Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aiden on September 12, 2023, 01:19:12 pm
-
@ Incandescent: we are at the initial stage.
@ cp: well found re the FOIR.
-
FOI response:
(https://i.imgur.com/hiO2BSt.png)
The EA's current (and only) certificate for bus lane enforcement:
(https://i.imgur.com/m1taUW9.png)
Looks like an easy win on appeal to the tribunal. Will likely be made even easier by the fact that the council probably won't bother to turn up.
-
On the council's website. Should hear within the next 10 days
So not an appeal, a representation. Did you use the draft posted above?
If not, please show us exactly what you sent.
It will take the council a lot longer than 10 days to respond, 1 to 2 months is a more realistic timeframe.
-
Hi,
Yes, sorry still here.
I've lodged an appeal over the weekend and will let this forum know how the outcome goes.
It's unfortunate that it looks as if I was driving too fast and remained in the bust lane but in the time I had to react I felt it safer to stay in the bus lane oppose to swerving back into the lane. The bus lane literally finishes just out of shot and I had to enter that lane too.
Papers-based, or telephone hearing ?
On the council's website. Should hear within the next 10 days
-
Hi,
Yes, sorry still here.
I've lodged an appeal over the weekend and will let this forum know how the outcome goes.
It's unfortunate that it looks as if I was driving too fast and remained in the bust lane but in the time I had to react I felt it safer to stay in the bus lane oppose to swerving back into the lane. The bus lane literally finishes just out of shot and I had to enter that lane too.
Papers-based, or telephone hearing ?
-
Hi,
Yes, sorry still here.
I've lodged an appeal over the weekend and will let this forum know how the outcome goes.
It's unfortunate that it looks as if I was driving too fast and remained in the bust lane but in the time I had to react I felt it safer to stay in the bus lane oppose to swerving back into the lane. The bus lane literally finishes just out of shot and I had to enter that lane too.
-
@Aiden are you still with us?
-
Draft:
Dear Sirs
Ref: PCN.......................VRM....................
I make this initial submission against the PCN as follows:
1. The PCN does not state the exact locus of the alleged contravention.
2. The video evidence shows no relevant warning signage allegedly passed by the vehicle concerned.
Therefore, in view of the above, please cancel the PCN as you have not proved the alleged contravention.
Yours faithfully
Name
Address
-
The OP's version of events is far too candid. Just put in the vague locus as an initial challenge and lack of signage and see what happens. Camera arguments can come later.
-
Absent a technical argument which there nay well be. Pay the discount i cannot see any adjudicator accepting your version of events
-
My view is that the only hope is the vague locus. And their historic form of forcing appellants to the Tribunal only not to adduce any evidence as cp says etc.
-
It seems to me the video shows the OP's car passing round the vehicle exiting the garage, going into the bus lane, then carrying on in it quite fast, undertaking cars as well. There is no attempt to exit the bus lane after avoiding the other car. On the video, the contravention is made out very clearly.
-
Absolutely. Having watched the video, I would also throw in there is no evidence of signage passed.
-
I remember this clearly where as I was driving down Ripple Road (Barking), a car had pulled out from the petrol station hence I used the bus lane oppose to carrying out an emergency brake.
It doesn't really come across like that in the video:
https://www.youtube.com/watch?v=cZ4Sv0O7cSs
As Hippocrates has identified, vague locus is a good starting point, so I suggest you draft a challenge based on that and put it on here for review. As far as I can see there are at least 11 bus stops on Ripple Road but it's worth double-checking.
In the meantime I'll find out the make and model of the camera, they might not have a valid certificate for it.
It's worth adding that officers from this authority are unlikely in the extreme to turn up to a contested hearing, and if you require them to attend and they don't you win by default, so it's probably worth taking this all the way.
-
As per the other advice.
-
Hi All,
I've received a ticket today with the letter dated 08/09/2023 for the contravention 34J BEING IN A BUS LANE which occurred on the 28/08/2023
I remember this clearly where as I was driving down Ripple Road (Barking), a car had pulled out from the petrol station hence I used the bus lane oppose to carrying out an emergency brake.
There was little space for me to move back into however the bus lane came to an end just in front of the final car. You can even see the arrows to use both lanes in the pictures taken and it shows me driving outside the bus lane till this car pulled out.
Is this worth appealing?
https://ibb.co/wwGqcQy
https://ibb.co/yhfNQmx
I've taken these coordinates of Google Maps: 51.533186, 0.107451 for exact point of detection.