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#Post#: 20222--------------------------------------------------
NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: tlogic
Date: April 21, 2024, 4:44 pm
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Hi
This is PCN nr two I'm fighting lol.
I recently received a PCN from Newham Council for driving in a
bus lane.
Restrictions on Barking Road, are from 7am til 10am and again
4pm til 7pm.
I was snapped driving in the bus lane at 18:59:24, - which work
out to be 36 seconds before the restrictions are lifted. It's
either my car or their camera not calibrated, could I
Successfully appeal?
Thanks
#Post#: 20245--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: fraser.mitchell
Date: April 21, 2024, 6:52 pm
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No doubt you're an escapee from Pepipoo going phut !
There are previous adjudications on this which support your case
based on the fact that it is unreasonable to expect a clock in a
car to have this degree of precision on times. This is a
money-grubbing PCN, issued because they know most people just
cough-up. However the reality is that to get the PCN cancelled,
it is very likely you will have to take them to London
Tribunals. ALthough the full PCN penalty would be in play, I
can't see you losing, although it has to be said some
adjudicators are complete pedants. See what others say, but
don't miss the deadline for submitting representations,
#Post#: 20537--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: ivanleo
Date: April 24, 2024, 5:18 pm
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--- Quote from: tlogic link ---
>
> I was snapped driving in the bus lane at 18:59:24, - which
work out to be 36 seconds before the restrictions are lifted.
It's either my car or their camera not calibrated, could I
Successfully appeal?
>
--- End Quote ---
Undoubtedly, and for more reasons than you think. Please post up
the PCN, bus lane PCNs are generally really easy to beat.
#Post#: 20562--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: Hippocrates
Date: April 25, 2024, 3:29 am
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Two PCNs? We need to see them as advised above.
#Post#: 20888--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: ivanleo
Date: April 28, 2024, 12:11 pm
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[member=1545]tlogic[/member] are you still with us?
#Post#: 20909--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: tlogic
Date: April 28, 2024, 4:35 pm
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Hi CP879,
Apologies, I'm still here :)
copy of pcn below.
I've already submitted an appeal which I am waiting to hear
back from.
Below is a copy of my appeal:
=======
I am appealing this PCN on the grounds that the contravention
did not occur.
I am fully aware of the restrictions on this bus lane, and
entered it immediately after 7pm, which is when the restriction
ends. I notice your one of your online still photographs of my
car in the bus lane/stop states the time of 18.59.23, some 37
seconds before 7pm.
Two devices in my car, my dashboard clock and my mobile phone on
a mount, both showed the time as 7pm, neither show the exact
second, so as far as I was concerned the time was 7pm. I would
not have entered the bus lane otherwise.
I would suggest that a contravention that occurs 37 seconds from
the end of the restriction is effectively de-minimis and for
that reason, no contravention occurred and the PCN should be
cancelled.
====
HTML https://i.imgur.com/Tm2GxNe.jpeg
HTML https://i.imgur.com/GTOrdlf.jpeg
#Post#: 21041--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: ivanleo
Date: April 29, 2024, 4:36 pm
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[member=1545]tlogic[/member] let us know when you get a reply.
This will likely have to be taken to the tribunal.
#Post#: 21043--------------------------------------------------
Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before
restrictions are lifted
DIR By: tlogic
Date: April 29, 2024, 4:40 pm
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--- Quote from: cp8759 link ---
>
> [member=1545]tlogic[/member] let us know when you get a reply.
This will likely have to be taken to the tribunal.
>
--- End Quote ---
thanks CP8759, I will keep this thread updated.
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