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Messages - rowlando

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: January 07, 2024, 04:55:53 pm »
So it looks like I've messed things up. I received an enforcement notice on 08/11/2023 but I "filed it" and forgot to reply as life was happening. Here they are:

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I received a charge certificate on 03/01/2024. Here it is:

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Is it too late? Do I now need to pay £195?

Thanks.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: October 16, 2023, 01:18:51 pm »
If I formally challenge, will you guys help me?

I've looked through London Tribunals and found 3 x "being in a bus lane" contraventions that were successfully appealled. 1, 2, 3


Can I work out if the prescribed device reason will work for me ahead of time? Or is it a roll of the dice?

Also, I noticed a lot of successful appeals have this reason:

Quote
The Enforcement Authority has informed me that they will not contest your appeal against the Penalty Charge Notice(s) mentioned above.

The Chief Adjudicator has therefore allowed your appeal without considering your evidence or any details of the case. You are not liable for any further charge(s) and, where appropriate, any amounts already paid will be refunded by the Enforcement Authority.

Good outcome, but why does the enforcement authority back down?

If my odds are more than 50% of a successful appeal, I'm happy to continue.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: October 09, 2023, 09:43:18 pm »
Merton Parking Services have replied about my PCN. I have attached the PDF.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: September 26, 2023, 01:25:48 pm »
Nothing received in the post.

Do you know when I should expect to hear something?

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: August 29, 2023, 10:52:25 am »
I haven't heard back from Merton Council. Will post here when I do.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 21, 2023, 11:38:00 am »
When I appeal, I have to choose from a list of reasons.

After I choose "I did not realise I was in a bus lane" I see this screen. The text on this page includes:

"The markings for bus lanes make them easily distinguishable from the rest of the road. As it is the driver's responsibility to be aware of and obey traffic signage and directions at all times and to know and understand the Highway Code, drivers should be aware that they cannot drive in a bus lane."

I think this paragraph only goes to serve my case. The bus lane is not easily distinguishable.


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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 21, 2023, 11:25:03 am »
Thanks both. I'll go with this:


Dear Sirs / Madams,

Ref: PCN MT87044495 VRM LC62 DVR

I appeal against the issue of this PCN. My challenge is based on these points:

The bus lane markings are faded.
Very dark road (street lighting does not look very effective)
Heavy rain

The combination of these facts means it was impossible for me to see the bus lane markings and the signs.

Your own video evidence and photos demonstrate the poor visibility of the road markings.

Google Street View - https://goo.gl/maps/RpTYD41NgPFUuNx47 - shows the faded lines as of August 2022. I have attached photographs of the location to show the road markings are even more faded a year later. These photos were taken on July 19, 2023.

For comparison, I have attached an image of a bus lane that has clear markings. This was taken in a nearby area. If the road markings on Wimbledon Hill Road were maintained I would have been in a position to see the bus lane at night, in rain and in poor light.

Please cancel the PCN accordingly.

Yours faithfully

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 21, 2023, 09:10:08 am »
Here's my draft appeal:

Dear Sirs / Madams,
Ref: PCN MT87044495 VRM LC62 DVR

I appeal against the issue of this PCN. My challenge is based on these points:

  • The bus lane markings are faded.
  • Very dark road (street lighting does not look very effective)
  • Heavy rain

The combination of these facts means it was impossible for me to see the bus lane markings. My passenger has provided a statement to back this up:

"I am also a driver and was sitting in the passenger seat at the time of the infraction. It was dark and raining heavily and there was poor street lighting. I didn't see the lines of the bus lane and was not aware we had entered it. I can see from the video and photographs provided with the PCN that the lines are barely visible especially given the weather conditions at the time."

Your own video evidence and photos demonstrate the poor visibility of the road markings.

Google Street View - https://goo.gl/maps/RpTYD41NgPFUuNx47 - shows the faded lines as of August 2022. I have attached photographs of the location to show the road markings are even more faded a year later. These photos were taken on July 19, 2023.

For comparison, I have attached an image of a bus lane that has clear markings. This was taken in a nearby area. If the road markings on Wimbledon Hill Road were maintained I would have been in a position to see the bus lane at night, in rain and in poor light.

Please cancel the PCN accordingly.

Yours faithfully

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 19, 2023, 04:19:27 pm »
For me, at that time of night and weather, the main issue was the bus lane markings were not visible. The signage is moot if I can't see the line. Not sure if that's a valid defence.

Also, visiting today, I noticed the camera was position only a few metres before the end of the bus lane. I was turning left, so moved left as I approached the turning, over a bus lane I couldn't see.

Are faded bus lane markings useful in an appeal?

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 19, 2023, 04:08:29 pm »
sorry, try again

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 19, 2023, 02:17:20 pm »
Here are the photos: https://photos.app.goo.gl/tJWiveq5KY6xVY5Q7

And here they are plotted on a map: https://www.google.com/maps/d/u/0/edit?mid=13CZ_c9XJjO9iIcheeO3N226PfdxewCY&usp=sharing

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Civil penalty charge notices (Councils, TFL and so on) / Re: Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 18, 2023, 09:15:45 pm »
I will cycle to Wimbledon Hill Road tomorrow and get photos of signage.

I'm not sure what to do with the information posted so far.

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Civil penalty charge notices (Councils, TFL and so on) / Merton, code 34J being in a bus lane, Wimbledon Hill Road SW19, Date of notice 10/07/23
« on: July 17, 2023, 02:00:47 pm »
Hello there!

You know, my dear friend Google Maps (who, by the way, is still on probation with me) suggested that I venture off my usual path and into uncharted territory, and oh, did I fall into the sly traps laid by our very own Big Bad Wolf, the Merton Council. Caught red-handed by the lurking Trap 34J, the most notorious of them all!

Now, one might argue that as a mature adult, I should have known better, right? But here's the twist! It was a night darker than a black cat in a coal mine, rain pouring down like a waterfall in a soda commercial, and the road markings? I've seen ghosts more visible than them!
The evidence, my fine compatriots, is there for all to see. Attached, find my PCN and the compelling evidence from the candid camera - it's as if they knew I was going to be the star of the night! Watch the suspense unravel at

https://youtu.be/_qEuSO3ihJo.












Feast your eyes upon the scene of the crime, https://goo.gl/maps/RpTYD41NgPFUuNx47. Wimbledon Hill Road was my fateful journey, and I was but a wayward traveler gently edging left, eyeing the inviting turn into Woodside. But alas, the elusive bus lane markings remained as hidden as the Cheshire cat's grin.

Fret not! I am not of this land, but a kind-hearted stranger on Facebook (God bless the Internet) lent a helping hand by clicking pictures of the current road markings, both in broad daylight and a photo of a pristine bus lane nearby. After all, nothing says "Gotcha!" better than a solid comparison, eh?







So, dear friends, do we stand a chance against the wicked council? Could we win this epic battle, much like David and Goliath? Gather your thoughts, for every word counts in this fight for justice!

P.S. ChatGPT turned my bland message into something a bit more witty!

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