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Messages - John

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2
Hi,

Does anyone think there is anything else that can be done re this? I still can't believe the council can get away with installing something like this and simply continue to issue PCN's rather than make it clearer to the general public that they are not supposed to go through this street.

Thanks.

3
Hello, is there any chance of a class action against the council for not ensuring the 'Bus Gate' is sufficiently marked to avoid PCN's needing to be issued anyway? The average issue I understand is around 170 a day! The signage used is certainly incomplete against the official website at least.

4
Hello Incandescent, I've attached the PCN to my previous post, as I couldn't seem to embed it. Thanks.

5
Hello,

Thanks for the response. I did read the article in question but went by the note that it's ok to start with just the front page of the PCN, sorry.

I've now attached the complete PCN and rejection. Here is the text of my objection to the PCN:

-Question 1 : 'Please explain in as much detail as possible why you think your PCN should be cancelled'
    Answer : 'Dear Enfield Council,

I challenge liability for PCN EF98127539 on the basis of a procedural impropriety. Specifically the statutory grounds of appeal at regulation 5(4)(g) and (f) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 are missing from the Enforcement Notice that has been served. That is a procedural impropriety on the basis of which the penalty charge must be cancelled.


Yours faithfully,'
-Question 2 : 'Would you like to upload any other documents to support your case?'
    Answer : 'No'

With regards to the signage, who ever would look there in the normal course of life? Out of interest, the sign in my case isn't there. There is one similar, but the 'Only' sign is missing in my instance. Anything there that could be used?

Thanks for your help.




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6
Hello,

I got caught by a 'Bus Gate', whatever that is! A blue sigh showing a bike and a bus and you’re supposed to know that this excludes cars somehow. Jus down the road is another restriction with the usual red circle with a car and motorcycle in it, perfectly clear. Why the difference? I looked on here and sent a representation on the basis of their being missing regulations listed in the PCN, which has been rejected. How can a council dream up a totally new way of restricting a section of road and invent signage and nobody know about it. I’ve read recently about a case in Colchester, where it was argued that ‘bus gate’ had no legal definition. Why can’t the council stick with what drivers are used to, red circle signs with the restricted types of vehicles in them? I know I'm not alone, as a FOI showed that there were over 41,000 convictions for this 'bus gate' in the first 6 months of its existence! Can we argue insufficient signage, as I and many others (the FOI was in March 2024) clearly did not understand what it was telling us. There is (after checking) a ‘no through road’ sign at the entrance further back down the road but on the offside of the street on a mini roundabout, but that could be obscured by a vehicle. Nothing on the nearside curb anywhere.

Any help would be appreciated as I really feel this PCN is unjustified.

Location: https://maps.app.goo.gl/PGptWzvhT87yyTsNA
   
Thanks.



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