 May 2024).

While I appreciate first instance decisions are not binding, I cannot see any reason why the tribunal would reach a different conclusion on this occasion.

Yours faithfully,


In the meantime I'll make some enquiries about the camera make and model, there is also a novel argument about the signage which I could try, more on this later.

Send the representation online and keep a screenshot of the confirmation page.
Title: Re: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Hippocrates on August 21, 2024, 09:53:18 am
This is not a code 34j/Bus Lane contravention for which they now have camera approval of a prescribed device.

They will need approval for this camera too. cp8759 will know most probably. The upright bus lane sign needs to be in place for the contravention to be proved. Please post up all pages of the PCN.

Just looked: the sign is there though the colour is faded.
Title: Waltham Forest Bus Lane PCN (ministerially approved?)
Post by: Johnathorn on August 21, 2024, 09:43:10 am
Hi all,

My partner received this PCN while he was doing a delivery. Is there any possibility of appealing it? I have done some research and its inconclusive because some places (MSE and some posts on here) I read that bus lane PCN's in the London Borough of Waltham Forest have been invalidated before because the enforcement cameras are not "ministerially approved".

Any advice would be much appreciated! Please click link below to see picture of PCN

https://drive.google.com/file/d/10XNDJV2gyXmSCV9MNJv7W_BBKWCylSX6/view?usp=sharing