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#Post#: 5535--------------------------------------------------
Bus lane or bus gate pcn
DIR By: sparky26
Date: September 20, 2023, 8:53 am
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Got caught twice by this camera. Did notice that the PCN says a
bus lane but the video shows it as a bus gate. don't know if it
makes a difference.
Can anybody see anything worth appealing or shall I just pay at
the discount price.
Please find below video footage and the PCN for one of the
contraventions.
HTML https://buslanepayments.essex.gov.uk/GetVideo.aspx?00010259YATor76EBLW59mAzPLTC2GtL6tSIXqU%2fyP1MbHjgRSdbW0AoHyuPyxl62N7wVdODo2ePzAYkxxexuy0YGAEw%3d%3d.mp4
HTML https://drive.google.com/drive/folders/1idV1KqkCv6XGNyOxit_Ig2oL6dQA5Vgx?usp=drive_link
origanal pepipoo thread here
HTML http://forums.pepipoo.com/index.php?showtopic=151454
Hope it all works.
Thanks
#Post#: 5544--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: fraser.mitchell
Date: September 20, 2023, 11:33 am
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As I said on Pepipoo, the PCN does not contain all the statutory
grounds for an appeal, so is void.
#Post#: 5547--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: sparky26
Date: September 20, 2023, 11:42 am
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Hi thanks for the info could you please help me with what to
write. Many thanks
#Post#: 5549--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: fraser.mitchell
Date: September 20, 2023, 11:59 am
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HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/2
#Post#: 5551--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: sparky26
Date: September 20, 2023, 12:33 pm
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Wow that alot to take in.
If being honest I'm a little lost with it all.
The TRO for Hythe says the following.
No person shall cause or permit any vehicle.
To enter proceed or wait in the bus lanes specified in section 1
to this order between 8am and 6pm Monday to Saturdays inclusive.
As both PCN were issued out of these times, is this another
factor we could use.
#Post#: 5556--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: fraser.mitchell
Date: September 20, 2023, 2:17 pm
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There may be an update to that TRO, but no harm in including
what it says, but the failure to include all the statutory
conditions for an appeal is a procedural impropriety, and thus
makes the PCN void.
If the regulations say something must be done, then if it isn't
done, a penalty cannot be collected. This is a judgment of the
High Court and binding on them. Basically they've been caught
out by the May 2022 change in the Act governing bus lane
enforcement, and have failed to read the regulations.
However, don't expect them to cancel, because they want your
money, so will ruthlessly game the system by refusing your reps
and forcing you to take the gamble of going to adjudication. At
this point, most people fold and cough-up; is this you ?
Hopefully, others here will agree with what I have said; this
should be a slam-dunk win.
#Post#: 5563--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: sparky26
Date: September 20, 2023, 3:14 pm
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Hi thanks for the time you have spent replying.
The trouble is I have 2 of these on different days. So it's alot
of money and a gamble. So would want to be sure,that going all
the way would win. If its law and they must do it is it still
possible for the adjudicator to not agree?
#Post#: 5728--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: ivanleo
Date: September 21, 2023, 5:41 pm
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No case is 100% guaranteed, but I'd expect to win a case like
this 9 times out of 10.
You can use this draft:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bus-lane-pcn-chelmsford/msg2476/#msg2476
#Post#: 5861--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: sparky26
Date: September 23, 2023, 5:07 am
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Thanks for this will update here when I have a reply. Many
thanks
#Post#: 6091--------------------------------------------------
Re: Bus lane or bus gate pcn
DIR By: sparky26
Date: September 26, 2023, 6:24 am
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Hi this morning i received the expected Notice of Rejection of
Representation, for both PCN. Ive uploaded 1 to the google
folder in the first post. Also on both rejection letters on the
2nd page it mentions a completely different reg number the same
wrong reg number is on both rejection letters .
Also this morning i received a 3rd pcn for the same place
(hopefully no more). I would of thought i just appeal the 3rd
one the same as the others and wait for the Rejection letter to
come.
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