Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jmfpod on November 02, 2024, 02:58:57 pm

Title: Re: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: Incandescent on November 03, 2024, 10:26:14 pm

Maybe not 'grovelling', but certainly non-confrontational !
As for the second PCN, the "continuous contravention" is used for parking when a vehicle is left parked for two or more days, so I don't think this argument would apply.  However, you could argue 'disproportionate penalty", if you only became aware of making the contravention when the first PCN arrived in the post, and the second is dated between that date and the date of receipt of the first PCN.

Title: Re: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: jmfpod on November 03, 2024, 08:14:00 pm

Thank you for the responses. Can you advise on the best why to proceed. I've been advised on another group to do a grovelling apology for one and then ask they the second be considered as a 'continous contravention'. Would you agree with this?

Many thanks

Title: Re: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: Incandescent on November 02, 2024, 10:51:06 pm

Well it seems the Bristol sign is legal see below: -

https://www.legislation.gov.uk/uksi/2016/362/schedule/3/made

See Diagram 953B

So I have egg on my face ! Sackcloth and ashes time.

Apologies to all concerned with this thread.

Title: Re: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: Incandescent on November 02, 2024, 10:44:23 pm

Yes, you're right.  How did I miss that !!

Title: Re: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: John U.K. on November 02, 2024, 09:08:53 pm

@Incandescent
2002?
I haven't time to check the contents now, but are we not on
https://www.gov.uk/government/publications/traffic-signs-regulations-and-general-directions-2016-an-overview

Title: Re: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: Incandescent on November 02, 2024, 07:35:29 pm

Well, it certainly does appear to be unlawful, because it is not a permitted variant of sign 953 in Schedule 5 of The Traffic Signs Regulations and General Directions 2002. A motorcycle symbol is not a permitted addition to the sign.

https://www.legislation.gov.uk/uksi/2002/3113/schedule/5/made

However, are you prepared to take them to the adjudicators ? Any representations you submit to Bristol Council will be kicked into touch because they know if they refuse everything, most people then just cough up.

Title: Bristol council - Driving in Bus Gate PCN X2 OB93432128 & OB9342196A
Post by: jmfpod on November 02, 2024, 02:58:57 pm

I have received two PCN for driving through the no infamous Cumberland Rd bus gate in Bristol which has been featured on BBC news for being unlawful

https://www.bbc.co.uk/news/articles/cjmmj2k3n3no

I would really appreciate some advice on how jest to appeal this? I am assuming the council are recieving a lot of appeals on this one based on how many people are being caught by it.

Many thanks

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