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#Post#: 41527--------------------------------------------------
34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: handball
Date: October 19, 2024, 2:21 pm
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Hello,
I've ended up with with two PCN’s (on separate occasions) being
issued for the same route.
Only found out that this road has been turned in to a bus route
(after getting the PCN), my first time using this road in about
2 years. The 'bus gate' was opened in 21st May this year.
Notes:
The car was a lease car.
One of the PCN's has the name wrong.
PCN 1: LQ5384925A
HTML https://flic.kr/s/aHBqjBNE2t
PCN 1 Location:
HTML https://maps.app.goo.gl/W55AKkcugNikQuAN8
PCN 2: LQ53890650
HTML https://flic.kr/s/aHBqjBNDDh
PCN 2 Location:
HTML https://maps.app.goo.gl/Mpuxohh3JDbF2Yv98
Is it okay to have both PCNs (same location & ) here or should I
start a new one?
Any advise on challenging this would be appreciated.
#Post#: 41532--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: stamfordman
Date: October 19, 2024, 3:09 pm
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Here's the first one - seems a clear contravention but is the
approach clear in how to avoid. The Mini looks like it wants to
turn around.
Have the PCNs been reissued to you in your name. If not they are
not (yet) your PCNs.
HTML https://i.imgur.com/KGNoJG1.gif
#Post#: 41535--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: fraser.mitchell
Date: October 19, 2024, 5:52 pm
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Unfortunately GSV seems to be out-of-date and not showing the
relevant signs. So to give final advice we really need to see
what signs there are in advance of the actual bus lane/bus gate
signs that indicate where the motorist needs to go to avoid the
restriction. Any chance of you doing some legwork and posting
photos ? We're looking for advance signs of the restrictions.
#Post#: 41568--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: northwalian
Date: October 20, 2024, 11:16 am
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--- Quote from: stamfordman link ---
>
> The Mini looks like it wants to turn around.
>
> Have the PCNs been reissued to you in your name. If not they
are not (yet) your PCNs.
>
>
HTML https://i.imgur.com/KGNoJG1.gif
>
--- End Quote ---
Appears to be getting directions/information from the guy on the
bike
#Post#: 41570--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: handball
Date: October 20, 2024, 11:46 am
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PCNs both been sent to me. Looks like the hire company has spelt
my name wrong and also in different format.
1st PCN has incorrect spelling.
2nd PCN has initial then surname.
Will get some pictures of the route and post them all.
#Post#: 41596--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: Phantomcrusader
Date: October 20, 2024, 4:08 pm
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The postal PCN seems to be missing these statutory grounds of
appeal
1) there has been a procedural impropriety on the part of the
enforcement authority;
2) the order which is alleged to have been contravened in
relation to the vehicle concerned, except where it is an order
to which Part 6 of Schedule 9 to the RTRA 1984 applies, is
invalid;
3) the enforcement notice should not have been served because—
(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of
any discount set in accordance with Schedule 9 to the TMA 2004,
by the applicable date as specified in paragraph 1(3) of
Schedule 3 to the 2022 General Regulations.
Missing just 1 ground would make the postal PCN invalid and
require the penalty to be cancelled. When appealing, only point
out 1 or 2 missing grounds so that 1 or 2 grounds are kept for
another time. No point letting the council know the full extent
of their incompetence in one go when it can be exploited.
#Post#: 41613--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: fraser.mitchell
Date: October 20, 2024, 6:31 pm
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Here are the regulations. It seems Phantomcrusader is correct.
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
Regulation 5 contains the statutory grounds of appeal.
#Post#: 41771--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: handball
Date: October 21, 2024, 2:21 pm
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Thank you both. I will have a read of these and send off the
appeal, with only 1 point.
There are lots of people still going through the 'Bus Gate'.
It's made £1 million.
HTML https://www.bbc.co.uk/news/articles/c0kj1zrkp20o.amp
Also the sign comes just after the turn to avoid going through,
I missed it.
#Post#: 44110--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: handball
Date: November 5, 2024, 11:29 am
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Update:
I had a reply for both PCNs.
PCN:LQ53890650
This has been rescinded.
The reply was:
"Our records confirm that this is the 2nd penalty charge notice
issued to your vehicle for the same contravention within 6 days
and I acknowledge that you would not have received the first
Penalty Charge Notice LQ5384925A prior to this contravention
therefore as a goodwill gesture this Charge has been cancelled
with no further action required."
PCN:LQ5384925A
I have had a response and the representations have been
rejected.
Please can I request any further advice.
Thanks
#Post#: 44116--------------------------------------------------
Re: 34J - BEING IN A BUS LANE - LANCASHIRE
DIR By: stamfordman
Date: November 5, 2024, 12:22 pm
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Post the rejection but getting one cancelled is good news at
least.
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