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#Post#: 58052--------------------------------------------------
34J being in a bus lane - longbridge road (barking) PCN
DIR By: D23
Date: February 14, 2025, 3:24 am
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Hello all,
I normally used to post on pepipoo but have found this to be the
new forum.
I received a PCN that I don’t believe is fair (though, let’s be
honest, they never are when you’re the one getting the ticket!
😆). I was hoping someone could take a look and maybe
suggest grounds for an appeal.
The only reason I entered the bus lane was to make a left-hand
turn. I’ve been using this route for the past two years, always
following the same approach, and I’ve never received a ticket
before.
Looking at the images, the PCN shows that I entered the bus lane
at 07:24:34.083, and by 07:24:35.583—barely a second later—I had
already reached the “End of Bus Lane” sign. It doesn’t make
sense to drive past the sign and then immediately turn right, as
the turn is practically on top of it.
Do you think there’s a chance of winning an appeal based on the
fact that the right turn is directly at the end of the bus lane?
Here's a link with all the images and videos:
HTML https://imgur.com/a/4L1EqIw
Thanks for taking the time to read.
[attachment deleted by admin]
#Post#: 58053--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: stamfordman
Date: February 14, 2025, 4:02 am
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--- Quote from: D23 link ---
>
> It doesn’t make sense to drive past the sign and then
immediately turn right, as the turn is practically on top of it.
>
--- End Quote ---
The video though shows a clear contravention way beyond
triviality, and undercutting traffic. So it makes sense not to
get PCNs - it may be that this time you cut in before you'd been
doing out of reach of the camera.
But there may be procedural issues with the PCN and camera.
HTML https://i.imgur.com/ZgGp3cC.gif
#Post#: 58055--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: Hippocrates
Date: February 14, 2025, 4:11 am
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Well, as usual, I always start with the simple fact that they
have to prove the alleged contravention. I see no upright signs
passed in their evidence. Plus the last case I won against them
they did not attend (fatal) and they provided the wrong
certificate. So, I will draft something later for you. Be
prepared for the long game. Please do not admit to anything:
they must prove their case.
Case Details
Case reference 2240492648
Appellant Ambereen Mujtaba
Authority London Borough of Barking and Dagenham
VRM EK70VGP
PCN Details
PCN BZ80924907
Contravention date 23 Aug 2024
Contravention time 17:48:00
Contravention location Ripple Road
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date -
Decision Date 10 Dec 2024
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Mr Phillip Morgan has attended the hearing today as the
authorised representative of the appellant.
This PCN was issued for the alleged contravention of being in a
bus lane.
Approval from the Secretary of State for the type of prescribed
device used for this bus lane enforcement is a requirement under
paragraph 7(2) of Schedule 1 to the London Local Authorities Act
1996 (the 1996 Act) in order for the camera evidence to be
admissible in these appeal proceedings.
The Council submits a case summary with their evidence for the
appeal. That evidence includes a Certificate relied upon by the
Council as evidence of type approval of the prescribed device.
The Certificate is an unsigned document on blank paper dated 29
March 2022. The document is headed in bold type and capital
letters TRANSPORT ACT 2000 and underneath CERTIFICATION OF
“APPROVED DEVICES” UNDER ARTICLE 2(b) OF THE BUS LANES (APPROVED
DEVICES) (ENGLAND) ORDER 2005.
I considered the same type approval evidence in appeal no.
2220486482 [Mr Davy Georges Duthieuw v London Borough of
Ealing]. My decision in that appeal was that the Certificate was
not a valid approval of the device for the purposes of the 1996
Act. I refer to the relevant parts of that decision at
paragraphs 42-61.
On the evidence before me, there is no valid approval of the
device for the purposes of the 1996 Act. It follows that there
is no admissible evidence of the appellant's vehicle being in a
bus lane and the appeal is allowed.
Please sign my petition.
#Post#: 58058--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: D23
Date: February 14, 2025, 4:35 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Well, as usual, I always start with the simple fact that they
have to prove the alleged contravention. I see no upright signs
passed in their evidence. Plus the last case I won against them
they did not attend (fatal) and they provided the wrong
certificate. So, I will draft something later for you. Be
prepared for the long game. Please do not admit to anything:
they must prove their case.
