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#Post#: 22566--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: guest17
Date: May 15, 2024, 8:56 am
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+1 to what Hippo has said.
Access across a bus lane is an exemption:-
5.1.1 the vehicle is in the bus lane only to such extent and for
so long as is necessary to enter or exit a side road or for it
to access or leave premises adjacent to the bus lane;
The core Order:-
HTML https://www.camden.gov.uk/documents/20142/4207157/BUS+LANE+CONSOLIDATION.pdf/66f10077-eaaf-f604-13fc-4c67b57aa374
Mike
#Post#: 22580--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: goonergaz
Date: May 15, 2024, 10:07 am
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--- Quote from: MMV Redux link ---
>
> +1 to what Hippo has said.
>
> Access across a bus lane is an exemption:-
>
> 5.1.1 the vehicle is in the bus lane only to such extent and
for so long as is necessary to enter or exit a side road or for
it to access or leave premises adjacent to the bus lane;
>
> The core Order:-
>
>
HTML https://www.camden.gov.uk/documents/20142/4207157/BUS+LANE+CONSOLIDATION.pdf/66f10077-eaaf-f604-13fc-4c67b57aa374
>
> Mike
>
--- End Quote ---
Yeah, I saw that - I just thought was it actually necessary (in
retrospect)
So should I add a point 4 stating the above?
I challenge the PCN as follows:
1. There is no adequate signage in place or, indeed, shown in
the video.
2. There is no exact location stated on the PCN.
3. I put you to strict proof that the camera used to capture the
alleged contravention is approved by the VCA. Unless you can do
so, the evidence is inadmissible at the Tribunal according to
para. 7(2) of Schedule I of the London Local Authorities act
1996 (as amended)
4. As per your exemption 5.1.1 I was in the "bus lane only to
such extent and for so long as is necessary to enter or exit a
side road"
In light of the above, the PCN must be cancelled.
#Post#: 22589--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: guest17
Date: May 15, 2024, 11:42 am
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OP--make it a bit easier for them:-
The core Order (The Camden (Bus Lanes) (Consolidation) Traffic
Order 2012)specifies an access exemption at Art 5.1.1. I was in
the "bus lane only to such extent and for so long as necessary
to enter or exit a side road" as demonstrated by your camera
evidence.
Mike
#Post#: 22605--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: Hippocrates
Date: May 15, 2024, 1:32 pm
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I have all the paperwork to do with this bus lane, the cameras
and the number of bus lanes actually on the said road.
MrMustard knows the lack of signage well. Fun time!
The Mrs should do the challenge. She can always authorise you at
this stage or any stage in the process.
Anyway, as I promise all my clients, if I lose a bus lane case,
I pay half. I got 5 out of 7 cancelled two weeks ago against
Lambeth and more to follow because the infamous council say
formal represenatations were not made in time! Costs application
filed today. 2240132030
#Post#: 22703--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: goonergaz
Date: May 16, 2024, 8:44 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> I have all the paperwork to do with this bus lane, the cameras
and the number of bus lanes actually on the said road.
MrMustard knows the lack of signage well. Fun time!
>
> The Mrs should do the challenge. She can always authorise you
at this stage or any stage in the process.
>
> Anyway, as I promise all my clients, if I lose a bus lane
case, I pay half. I got 5 out of 7 cancelled two weeks ago
against Lambeth and more to follow because the infamous council
say formal represenatations were not made in time! Costs
application filed today. 2240132030
>
--- End Quote ---
So I'm 100% clear, I challenge stating (my changes in bold);
Dear Camden
Ref: PCN VRM
As the owner of the registered vehicle, I was not driving at the
time in question. My husband was driving, and he will be
representing me from this point forward.
I challenge the PCN as follows:
1. There is no adequate signage in place or, indeed, shown in
the video.
2. There is no exact location stated on the PCN.
3. I put you to strict proof that the camera used to capture the
alleged contravention is approved by the VCA. Unless you can do
so, the evidence is inadmissible at the Tribunal according to
para. 7(2) of Schedule I of the London Local Authorities act
1996 (as amended)
4. The core Order (The Camden (Bus Lanes) (Consolidation)
Traffic Order 2012)specifies an access exemption at Art 5.1.1. I
was in the "bus lane only to such extent and for so long as
necessary to enter or exit a side road" as demonstrated by your
camera evidence.
In light of the above, the PCN must be cancelled.
Yours
My name not the wife's :)
Address
Thanks
#Post#: 22712--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: slapdash
Date: May 16, 2024, 9:44 am
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--- Quote from: goonergaz link ---
> Also, not sure I want to go to tribunal (again - 3 times for
the failed ULEZ tickets)
>
--- End Quote ---
Write a cheque then.
The problem is the more people do the bolder authorities get in
pushing trivial boundaries.
#Post#: 22748--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: Hippocrates
Date: May 16, 2024, 4:05 pm
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I have messaged the OP. Please give me your wife's number to
stop her nagging you about paying! I will not lose this case.
If I do, I will pay half. And then she can take me out for
dinner at McDonalds. Councils play upon such fear! ULEZ has
nowt to do with this!
I can't be bothered anymore with this thread if people do not
listen. The offer still stands.
cp8759, MrMustard and I are fondly described as "The Three
Musketeers" by one member of staff at the Tribunal. If you wish
for the guillotine, then pay. I would PM both of them if you do
not trust me.
I have just e mailed them.
#Post#: 22752--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: ivanleo
Date: May 16, 2024, 5:11 pm
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--- Quote from: goonergaz link ---
>
> Also, not sure I want to go to tribunal (again - 3 times for
the failed ULEZ tickets)
>
--- End Quote ---
[member=1746]goonergaz[/member] I suspect you represented
yourself for the ULEZ PCNs? Just under 50% of appeals are
allowed, but for motorists who a represented by one of us the
success rate is around 85 / 90%. For London bus lane cases, it's
basically been 100% since July 2021.
If you pay now you're literally throwing your money away for
nothing.
#Post#: 22769--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: mrmustard
Date: May 17, 2024, 1:58 am
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We can see from the images that the signs are missing. I took a
Mov 23 PCN to the tribunal for a skip lorry which used the short
bus lane to turn left and the council threw in the towel rather
than fight the case.
I go to the tribunal nearly every week. I won 5-0 yesterday.
Perfectly happy to be the representative (no charge, only a
charity donation).
#Post#: 22777--------------------------------------------------
Re: Camden PCN for using bus lane - can I appeal?
DIR By: Hippocrates
Date: May 17, 2024, 3:25 am
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There you go: two Musketeers have now offered to represent!
Meanwhile, just put in the challenge as advised above.
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