Hi All,
So I went back to road this afternoon on foot and took some pictures and video of the advance sign and the sign on the entry to the bus gate (Video and pictures located here:
https://www.flickr.com/photos/198760434@N04/with/53064145104/Have to say they match what is on google maps. I did miss the advance sign as there was 1 large van in front of me as I was passing it by and was glancing at my Sat Nav at the time. What I see in the video is that there are couple of posts with other signs partially obscuring the advance bus gate sign so not sure if that could be highlighted. I did then notice in the video that I recorded today, that there is a diversion and road ahead closed sign at the traffic lights before the bus gate entrance. These signs weren't there on the 10th July 2023 the date of the alleged contravention.
If you refer to video footage I have provided in the link above, 1 minute and 40 seconds in you will see 2 vehicles trying to turn back and on this occasion succeeding and thus not entering the bus gate. I was trying to do the same but the car behind was too close and refused to go back. Had it done the same as the 2 vehicles in the video I have provided, I too would have been able to turn back and avoided entering the bus gate thus not in contravention of the restriction. It is very frustrating. I still feel I should appeal on the 'Other Grounds' and looking at this link from this website:
https://drive.google.com/file/d/1xnmj-f7F-2vJBWxrX7r2XWkb9GPOR0fj/view from the cancellation guide from Manchester City Council, I feel my case falls into the text below:
"Other Reasonable Grounds/Mitigating Circumstances
On occasions where the PCN was correctly issued, but there are mitigating
circumstances, the Council will take into consideration mitigation when
reaching a decision.
The Council has a duty to act fairly and proportionately and will exercise
discretion sensibly and reasonably.
We will also consider using our discretion to cancel a PCN in the following
circumstances:
● Where there is satisfactory evidence that the vehicle had broken down
and reasonable steps were taken to remove it as soon as possible
(evidence must be supplied)
● Where the interests of justice in the Council’s opinion require the
cancellation of the PCN."Does anyone agree? If anyone could offer me a statement to that effect that I can put forward in my representation / appeal I would be really grateful. Happy for you to DM if you can also.
Have to re-iterate pedestrian and motorist safety was what I took into consideration in terms of not reversing. There was an opportunity prior to the car behind where I could have reversed but that is when many pedestrians where crossing directly behind that would have been dangerous and more serious than then contravening the restriction. So I believe some discretion needs to be taken into account and I feel justice here would be to cancel the PCN as I had no other choice. Anyone agree?
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