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Do you you think I have a chance?If I PM you my details you can send a pdf to me. I need to see all of it plus all the documents.
Sorry as was busy all day yesterday. Good luck.
Still thinking on it. Probably later this evening.
PCN wording. Bus Lane legend. Left hand sign. Circumstances making it impossible to reverse out.
I am writing to formally challenge the above Penalty Charge Notice, issued for an alleged moving traffic contravention at the Townley Road bus gate at 00:28 hours on [date].
I respectfully submit that the PCN should be cancelled on the grounds that the contravention did not occur, for the following reasons:
⸻
1. Inadequate and Poorly Maintained Road Markings (TSRGD Compliance)
• The road legend “BUS LANE”/“BUS ONLY”at the location is extremely faded and barely visible, particularly in low-light conditions. Which is it? If Bus Lane, say it is not in the regulations for it to be placed with a 953 sign.
• Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the council has a duty to ensure that traffic signs and road markings are maintained so that they are clearly visible at all times.
• TSRGD 2016 and Department for Transport guidance require that road markings and signs be both lawful and sufficiently conspicuous to give road users adequate warning.
• At 00:28 hours, visibility is naturally reduced; the poor state of the markings made it impossible to clearly recognise the restriction before committing to the turn.
⸻
2. Lack of Adequate Advance Warning Signs
• There was no clear advance warning on my approach to indicate that the exit ahead was restricted to buses only.
• TSRGD and DfT guidance recommend advance signage for bus gates so that drivers can take an alternative route without making unsafe manoeuvres at the point of entry.
• The first visible sign to me was on the left-hand side after I had already begun turning, making avoidance impossible without hazard.
⸻
3. Immediate Attempt to Comply Once Restriction Noticed
• Upon realising thelanegate was for buses only, I immediately attempted to reverse out to avoid entering the restricted section.
• The council’s own video evidence shows my attempt to do so. Unfortunately, a bus entered the lane at that moment, preventing me from safely reversing without endangering myself or other road users.
• This demonstrates my lack of intent to commit the contravention and my willingness to comply once the restriction became apparent.
⸻
4. Time, Circumstances, and Lack of Gain
• This incident occurred at 00:28 hours, when bus traffic is minimal and there is no benefit or advantage to me in entering the bus gate.
• My actions were not motivated by any attempt to bypass traffic or gain priority — I was simply unaware of the restriction due to the inadequate signage and faded markings.
⸻
5. Supporting Precedent and Public Interest
• The London Tribunals have previously allowed appeals in cases where bus gate or bus lane signage/markings were not sufficiently visible or maintained, especially where drivers took immediate action to comply once aware.
•Enforcement should be aimed at preventing deliberate misuse, not penalising drivers caught out by unclear or poorly maintained restrictions, particularly in low-light conditions.
⸻
Conclusion
Given the inadequate road markings, lack of advance warning, reduced visibility at night, and my immediate attempt to avoid the restriction upon realisation, I respectfully request that the PCN be cancelled.I look forward to your confirmation that this PCN has been withdrawn.
Is this okay?
I have amended accordingly. Also, I would add this at the end:
I make this collateral challenge regarding the wording of the sentence immediately above the box re payment. Since the PCN omits mandatory information that the PCN must be paid by 28 days beginning with the date of the notice, the said statement therefore conflates the two distinct time periods and renders the PCN unclear and invalid. In light of all the above, please cancel.
Thank you so much for your elaborate reply. I have a few questions, I would be very grateful for your response to them. I will post my questions in the next reply.
Still thinking on it. Probably later this evening.
PCN wording. Bus Lane legend. Left hand sign. Circumstances making it impossible to reverse out.
I am writing to formally challenge the above Penalty Charge Notice, issued for an alleged moving traffic contravention at the Townley Road bus gate at 00:28 hours on [date].
I respectfully submit that the PCN should be cancelled on the grounds that the contravention did not occur, for the following reasons:
⸻
1. Inadequate and Poorly Maintained Road Markings (TSRGD Compliance)
• The road legend “BUS LANE”/“BUS ONLY”at the location is extremely faded and barely visible, particularly in low-light conditions. Which is it? If Bus Lane, say it is not in the regulations for it to be placed with a 953 sign.
• Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the council has a duty to ensure that traffic signs and road markings are maintained so that they are clearly visible at all times.
• TSRGD 2016 and Department for Transport guidance require that road markings and signs be both lawful and sufficiently conspicuous to give road users adequate warning.
• At 00:28 hours, visibility is naturally reduced; the poor state of the markings made it impossible to clearly recognise the restriction before committing to the turn.
⸻
2. Lack of Adequate Advance Warning Signs
• There was no clear advance warning on my approach to indicate that the exit ahead was restricted to buses only.
• TSRGD and DfT guidance recommend advance signage for bus gates so that drivers can take an alternative route without making unsafe manoeuvres at the point of entry.
• The first visible sign to me was on the left-hand side after I had already begun turning, making avoidance impossible without hazard.
⸻
3. Immediate Attempt to Comply Once Restriction Noticed
• Upon realising thelanegate was for buses only, I immediately attempted to reverse out to avoid entering the restricted section.
• The council’s own video evidence shows my attempt to do so. Unfortunately, a bus entered the lane at that moment, preventing me from safely reversing without endangering myself or other road users.
• This demonstrates my lack of intent to commit the contravention and my willingness to comply once the restriction became apparent.
⸻
4. Time, Circumstances, and Lack of Gain
• This incident occurred at 00:28 hours, when bus traffic is minimal and there is no benefit or advantage to me in entering the bus gate.
• My actions were not motivated by any attempt to bypass traffic or gain priority — I was simply unaware of the restriction due to the inadequate signage and faded markings.
⸻
5. Supporting Precedent and Public Interest
• The London Tribunals have previously allowed appeals in cases where bus gate or bus lane signage/markings were not sufficiently visible or maintained, especially where drivers took immediate action to comply once aware.
•Enforcement should be aimed at preventing deliberate misuse, not penalising drivers caught out by unclear or poorly maintained restrictions, particularly in low-light conditions.
⸻
Conclusion
Given the inadequate road markings, lack of advance warning, reduced visibility at night, and my immediate attempt to avoid the restriction upon realisation, I respectfully request that the PCN be cancelled.I look forward to your confirmation that this PCN has been withdrawn.
Is this okay?
I have amended accordingly. Also, I would add this at the end:
I make this collateral challenge regarding the wording of the sentence immediately above the box re payment. Since the PCN omits mandatory information that the PCN must be paid by 28 days beginning with the date of the notice, the said statement therefore conflates the two distinct time periods and renders the PCN unclear and invalid. In light of all the above, please cancel.
Still thinking on it. Probably later this evening.
PCN wording. Bus Lane legend. Left hand sign. Circumstances making it impossible to reverse out.
2nd page please.
@Hippocrates, I am sorry but I did not get you there. 2nd page of?
He would like to see the second page of PCN, you have only posted the first page. More often than not, the experts on this site, such as Hippocrates, can help by using technical dificiencies in the process to help succedssfully overturn a PCN. What may appear to be a standard load of garbage text to you, often contains fatal errors giving you a lifeline to avoid paying the PCN.