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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: annonomite on September 19, 2023, 07:26:40 pm

Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: Incandescent on October 30, 2023, 05:57:19 pm: Quote from: cp8759 on October 30, 2023, 01:33:12 pm
Just to wrap this up, we appealed to the tribunal and the council immediately DNC'ed the case.
Just as you anticipated. What robber barons they are !
Well done to the OP for sticking with us.
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: cp8759 on October 30, 2023, 01:33:12 pm: Just to wrap this up, we appealed to the tribunal and the council immediately DNC'ed the case.
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: annonomite on September 29, 2023, 08:22:25 am: Appreciate that cp. I've appealed as per your wording above and will update on the outcome. Many thanks
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: cp8759 on September 28, 2023, 10:40:50 pm: Quote from: annonomite on September 27, 2023, 01:30:01 pm
cp - thanks for the representation. Will they likely accept the response and cancel the PCN do you think? And I'm assuming from your suggested wording it's not beneficial to provide any description of the location error in the response?
Realistically I don't think Leeds will cancel regardless of what you say. They will issue a notice of rejection, then we can help you appeal to the tribunal and I suspect they won't contest the appeal. Most councils adopt this strategy because while it takes them a lot of time and effort to contest a tribunal case (which more often than not they'll lose anyway), sending a templated notice of rejection is cheap and easy and they know most people will give up at that point.

I'll be happy to represent you at the tribunal if you do get a rejection.
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: annonomite on September 27, 2023, 01:30:01 pm: Thanks for the responses.

As you allude to incandescent it looks like the incorrect location. Searching the particular bus gate, I can only find references made to the East and South Parade junction "The new 24-hour bus gate on East Parade (where its junction meets South Parade) comes into effect from 5am Monday 19 June." https://shorturl.at/cdpsG

cp - thanks for the representation. Will they likely accept the response and cancel the PCN do you think? And I'm assuming from your suggested wording it's not beneficial to provide any description of the location error in the response?
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: Al on September 27, 2023, 12:32:37 am: I'm not familiar with Leeds or your occurrence but looking at maps I see Foley Tap House (https://www.google.com/maps/place/Foleys+Tap+House/@53.799466,-1.5495082,19z/data=!3m2!4b1!5s0x48795c1db0f66063:0xaf83ce0d68d8234c!4m6!3m5!1s0x48795c1db06a8aa9:0xc0c2b6562b106032!8m2!3d53.799466!4d-1.5488631!16s%2Fg%2F1tf30xy4?authuser=0&entry=ttu) (in your pictures) on the corner of E Parade and The Headrow which would mean the location could be correct
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: cp8759 on September 26, 2023, 10:14:52 pm: In the circumstances I'd make a very simple representation:

Dear Leeds City Council,

The alleged contravention did not occur, please cancel the PCN.

Yours faithfully,
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: Incandescent on September 25, 2023, 09:53:47 pm: Well, I've looked all round, and here is the junction of the Headrow with East Parade, where the PCN claims the contravention occurred, and the photos look nothing like the GSV view at all.
https://www.google.com/maps/@53.7995093,-1.549065,3a,75y,356.5h,86.66t/data=!3m6!1e1!3m4!1sK-6oNJ9sJWkp9Kc26-2Chw!2e0!7i16384!8i8192?authuser=0&entry=ttu

On the other hand, the junction of East Parade and South Parade is obviously the location, albeit GSV last view is July 2021: -
https://www.google.com/maps/@53.7990628,-1.5491058,3a,90y,25.46h,86.18t/data=!3m6!1e1!3m4!1s2RPlF9dMEr8U3EkIScqbIg!2e0!7i16384!8i8192?authuser=0&entry=ttu

So it seems to me that with a totally incorrect location on the PCN, it is void.
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: annonomite on September 25, 2023, 09:14:57 pm: Thanks cp, I've gone back to take some, please see link https://1drv.ms/f/s!Ai4Uwj1gd1LApnrLNlmO8oFDM7gl?e=Kil7Ff
Title: Re: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: cp8759 on September 20, 2023, 10:10:25 pm: While there is some scope for a technical challenge, in the first instance are you able to pop back and get us some photos of the signage?
Title: Leeds Bus Lane Contravention - Bus Gate, East Parade JNC Headrow Northbound
Post by: annonomite on September 19, 2023, 07:26:40 pm: Hi all,

Like a few other members I've been caught out by the new bus lanes and extensive road/building work confusion in Leeds City Centre and driving late at night accidently drove through a bus lane (I had no idea I had until receiving the notice!).

I'm aware there are several ways this can be contested, procedural impropriety being one. Can anyone guide me on the best response and any further steps?

Please see all evidence and PCN at the following link: https://1drv.ms/f/s!Ai4Uwj1gd1LApnrLNlmO8oFDM7gl?e=Kil7Ff

Thanks in advance