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#Post#: 13820--------------------------------------------------
34J Being in a bus lane, Duke Street, Chelmsford
DIR By: chand
Date: January 15, 2024, 5:06 pm
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Hi,
It was my first visit to Chelmsford 10 days back. I was
confused when I saw "BUS GATE" written on the road under a
bridge in Duke Street, Chelmsford. The road was not painted in
red. So I passed through the road and subsequently got a PCN
"34J Being in a bus lane".
Road marking did not say as bus lane nor the road surface
painted in red.
Please advise if there is any ground to appeal.
Thanks
[attachment deleted by admin]
#Post#: 13823--------------------------------------------------
Re: 34J Being in a bus lane, Duke Street, Chelmsford
DIR By: fraser.mitchell
Date: January 15, 2024, 5:32 pm
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We've seen this location before a few times. It is a Bus Gate
enforced using the bus lane regulations. This has been accepted
at the adjudicators so no mileage on this aspect, I'm afraid.
Here are the bus gate signs: -
HTML https://maps.app.goo.gl/iFgw2zXE3dxZ2pCdA
There is also an advance warning sign just after the traffic
lights here: -
HTML https://maps.app.goo.gl/iFgw2zXE3dxZ2pCdA
So you look to be pretty much bang-to-rights on the
contravention itself, I'm afraid. Did you not understand what
the blue signs meant just before you drove under the railway
bridge ?
However, a perusal of the back of the PCN shows that the
statutory grounds are not complete, therefore as this is
mandatory content, it is a procedural impropriety and you should
submit representations on this basis. The statutory grounds are
below in the regulation: -
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/regulation/5
Look at those on your PCN, then look at what should be there.
It does look as though they knew they had to alter their PCNs to
reflect use of the Traffic Management Act 2004, and the new
regulations of 2022, so have put the correct legislation on the
front page, but seem to have failed to actually read the
regulations themselves !
#Post#: 14152--------------------------------------------------
Re: 34J Being in a bus lane, Duke Street, Chelmsford
DIR By: chand
Date: January 22, 2024, 12:39 pm
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Thanks for your comments on 34J PCN issued at duke street. I am
not sure whether that argument can win the appeal. Anyway thanks
for your advise.
#Post#: 14173--------------------------------------------------
Re: 34J Being in a bus lane, Duke Street, Chelmsford
DIR By: fraser.mitchell
Date: January 22, 2024, 4:55 pm
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--- Quote from: chand link ---
>
> Thanks for your comments on 34J PCN issued at duke street. I
am not sure whether that argument can win the appeal. Anyway
thanks for your advise.
>
--- End Quote ---
Well, it's up you. but not including mandatory information on a
PCN is a procedural impropriety and ground for the PCN to be
cancelled. The downside is you probably have to take them to
adjudication to win.
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