3. Bus gate enforcement
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Bus gate enforcement
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Hi all, I am hoping someone can help. A street in my City has a so-called Bus gate that has been in operation for 3 and a half years, during this time it has amassed(courtesy of FOI) almost £900,000 in fines. In 2021 a PCN was successfully cancelled via the TRO because according to the vehicle owner, the said "Bus gate" had not been enforced, this did get some press and the Councilor responsible for that operation said enforcement was something they were looking to do. Recently through a colleague I have found that another appeal has been successful again via the TRO where the vehicle owner used the same non-enforcement ruling as before, this appeal happened 6 weeks ago. This enforcement ruling is a grey area ,any info doesn't seem available , but what stands out here is the question of exactly how legal this operation is? especially when PCN's are being cancelled.
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Re: Bus gate enforcement
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If the Traffic Regulation Order for the Bus Gate has been established, and signs erected to show it in force, then it is up to the council how much they enforce it. What they are doing may be bad practice, but it's a political issue, not one that an adjudicator can sort out as they can only look at the particular PCN under notice
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Re: Bus gate enforcement
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Ok,thanks for the information, what baffles me here is that these PCN's are being cancelled, does this mean anyone who was issued a PCN and paid the fine  would be able to claim their money back?
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Re: Bus gate enforcement
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Quote from: nrick909 on May 22, 2024, 09:51:24 pm
Ok,thanks for the information, what baffles me here is that these PCN's are being cancelled, does this mean anyone who was issued a PCN and paid the fine  would be able to claim their money back?
Pedantically a Penalty (not a fine).

Once paid you cannot 'claim back' the penalty paid, the only mechanism I am aware of would be a judicial review (which will cost 5 figures in legal expenses) to try and get the council ordered to repay, but the bar will be high for that.
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There are motorists who have been scammed and those who are yet to be scammed!
Re: Bus gate enforcement
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Quote from: The Rookie on May 23, 2024, 11:59:10 am
Quote from: nrick909 on May 22, 2024, 09:51:24 pm
Ok,thanks for the information, what baffles me here is that these PCN's are being cancelled, does this mean anyone who was issued a PCN and paid the fine  would be able to claim their money back?
Pedantically a Penalty (not a fine).
Unnecessarily pedantic too.
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I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.
Re: Bus gate enforcement
« Reply #5 on: »
The OP posts that a PCN was cancelled via the TRO as the bus gate had not been enforced, and your issue with his terminology was that he referred to the penalties as fines?
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I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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