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Messages - henryjago

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Hi @Cantab1985

Sorry to hear you got done too. The text of my formal representation is in the above thread in full. It was basically the same as the informal rep.

Don't be deterred by the fact your informal rep was rejected - their business model works on the basis that they reject virtually every informal rep.

I think the the key point in my case was that they said that "BUS LANE" was clearly written in the road (which they are required to do) - and it wasn't. So unless they've gone back and put it on the road since, I'd focus on that. But you can see my other rationale about inadequate signage and errors on the PCN and Enforcement Notice too.

Ultimately, I do not know why my PCN was cancelled, but I suspect (or like to think) they realised they would lose at tribunal  on the basis they made a factual error re the legend. But in reality, it may be that they were simply overwhelmed and couldn't reply within a decent period of time. Who knows.

Good luck!

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However given I cannot pinpoint the precise location based on the info they've given me, I have seen no evidence that the 50mph restriction was in place.  If "local traffic order" means temporary restrictions, presumably it is reasonable for me to request evidence that the correct signs were present and that advance warning to drivers was given? Otherwise I am just taking their word for it. I think it would be different if I could remember the restriction - but I have no memory whatsoever of a temp limit, camera signs or a flash.
I know the location well - Here.

It's been 50mph with SPECS cameras for quite a while - the signage is all correct.  SPECS do not flash.  No 'advance warning' is required other than the speed limit signs.  (But it does say average speed cameras)

It was dark at the time but the signs will be retroreflective.

Many thanks once again. I think it is likely I will have to give this one up.

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This official .gov.uk details proposed changes to be made due to a large number of accidents around Pellens Corner. It states the section will now have average speed cameras (hence no flash) and speed limit of 50 MPH.

Pellens Corner A120

The news article was withdrawn, no idea why.

Here is a Highways Agency document on the changes, all points to it being a 50MPH Average Speed enforced section of road.

Highway Agency

Many thanks for this @FuzzyDuck. I do not recall seeing signs for the average speed cameras, or for the 50mph limit. Doesn't mean they weren't there though, but ideally I would like reassurance they were before I accept the fine. Feels like I will just have to take their word for it and that they complied with the regs that allow them to issue fines/courses. I have won cases where authorities failed to do this and I have proved it - however this one is a long way from home and I don't know whereabouts to start looking even if I were to go back there.

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There isnt anything attached.
read the sticky on how to post and have another go at posting what is req.

Thanks - image uploaded now.

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Happy to provide as much info as necessary!

The preferred approach is that you tell us everything that might conceivably be useful in assisting us to help you (without unnecessarily divulging sensitive personal information), and we tell you if we need anything else.

Drip feeding/pulling teeth leads many posters to question whether they have anything better to do with their time.

Apologies - I was just trying to be concise. I enclose a copy of the the letter. I don't think I have anything further to post and I certainly have no intention of wasting anyone's time. 


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Many thanks both.

@Gilan02 The location is listed as "A120 PELLENS CORNER, NEAR J/W CLACTON ROAD, LITTLE BENTLEY".

@ManxTom I see your point. However I confirmed myself as the driver as I was on the A120 at the stated time and time. I am the sole driver of the car and it's registered in my name.

However given I cannot pinpoint the precise location based on the info they've given me, I have seen no evidence that the 50mph restriction was in place.  If "local traffic order" means temporary restrictions, presumably it is reasonable for me to request evidence that the correct signs were present and that advance warning to drivers was given? Otherwise I am just taking their word for it. I think it would be different if I could remember the restriction - but I have no memory whatsoever of a temp limit, camera signs or a flash.

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Hello,

Essex Police sent me a NIP for exceeding 50 mph "in contravention of a local traffic order". I was done on an "automatic camera device".

I was in the area on the date and at time stated, but have no recollection of a junction, signs or roadworks that could have been present when the camera took images of my car. I have no memory of a camera flash either - and it was late at night on a country road.

I confirmed I was the driver at the time of the alleged offence have received a letter that restates the vague location (which I cannot pinpoint on google maps) and the offence, offering a speed awareness course or to accept a £100 fine and three points.

