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#Post#: 19970--------------------------------------------------
RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: April 19, 2024, 5:16 am
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I have been issued a ticket for being in a Bus Lane, I stopped
in a Bus Lane to pick up a passenger as a Private Hire Driver.
The initial PCN was for Being in a Bus Lane.
I appealed and explained the grounds for stopping there. This
has been refused and states I was driving in the Bus Lane (which
was not the case)
Would be grateful for any support.
#Post#: 19975--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: April 19, 2024, 5:28 am
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HTML https://maps.app.goo.gl/RfLfX3vRAjR4KZx56
[attachment deleted by admin]
#Post#: 19976--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: April 19, 2024, 5:31 am
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Basis of my appeal
[attachment deleted by admin]
#Post#: 19982--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: ivanleo
Date: April 19, 2024, 6:28 am
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[member=177]Iaali2[/member] well that was a terrible
representation as you shouldn't have admitted to ever being in a
bus lane in the first place.
That being said, Waltham Forest have never been able to prove
their CCTV camera is approved by the Secretary of State, see
these cases:
Mohammad Ayub v London Borough of Waltham Forest (2210767543, 7
February 2022)
HTML https://drive.google.com/file/d/1FAEz0JGxe6JL-dfimIVoItLRFK_7nkiM/view
Fahmim Chowdhury v London Borough of Waltham Forest (2210847074,
25 April 2022)
HTML https://drive.google.com/file/d/1kD_KNTKQfHK_7ge-E5f0AfC9LSNxP3k9/view
Nazma Yaqoob v London Borough of Waltham Forest (2220271919, 13
June 2022)
HTML https://drive.google.com/file/d/1zj1xc4518uP1Zx77G810VzxSx1hkIVVk/view
Nazma Yaqoob v London Borough of Waltham Forest (2220271919, 2
July 2022)
HTML https://drive.google.com/file/d/1nowFLX3k1dZaFvLDonHMHmz6vLbMjgIf/view
Furzana Yasmin Alvi v London Borough of Waltham Forest
(2220749639, 15 December 2022)
HTML https://drive.google.com/file/d/1H3Cz6XNWcO_Arl3DsyK4OgHq8V5Cfz3V/view
Irfan Iqbal v London Borough of Waltham Forest (2220793845, 17
December 2022)
HTML https://drive.google.com/file/d/1RXi5zkPOmQ2pxJ3Whxur0XpriSnGgAGD/view
Fawaz Mohamed v London Borough of Waltham Forest (2240089033, 27
March 2024)
HTML https://drive.google.com/file/d/1Uab63buwUh-wfCy2LJpBi028uWzHIekb/view
For now just wait for the enforcement notice and let us know
when you've got it. Also going forwards please don't make
representations against anything without getting advice from us
first.
#Post#: 19984--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: April 19, 2024, 7:07 am
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Thanks for getting back to me.. I thought it was a straight
forward appeal. But noted for future reference.
Kind Regards
#Post#: 19994--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: April 19, 2024, 8:44 am
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as cp8759 says, wait for the Enforcement Notice.
#Post#: 22876--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: May 17, 2024, 12:21 pm
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Enforcement notice attached (I think)
HTML https://i.imgur.com/ulJ4WlA.jpeg
[attachment deleted by admin]
#Post#: 22882--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: May 17, 2024, 1:00 pm
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I have a case pending next month and they are not attending. I
will draft some stronger representations later. If they do not
attend, much to the annoyance of two adjudicators, they lose.
HTML https://drive.google.com/file/d/1Uab63buwUh-wfCy2LJpBi028uWzHIekb/view
I did this one and the hearing went on far too long as the
adjudicator was not au fait with the finer detail of the law. I
even joked that, if the same caveat re evidence were
incorporated into moving traffic law, a lot more appeals would
be allowed. para. 7(6) Schedule I:
HTML https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
(6)Nothing in sub-paragraph (1) or (4) above makes a document
admissible as evidence in proceedings under paragraph 6 above
unless a copy of it has not less than 7 days before the hearing,
been served on the appellant; and nothing in those paragraphs
makes a document admissible as evidence of anything other than
the matters shown on a record produced by a prescribed device if
that person, not less than three days before the hearing or
within such further time as the traffic adjudicator may in
special circumstances allow, serves a notice on the council
requiring attendance at the hearing or trial of the person who
signed the document.
****
Currently, their witness statements do not cover even 7(2)
because they do not name the camera:
(2)A record produced or measurement made by a prescribed device
shall not be admissible as evidence of a fact relevant to
proceedings under paragraph 6 above unless—
(a)the device is of a type approved by the Secretary of State;
and
(b)any conditions subject to which the approval was given are
satisfied.
#Post#: 23926--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: ivanleo
Date: May 26, 2024, 12:54 pm
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[member=24]Hippocrates[/member] just catching up on things, are
you able to prepare a draft for Iaali2?
#Post#: 23934--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: May 26, 2024, 1:49 pm
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[member=1]cp8759[/member] please feel free to tweak:
Dear WF
Ref PCN...........EN...........
I make these formal representations against the Enforcement
Notice.
1. The video evidence does not show any bus lane warning signage
allegedly passed.
2. You must provide strict proof that the camera used to capture
this alleged contravention has VCA approval for any evidence to
be admissible at the Tribunal.
3. The PCN does not identify with sufficient clarity where the
said bus lane is located.
4. I retract my previous challenge.
In light of the above please cancel both documents.
Yours
Registered keeper
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