DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 6225--------------------------------------------------
34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: swatches
Date: September 27, 2023, 9:51 am
---------------------------------------------------------
Another Merton 34J, similar to the other active one (sorry!).
Pepipoo
HTML http://forums.pepipoo.com/index.php?showtopic=151548
Council: London Borough of Merton
Contravention: Being in a bus lane
Location: Hartfield Road (between Hebert Rd & Graham Rd)
I've attached all the evidence that is available for this PCN.
HTML https://i.imgur.com/qfRVIQb.jpeg
The lower code on the PCN is weirdly printed.
My car is the black Honda.
My destination is Graham Road.
I am aware that it is a left turn so am conscious that I will
need to be in the left lane to make this turn.
The first image shows me outside the beginning of the bus lane.
The road markings are worn away and the edge line of the bus
lane is not well defined until the written wording.
There is a grey car in front which I am following that impedes
my view of the BUS LANE wording on the tarmac. The next signage
is after the BUS LANE wording.
Once the grey car clears the BUS LANE signage I clearly move to
the right hand lane to avoid being in a bus lane.
Once the clear demarcation occurs I am outside the lane.
I do not impede the flow of traffic in the bus lane and I only
have two wheels are in the bus lane for approximately 2 car
lengths.
Video show the situation best...
HTML https://i.imgur.com/ScNtsZq.mp4
HTML https://i.imgur.com/ScNtsZq.mp4
Is is worth appealing on these grounds?
HTML https://i.imgur.com/sMmvuZL.jpg
HTML https://i.imgur.com/ueaQzDV.jpg
HTML https://i.imgur.com/GHSzxuU.jpg
#Post#: 6243--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: fraser.mitchell
Date: September 27, 2023, 12:52 pm
---------------------------------------------------------
Looking at the video, I have to say what money-grubbing villains
they are. This is the most trivial of trivial offences, and you
would do well to take them to London Tribunals on a de minimis
basis.
#Post#: 6254--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: GRYOUT
Date: September 27, 2023, 4:42 pm
---------------------------------------------------------
This is the road leading up to where I got my contravention
notice too.
It's infuriating how unmarked and invisible these lanes are.
Honestly can't believe they have a leg to stand on considering
just how badly the markings have worn. Surely this can't be
legal... surely.
The markings are like this around the entire one way system, and
there's half a dozen bus lanes that stop and start after
numerous side roads.
Makes my blood boil.
#Post#: 6295--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: guest17
Date: September 28, 2023, 10:19 am
---------------------------------------------------------
I woud agree both points by members---clearly a de minimis
infracton and the contravention is not made out because the
thick white line is so degraded that the signage is totally
inadequate.
Mike
#Post#: 6297--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: Hippocrates
Date: September 28, 2023, 11:17 am
---------------------------------------------------------
I will take a look this weekend. Then I will suggest a draft
tweak of your own.
#Post#: 6576--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: swatches
Date: October 3, 2023, 2:41 am
---------------------------------------------------------
I need to updated the driver for this PCN, but one minor thing I
noticed on is that the capitalisation of the addressee's name is
incorrect. It is Jane Smith-jones rather than Jane Smith-Jones.
#Post#: 6600--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: ivanleo
Date: October 3, 2023, 6:57 am
---------------------------------------------------------
--- Quote from: swatches link ---
>
> It is Jane Smith-jones rather than Jane Smith-Jones.
>
--- End Quote ---
That is irrelevant.
#Post#: 6664--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: swatches
Date: October 4, 2023, 3:06 am
---------------------------------------------------------
I didn't realise PCN were the responsibility of the registered
keeper.
So the registered keeper has to appeal on behalf of the driver?
Should the appeal be written in first or third person?
#Post#: 6669--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: fraser.mitchell
Date: October 4, 2023, 3:43 am
---------------------------------------------------------
It doesn't really matter, so write what suits you best. The key
points to get across are the worn-out road markings. These
mislead you into starting to enter the bus lane which you then
realised, and immediately drove back onto the traffic lane.
Therefore it was a very trivial incursion into the bus lane,
#Post#: 6774--------------------------------------------------
Re: 34J - Being in Bus Lane (Hartfield Road, Merton, SW19)
DIR By: ivanleo
Date: October 5, 2023, 1:37 pm
---------------------------------------------------------
--- Quote from: swatches link ---
>
> I didn't realise PCN were the responsibility of the registered
keeper.
> So the registered keeper has to appeal on behalf of the
driver?
> Should the appeal be written in first or third person?
>
--- End Quote ---
The appeal is on behalf of the RK, because the registered keeper
is legally liable (i.e. it's the keeper's property that could
ultimately be seized by the bailiffs).
If the RK wasn't the driver, the obvious options are:
1) The RK writes in the third person: I am appealing this PCN
because although I wasn't driving, the driver tells me that he
saw this and did that...
2) The RK write a letter of authority allowing the driver to
make representations on their behalf, then the driver write an
appeal in the first person.
It doesn't really matter which approach you take, but if you're
the RK you want to be sure that representations are actually
made so the one thing you don't want to do is give the driver a
letter of authority and then forget about it.
*****************************************************
Page 1 of 2
DIR Next Page