Images are not included and there is no detail about how fast I was actually going - I am certain it was not much over 50mph.

There is a number to call and an email address for "queries relating to the offence or issuing of the fixed penalty notice".

I intend to request the images and ask for the precise location where they were taken, and if there were temporary restrictions in place. That way I can try to check if this has been issued correctly.

Any other suggestions before I do? Happy to provide as much info as necessary!

Thanks all.

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@Hippocrates @cp8759 Received the enclosed today. It's very magnanimous of them to apply discretion, but if they genuinely view the grounds on which I made my formal rep, I don't understand why. I am therefore working on the basis they knew it was likely to be cancelled at tribunal and would then have to either write "bus lane" on the road and/or change the lines on the road - or cancel any other PCNs taken since. Either way, I am now "On Notice"! I'm taking the win and thought you might like to see the letter. Thank you both for your help over the last few months. :-)


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Hello @cp8759 and @Hippocrates.

Hadn't heard a dickie bird about this for months, so just checked the PCN status. TfL cancelled the PCN last Friday! I have not received notification by post, or by email so have no idea why. Not that I am overly concerned about the reason, but it would be interesting. Obviously a good outcome for me, but I do wonder if they'd left it so long, they knew they'd have a hard time explaining the delay at Tribunal? Any ideas/thoughts?


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I appealed the Enforcement Notice which TfL received on the 28th March. It's been on hold since then.

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Hi @Hippocrates and @cp8759.

I still have not heard back from TfL on this. They received my formal representation on 28th March and it still seems to be on hold. Is it usual to wait this long before hearing from them?


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Quote
I'll send through the post (tracked) tomorrow.

Normally, post 1st Class at any post office counter and obtain proof of posting is advised. The law the defines it as served 2 days later. Signed for post to large organisations is not reliable.

Thanks. I have gone for Special Delivery Guaranteed by 1pm. Do you think that should be okay?


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Thanks - the formal representation is ready to go and I'll send through the post (tracked) tomorrow. Final version below (without images as they are included earlier in the thread). I will get back in touch @Hippocrates when the letter of rejection arrives - in the meantime, do let me know if you need anything ahead of the Tribunal stage. Thanks again for your help to date.




Formal Representation against Enforcement Notice (Penalty Charge Notice (PCN) GX2209961A)
I am writing to formally challenge the above Enforcement Notice regarding an alleged bus lane contravention for the reasons set out below.


1.  Inadequate advance warning of the bus lane. A blue sign in Camden Road just before Lyme Street is obscured by a Congestion Charge sign. Please see Image 1. I stood in the inside lane of the road to take this photo. There should be adequate advance warning of the presence of a bus lane.

2.   Confusing road markings at the junction with traffic lights at Camden Street. The inside lane becomes the bus lane immediately after the yellow box junction with traffic lights at Camden Street. The bus lane starts so close to the junction that the dotted white line of the bus lane meets the yellow line of the box junction – see Image 2. Therefore, motorists in the inside lane at the junction intending to drive straight on are not permitted to exit the junction in the same lane. However, the arrow marker on the road at the stop line indicates motorists may continue straight on – see Image 3 taken from Google Street, but doing so results in a fine. I believe there is a duty on TfL to ensure signs and road markings are clear and not misleading.

3.   No BUS LANE legend. At no point does the bus lane have the words “Bus Lane” written on the tarmac from its commencement at Camden Street to the end. Other bus lanes in the Camden area do.

4.   The notes on the Enforcement Notice incorrectly identify the Notice as a Penalty Charge Notice - see Image 4. This inaccuracy is misleading and confusing.

The PCN itself is unenforceable because:

5.   The reference to The Interpretation Act is irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the Notice.

6.   The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)

https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

7.   The statement: "It will not entitle you to the right of appeal." is absurd and flies in the face of the law and natural justice. Additionally, the following statement about consideration seems to contradict what has been previously stated.

8.   The statement: "Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period." similarly fetters discretion and mis-states the time period.

I therefore request the penalty be cancelled thereby avoiding further time and effort for both parties.

Yours sincerely,
 


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