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#Post#: 58558--------------------------------------------------
Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: imnotpaying
Date: February 17, 2025, 9:22 am
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Hi
I received this PCN via post last week. I am not aware of this
occurrence. According to the video evidence, it shows my car
moving from the the main lane into the Bus Lane just a few
metres before the 'End of Bus Lane' sign. However, the Video
Evidence does not show the Bus Lane Enforcement Signs nor does
the PCN specify where exactly did this alleged contravention
occurred. High Road Chadwell Heath is a long main road,
stretching across atleast 4 bus stops.
[attachimg=2]
[attachimg=3]
[attachimg=1]
Can somebody please review this PCN and confirm whether it is
valid and if it can be challenged?
[attachimg=3]
[attachment deleted by admin]
#Post#: 58573--------------------------------------------------
Re: Bus Lane PCN - what to do next
DIR By: Enceladus
Date: February 17, 2025, 10:08 am
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Please read the READ THIS FIRST - **BEFORE POSTING YOUR CASE!**
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>sticky post at the top of this forum.
For the best chance of meaningful advice it is only necessary to
redact your name & address where present. Please leave
everything else visible, in particular the PCN reference number
and the vehicle's registration number.
Please correct and repost your postal PCN.
#Post#: 58588--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: imnotpaying
Date: February 17, 2025, 10:41 am
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Please find the PCN Below:
[attachimg=1]
[attachimg=2]
[attachimg=3]
[attachimg=4]
[attachment deleted by admin]
#Post#: 58646--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: Hippocrates
Date: February 17, 2025, 3:55 pm
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I have not lost a bus lane case in the last 4 years but I do
need your PCN and VRM details so I can access the video.
#Post#: 58661--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: imnotpaying
Date: February 17, 2025, 4:54 pm
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n/a
#Post#: 58666--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: imnotpaying
Date: February 17, 2025, 5:26 pm
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--- Quote from: Hippocrates link ---
>
> I have not lost a bus lane case in the last 4 years but I do
need your PCN and VRM details so I can access the video.
>
--- End Quote ---
Thanks.
VRN: GN13LNR
PCN: BZ8146410A
#Post#: 58688--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: Hippocrates
Date: February 18, 2025, 4:52 am
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Ref: PCN VRM
I challenge as follows:
1. The video does not show any upright signs allegedly passed.
2. The locus as stated on the PCN is inexact.
In light of the above, please cancel.
******
BTW, their website is none too famous either. The last case won
they sent the wrong certificate and did not bother to attend. I
gave them more than ample notice. Please sign my petition which
deals with this issue.
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
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.
#Post#: 58834--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: imnotpaying
Date: February 19, 2025, 4:17 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Ref: PCN VRM
>
> I challenge as follows:
>
> 1. The video does not show any upright signs allegedly passed.
>
> 2. The locus as stated on the PCN is inexact.
>
> In light of the above, please cancel.
>
> ******
>
> BTW, their website is none too famous either. The last case
won they sent the wrong certificate and did not bother to
attend. I gave them more than ample notice. Please sign my
petition which deals with this issue.
>
> ETA Register of Appeals
> Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
> 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.
>
--- End Quote ---
Thank you for this.
So, basically, Im challenging the PCN based on the fact that
there is no visible sign being contravened and on the fact that
they do not specify the exact location along High Road Chadwell
Heath?
How easy of a win is this?
#Post#: 58838--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: Hippocrates
Date: February 19, 2025, 5:10 am
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How easy? I am not a seer. We just fight it and see. I like the
username.
Please just send the draft and wait.
#Post#: 59127--------------------------------------------------
Re: Barking&Dagenham, 34J Being in a Bus Lane, High Road
Chadwell Heath
DIR By: imnotpaying
Date: February 20, 2025, 5:53 pm
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--- Quote from: Hippocrates link ---
>
> How easy? I am not a seer. We just fight it and see. I like
the username.
>
> Please just send the draft and wait.
>
--- End Quote ---
Thanks, I've sent my challenge using your draft. Lets wait and
see.
Don't we all hate paying fines :p
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