>
> Case Details
> Case reference 2240492648
> Appellant Ambereen Mujtaba
> Authority London Borough of Barking and Dagenham
> VRM EK70VGP
> PCN Details
> PCN BZ80924907
> Contravention date 23 Aug 2024
> Contravention time 17:48:00
> Contravention location Ripple Road
> Penalty amount GBP 130.00
> Contravention Being in a bus lane
> Referral date -
> Decision Date 10 Dec 2024
> Adjudicator Sean Stanton-Dunne
> Appeal decision Appeal allowed
> Direction
> cancel the Penalty Charge Notice and the Notice to Owner.
>
> Reasons
> Mr Phillip Morgan has attended the hearing today as the
authorised representative of the appellant.
>
> This PCN was issued for the alleged contravention of being in
a bus lane.
>
> Approval from the Secretary of State for the type of
prescribed device used for this bus lane enforcement is a
requirement under paragraph 7(2) of Schedule 1 to the London
Local Authorities Act 1996 (the 1996 Act) in order for the
camera evidence to be admissible in these appeal proceedings.
>
> The Council submits a case summary with their evidence for the
appeal. That evidence includes a Certificate relied upon by the
Council as evidence of type approval of the prescribed device.
The Certificate is an unsigned document on blank paper dated 29
March 2022. The document is headed in bold type and capital
letters TRANSPORT ACT 2000 and underneath CERTIFICATION OF
“APPROVED DEVICES” UNDER ARTICLE 2(b) OF THE BUS LANES (APPROVED
DEVICES) (ENGLAND) ORDER 2005.
>
> I considered the same type approval evidence in appeal no.
2220486482 [Mr Davy Georges Duthieuw v London Borough of
Ealing]. My decision in that appeal was that the Certificate was
not a valid approval of the device for the purposes of the 1996
Act. I refer to the relevant parts of that decision at
paragraphs 42-61.
>
> On the evidence before me, there is no valid approval of the
device for the purposes of the 1996 Act. It follows that there
is no admissible evidence of the appellant's vehicle being in a
bus lane and the appeal is allowed.
>
> Please sign my petition.
>
--- End Quote ---
thanks for the reply I don't mind the long game I will await
your reply. I have not replied to them as of yet I will await
instructions.
#Post#: 58068--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: Hippocrates
Date: February 14, 2025, 5:20 am
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This one too:
HTML https://drive.google.com/file/d/1OiTG6O0EUDCINiK3EgP5TrWUemzrPA96/view
I cannot find the PCN.
#Post#: 59642--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: D23
Date: February 25, 2025, 9:33 am
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Hi there was wondering if you had a chance to tell me on what
steps to take next as I think i have gone over the 14 days
period charge. ??
#Post#: 59648--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: John U.K.
Date: February 25, 2025, 10:20 am
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--- Quote from: D23 link ---
>
> Hi there was wondering if you had a chance to tell me on what
steps to take next as I think i have gone over the 14 days
period charge. ??
>
--- End Quote ---
Please post all sides of the PCN, only redacting yr name &
address.
Then we may know if you have passed the discount stage.
#Post#: 59807--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: Hippocrates
Date: February 26, 2025, 2:49 pm
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As now requested twice: please the PCN and VRM details. Forget
the 14 days matter as they do not even have to consider in this
eccentric legislation.
#Post#: 59838--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: D23
Date: February 27, 2025, 3:12 am
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Please see attachment of the letter
I could argue I just received it as letters doesn't always get
posted on time
please advise
[attachment deleted by admin]
#Post#: 59854--------------------------------------------------
Re: 34J being in a bus lane - longbridge road (barking) PCN
DIR By: Hippocrates
Date: February 27, 2025, 5:23 am
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I make this initial submission against the PCN as follows:
1. The PCN does not state the exact locus of the alleged
contravention.
2. The video evidence shows no relevant warning signage
allegedly passed by the vehicle concerned.
Therefore, in view of the above, please cancel the PCN as you
have not proved the alleged contravention.
Yours faithfully
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