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#Post#: 31587--------------------------------------------------
Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Moaya
Date: July 29, 2024, 5:45 pm
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Hi Guys,
I received this PCN for being in a bus lane in Ealing. My
husband is the owner of the vehicle and I was driving the car. I
am not sure what happened that led me to being in the bus lane.
I was in the bus lane from the beginning of the image in street
view link up until the traffic light.
It was mentioned to me by my husband that I should get your
advice as bus lane PCNs in London are obtained by devices that
are not certified so the PCNs are potentially invalid. Can you
please advice further on whether you think I have any grounds
for appeal or just pay up. Thanks in advance.
Link to paperwork:
HTML https://imgur.com/a/hVRKdtJ
Street map link:
HTML https://maps.app.goo.gl/REVP23xGXwkKmcEv9?g_st=aw
I have requested the video footage and am awaiting this.
#Post#: 31599--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: fraser.mitchell
Date: July 30, 2024, 3:23 am
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This is an Ealing bus lane PCN, so you can only see the video
on-line. The video can be seen here: -
HTML https://viewmypcn.co.uk/Default.aspx
I just had a look, and you drive the full length of the bus lane
without any attempt to move out of it. GSV shows there is a bus
lane prior to the one you drove in: -
HTML https://maps.app.goo.gl/TjmoggN4g4QTogix7
This has no "End of bus lane" sign. You did not drive in the
first bus lane, so I am thinking that you saw the arrows on the
carriageway, and thought the bus lane had ended, but the Bus
Lane sign is clear enough that you passed.
So it seems the video record shows the contravention is made
out, but can this be used as evidence at the tribunal ? Well,
the camera certification and authorisation issue was once a hot
topic, and may still be. Our administrator can talk you through
this.
#Post#: 31604--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Hippocrates
Date: July 30, 2024, 5:02 am
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Ealing has a new certificate. But, it is always worth
challenging the PCN.
#Post#: 31611--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Moaya
Date: July 30, 2024, 6:28 am
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Thank you for your replies. If they have a new certificate, on
what grounds would I be appealing? And how likely would I be to
succeed?
Many thanks.
#Post#: 31616--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: fraser.mitchell
Date: July 30, 2024, 7:22 am
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The only one I can see is the break in the bus lane and the
carriageway arrows that mislead you into thinking the lane had
ended. Of course there is the very clear Bus Lane sign that you
passed, so success is by no means guaranteed, but submit anyway.
Maybe Hippocrates has a better argument.
#Post#: 31628--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Hippocrates
Date: July 30, 2024, 9:22 am
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Bit busy at the moment but will get back this evening.
#Post#: 31664--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Moaya
Date: July 30, 2024, 3:10 pm
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Thank you for all your help.
Today I think is the last day I can pay at the discounted price.
Do you think I should just pay or do you see a potential appeal
route.
Thanks.
#Post#: 31665--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Hippocrates
Date: July 30, 2024, 3:28 pm
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Dear Ealing Council
Ref: PCN VRM
I challenge as follows:
1. The contravention did not occur as the video does not show
any upright signage allegedly passed.
2. I put you to strict proof that the camera used to capture
the alleged contravention has full approval, and has an up to
date maintenance record. Unless you can provide the relevant
information....
Please cancel the PCN in light of the above.
Yours faithfully
Name (Reg. Keeper)
Address
#Post#: 33647--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: Moaya
Date: August 17, 2024, 11:29 am
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Hi guys,
Thank you for your help so far.
The council rejected our appeal. Please see the link below for
their reply.
HTML https://imgur.com/a/T4Ad9Ve
Please could you advise on next steps.
#Post#: 33655--------------------------------------------------
Re: Ealing Council - Bus lane PCN - 34J - The Mall Ealing
DIR By: fraser.mitchell
Date: August 17, 2024, 1:30 pm
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--- Quote from: Moaya link ---
>
> Hi guys,
> Thank you for your help so far.
> The council rejected our appeal. Please see the link below for
their reply.
>
HTML https://imgur.com/a/T4Ad9Ve
> Please could you advise on next steps.
>
--- End Quote ---
The second page of their letter of rejection seems to be total
tosh. They refer to serving a Notice to Owner, and the making of
formal reps. This is not a procedure under the Acts listed on
Page 1. The owner could wait for a Notice to Owner, but one
will never be served.
Or am I wrong ?
I am unfortunately not totally up-to-speed on these dreadful
London-specific Acts, which should have been withdrawn when the
Traffic Management Act 2004 came in. The only reason the London
councils like them is because they can charge double the penalty
in the rest of the UK.
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