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I don't know how to change the title now should i start a new topic or leave it how it is now?

Thanks

Sorry for the late reply i have been trying to get the papers from the friend he has yet to send the rejection but has sent me the orginal pcn, the rejection i should get by tonight.

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I have not heard back from anyone and it will be the last day to pay tommorow, i think it will be best to pay as luckily i have to only pay 1 pcn so if i haven't heard anything back by tonight if there any grounds to further appeal i will pay.

Thanks for all your support

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Hi, so i have a bit of good news one of the pcns has been cancelled as seen in the picture

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Yes definitely give it a go if the discount is re-offered if rejected. I suggest also including this paragraph.

Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes the restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.

Just wanna make sure as i have recieved 2 pcns on the same date like 48 minutes apart so will this still be okay to put in.

Thanks

I am accused of being in a bus lane but none of the signage used is in accordance with bus lane signing as determined by the Department for Transport’s Traffic Signs Manual Chapter 3. The signage used is a variant of diagram 953 from Schedule 3 of the TSRGD 2016. The TMA 2004 prescribes under Schedule 7 Part 4 that contravening the sign to diagram 953 is a moving traffic contravention and the applicable contravention description according to Annex B to the statutory guidance issued by the Secretary of State is code 33 - Using a route restricted to certain vehicles.

The Council has committed a procedural impropriety in its failure to issue a moving traffic PCN in accordance with the TMA 2004 Part 4 and with the statutory guidance which the council must by law have regard to. As a consequence, the penalty charge should be cancelled. If the Council disagrees, I expect the council to layout “clear and full reasons for its decision” as required by the statutory guidance.

I also believe that the bus lane definition is unhelpful because:

6(1)A bus lane contravention is a contravention of any provision of a traffic order relating to the use of an area of road that is or forms part of a bus lane.

(2)An area of road is or forms part of a bus lane if the order provides that it may be used—

(a)only by buses (or a particular description of bus), or

(b)only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.

but nonetheless a motorist needs be made aware of the presence of a bus lane and this is done by placing bus lane signage in accordance with the chapter 3 traffic signs manual. The applicable section in the manual has the heading "Bus Lanes And Gates". From this it can be inferred that a bus lane and a bus gate are not the same thing. If they were, the simple heading "Bus Lanes" would suffice. The fact that failing to comply with a sign to diagram 953 is a moving traffic contravention under the TMA 2004 creates a degree of ambiguity in respect of the correct contravention.

Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes the restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.

Will this be okay?