Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mdar50743 on September 19, 2024, 12:28:45 pm

Title: Re: 47J - Stopped on a restricted bus stop stand
Post by: cp8759 on October 29, 2024, 11:38:23 am
Well there are no absolute guarantees, but given how successful this ground of appeal has been it would seem silly not to carry on.
Title: Re: 47J - Stopped on a restricted bus stop stand
Post by: mdar50743 on October 28, 2024, 02:10:57 pm
Video:

https://www.youtube.com/watch?v=RIODpsqpWac

I can see an easy way out:

(https://i.imgur.com/3RIQVLX.png)

@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037&range=A631).

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.

I have got a reply from Ealing Council and they have rejected the appeal:

https://ibb.co/vhCnmNh

Please can you let me know how to proceed.
Title: Re: 47J - Stopped on a restricted bus stop stand
Post by: Hippocrates on September 25, 2024, 10:26:30 pm
+1. PCN link seems to have gone.
Title: Re: 47J - Stopped on a restricted bus stop stand
Post by: mdar50743 on September 25, 2024, 04:02:20 pm
Video:

https://www.youtube.com/watch?v=RIODpsqpWac

I can see an easy way out:

(https://i.imgur.com/3RIQVLX.png)

@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037&range=A631).

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.
Title: Re: 47J - Stopped on a restricted bus stop stand
Post by: cp8759 on September 21, 2024, 11:25:08 am
Video:

https://www.youtube.com/watch?v=RIODpsqpWac

I can see an easy way out:

(https://i.imgur.com/3RIQVLX.png)

@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=642784037#gid=642784037&range=A631).

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.
Title: Re: 47J - Stopped on a restricted bus stop stand
Post by: stamfordman on September 19, 2024, 12:55:26 pm
That's a slam dunk contravention. Unless there is something wrong with the PCN or signage I can't see a way out.
Title: 47J - Stopped on a restricted bus stop stand
Post by: mdar50743 on September 19, 2024, 12:28:45 pm
Hi everyone,
(https://ibb.co/8nZpt9Q)
I was driving my vehicle and turned the corner to drop off passengers. As I turned, the passengers said they wanted to get off here and opened the doors. I received a PCN as I stopped at a Bus stop with a wide yellow line.

PCN: https://ibb.co/8nZpt9Q(https://ibb.co/8nZpt9Q)

Images and Video:

https://viewmypcn.co.uk/default.aspx?r=16a39ac69f4b86b6b68a6142fc0ffd9b070db8aa

Could anyone please let me know any grounds for an appeal for this PCN?