Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: chi on September 05, 2023, 02:22:24 pm

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: cp8759 on October 21, 2023, 02:49:32 pm

That's fine, I'll drop you a PM.

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on October 20, 2023, 01:43:10 pm

thanks for replying.  i am happy to take the risks.  but only if you enjoy it and have time.  generally i find anyway that after the adjudicator says his decision if one asks him especially if manchester council are on the phone line as well to please allow the offer for £30 they will allow this.  i know its not a given but have had this before when one had a slight case.
anyway i am happy to go ahead but please don't go out of your way for this.  so let me know
thanks

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: cp8759 on October 16, 2023, 11:31:54 pm

The notice of rejection has a few issues: all the grounds of appeal are taken from The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 (https://www.legislation.gov.uk/uksi/2005/2757/contents/made), which were abolished last year, and all the references make no sense if you compare them to The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/576/contents).

To add to the confusion, the rules relating to service refer to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (https://drive.google.com/uc?id=1KFz8iRbLnT0VjRdCOzJbgA9qJ9xiLqUS), also abolished last year.

However whether these issues amount to enough of a cоck-up to be a procedural impropriety would be down to the adjudicator on the day, so there is clearly an element of risk if you want to carry on. You therefore need to decide if you want to risk the extra £30 to take this case to adjudication, knowing it could go either way.

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on October 14, 2023, 10:53:25 pm

or here is the link
thank you

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on October 14, 2023, 10:51:07 pm

thank you
here is their responce

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Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: cp8759 on October 07, 2023, 11:52:49 am

If you've made a representation you might as well wait for the rejection and see what they say. You never know they might mess up the response.

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: Incandescent on October 06, 2023, 09:12:47 am

Quote from: chi on October 06, 2023, 01:18:56 am

thank you so does that mean i am doomed and should just pay it?

Well, it's up to you, but so far nobody here seems to have found a really strong appeal argument.

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on October 06, 2023, 01:18:56 am

thank you so does that mean i am doomed and should just pay it?

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: cp8759 on September 25, 2023, 11:44:17 am

The council confirmed the camera is a Yunex LaneWatch MK3HD, which is authorised.

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on September 21, 2023, 09:06:47 pm

thank you
wrote the following

"when i went on the pcn and went to view the video there was no signage shown in the video

furthermore from memory i did a u-turn from the northward flow of traffic and in  the northward flow of traffic there were no bus lanes at all so i had no reason to think the southward flow of traffic had any buslanes.  there should have been signage in my flow of traffic showing that if i did a uturn there would be a bus lane coming up"

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: cp8759 on September 12, 2023, 12:14:20 am

Well the video doesn't show any signage, so you could make a representation based on that. It's not massively important what you say, the only objective really is to buy us some more time for the FOI response to come back.

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on September 11, 2023, 10:37:15 pm

thank you

i can't think of any compelling mitigation

Title: Re: bus lane ticket bridge street west manchester after doing u turn
Post by: cp8759 on September 08, 2023, 06:13:02 pm

So here's the video:

https://www.youtube.com/watch?v=kfM4ff8cMDU

I'll make enquiries about the traffic order and the make and model of the camera (I'm a bit suspicious of Manchester as they've still not told me the make and model of the camera at another location, to the point that I've had to involve the Information Commissioner).

The last day to make a representation and get the discount reoffered is 24 September 2023, so you'll probably have to make a plea for discretion on that date as I doubt the information request will come back before that.

Is there any compelling mitigation you can put forward? If there isn't don't make anything up, but if there is now is the time to say.

Title: bus lane ticket bridge street west manchester after doing u turn
Post by: chi on September 05, 2023, 02:22:24 pm

hi was quite in a rush and did a u turn the other way down bridge street west and didn't realise that the opposite way was a bus lane.  im just wandering if i have any options of success.

number plate mc56ecd

thanks so much

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