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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN 34J - Bus Lane / Bus Gate - Leeds City Council - v2
« on: October 12, 2023, 10:01:45 pm »
One further point:
According to the information at https://leedscitysquare.commonplace.is/
https://leedscitysquare.commonplace.is/en-GB/news/city-square-enters-final-phase-of-construction-from-15-may-2023
This new East Parade Bus Gate came into operation on 19 June 2023.
The current DFT guidance (which I have copied below) appears to suggest that warning notices, rather than PCNs, should be issued for the first 6 months after a new bus gate begins operation. I would be grateful if anyone with more experience in these matters than myself, could confirm whether this angle is an appropriate challenge in this case.
"Warning notices
To promote compliance by helping motorists understand the seriousness of moving traffic contraventions, for a period of 6 months following implementation of enforcement of moving traffic contraventions, at each particular camera location, local authorities outside London should issue warning notices for first-time moving traffic contraventions. This also applies to any new camera location in the future.
The warning notice should set out the 6 month period and advise that any further moving traffic contravention at the same camera location would result in the issue of a PCN. It is therefore strongly recommended that accurate records of enforcement commencement dates are maintained.
Warning notices should be issued in respect of new restrictions, for example at new junctions and new (or major changes to) road layouts, or existing restrictions, such as a long-established box junction, being civilly enforced by camera for the first time."
https://www.gov.uk/government/publications/bus-lane-and-moving-traffic-enforcement-outside-london/traffic-management-act-2004-statutory-guidance-for-local-authorities-outside-london-on-civil-enforcement-of-bus-lane-and-moving-traffic-contravention
According to the information at https://leedscitysquare.commonplace.is/
https://leedscitysquare.commonplace.is/en-GB/news/city-square-enters-final-phase-of-construction-from-15-may-2023
This new East Parade Bus Gate came into operation on 19 June 2023.
The current DFT guidance (which I have copied below) appears to suggest that warning notices, rather than PCNs, should be issued for the first 6 months after a new bus gate begins operation. I would be grateful if anyone with more experience in these matters than myself, could confirm whether this angle is an appropriate challenge in this case.
"Warning notices
To promote compliance by helping motorists understand the seriousness of moving traffic contraventions, for a period of 6 months following implementation of enforcement of moving traffic contraventions, at each particular camera location, local authorities outside London should issue warning notices for first-time moving traffic contraventions. This also applies to any new camera location in the future.
The warning notice should set out the 6 month period and advise that any further moving traffic contravention at the same camera location would result in the issue of a PCN. It is therefore strongly recommended that accurate records of enforcement commencement dates are maintained.
Warning notices should be issued in respect of new restrictions, for example at new junctions and new (or major changes to) road layouts, or existing restrictions, such as a long-established box junction, being civilly enforced by camera for the first time."
https://www.gov.uk/government/publications/bus-lane-and-moving-traffic-enforcement-outside-london/traffic-management-act-2004-statutory-guidance-for-local-authorities-outside-london-on-civil-enforcement-of-bus-lane-and-moving-traffic-contravention