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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Wavey426 on February 25, 2025, 04:16:46 pm

Title: Re: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: Incandescent on February 25, 2025, 11:04:00 pm
Normally, CCTV is used to enforce restricted bus stops, and thus there is a video record of the alleged contravention. Yet here, Lincoln think it's perfectly OK to show an unoccupied bus stop photo as evidence ! I think I would be asking for much more information on the alleged contravention in any representations I submit. This would include full CEO notes of the allegation. There is a difference between stopping "in traffic" and this happening to be when the car was stationary partly in the bus bay area, and actually stopped at the side of the street, with traffic moving past the stationary car. This would be seen in a video.

As this is a postal PCN, there is only one opportunity to submit reps, then, if rejected, one can take them to adjudication. Certainly I would not pay-up straightaway, but submit representations on the basis that the contravention did not occur and the car never was stationary in the bus stop concerned.
Title: Re: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: stamfordman on February 25, 2025, 05:37:10 pm
Maps view from 2021 does look to be a clearway line but the sign is tucked away on the building.

PCN says 'was served' on same date as contravention - not sure this is right.

(https://i.imgur.com/S3ZLM8A.png)
Title: Re: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: stamfordman on February 25, 2025, 05:27:41 pm
This is indeed a PCN served by post because the CEO says they were preparing a windscreen PCN but the driver drove off before it could be served.

To enforce it they don't need pictures but will rely on the CEO's notes. If your son says he didn't stop there it's his word against the CEO's and bear in mind the CEO did record the VRM.

The PCN is timed at 17:09 and the pictures at 17:10 which is consistent with this.

The bus stop kerb line doesn't look like a broad clearway line for a no stopping regime. 

There may be wording issues with the PCN we can look at.

(https://i.ibb.co/kVQgW9Fn/l1.jpg)
(https://i.ibb.co/2035wXnX/l2.jpg)
Title: Re: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: Wavey426 on February 25, 2025, 04:53:44 pm
Hopefully you should be able to see the PCN now. Many thanks.
Title: Re: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: John U.K. on February 25, 2025, 04:39:05 pm
 For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here
all sides of the PCN - only redact yr name & address,
any Council photos/video, and
a GSV link to the location.,

   
Title: Re: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: stamfordman on February 25, 2025, 04:18:39 pm
Post all the PCN hiding only name and address.
Title: Lincolnshire council. Stopped in restricted bus stop or stand
Post by: Wavey426 on February 25, 2025, 04:16:46 pm
My son has just received a PCN for parking in a restricted bus stop in Silver street in Lincoln. He has no recollection. There is a photo. However there is no car stopped in the bus stop. My sons does not normally stop in bus stops and can’t remember doing this in Lincoln. It appears the CEO states they began to create a PNC, but the car drove off before they could issue the PNC. I don’t think they have any evidence. It is still within the discount period. Any advice would be appreciated.

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