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#Post#: 9177--------------------------------------------------
Re: WalthamForest, 34 - Being in a Bus Lane, High Road Leyton
(Bus Lane) E10
DIR By: ivanleo
Date: November 4, 2023, 11:27 am
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--- Quote from: S.M link ---
>
> Hope they do accept this and not make it difficult.
>
--- End Quote ---
To set your expectations, I would fully expect Waltham Forest to
reject everything and push this one to the tribunal. They're
just difficult.
#Post#: 9538--------------------------------------------------
Re: WalthamForest, 34 - Being in a Bus Lane, High Road Leyton
(Bus Lane) E10
DIR By: S.M
Date: November 8, 2023, 4:32 am
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--- Quote from: cp8759 link ---
>
> [quote author=S.M link=topic=817.msg9064#msg9064
date=1698965744]
> Hope they do accept this and not make it difficult.
>
--- End Quote ---
To set your expectations, I would fully expect Waltham Forest to
reject everything and push this one to the tribunal. They're
just difficult.
[/quote]
You were absolutely 100% right, they rejected it despite me
sending both pictures that I took and the one from Google Maps.
They haven`t sent the notice to owner as of yet, I only found
this out by calling them.
#Post#: 9539--------------------------------------------------
Re: WalthamForest, 34 - Being in a Bus Lane, High Road Leyton
(Bus Lane) E10
DIR By: John U.K.
Date: November 8, 2023, 4:36 am
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Please to post up the rejection.
#Post#: 9541--------------------------------------------------
How can they get away with it?
DIR By: S.M
Date: November 8, 2023, 4:42 am
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I received a PCN for driving in the bus lane despite no signs
being present. We all know it is not enforceable and despite my
representation with pictures Walthamforest decided to reject the
appeal.
My question now is, when I go to the tribunal and I win my case
1- Is there a mechanism in place which allows someone to force
Walthamforest to cancel all similar PCNs? (Given that the sign
is not adequate and hasn`t been for ages )
2- How can we raise a complaint regarding the person who is
rejecting those appeals?
Apologies If I sound like I`m ranting.
#Post#: 9545--------------------------------------------------
Re: How can they get away with it?
DIR By: DWMB2
Date: November 8, 2023, 4:59 am
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Does this relate to your ongoing thread in the Council Forum -
WalthamForest, 34 - Being in a Bus Lane, High Road Leyton (Bus
Lane) E10
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/walthamforest-34-being-in-a-bus-lane-high-road-leyton-(bus-lane)-e10/?
If so, any reason you've started a new Flame Pit thread about
it, rather than continuing to seek advice on your active case
thread?
#Post#: 9554--------------------------------------------------
Re: How can they get away with it?
DIR By: 666
Date: November 8, 2023, 6:13 am
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OP, you seem to have been aware that the sign had been there
"for years". Doesn't that suggest that the prohibition was
"adequately conveyed"? ;)
#Post#: 9557--------------------------------------------------
Re: WalthamForest, 34 - Being in a Bus Lane, High Road Leyton
(Bus Lane) E10
DIR By: DancingDad
Date: November 8, 2023, 6:26 am
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--- Quote from: John U.K. link ---
>
> Please to post up the rejection.
>
--- End Quote ---
And the video
#Post#: 9559--------------------------------------------------
Re: How can they get away with it?
DIR By: DancingDad
Date: November 8, 2023, 6:44 am
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These specific questions may be better not cluttering the PCN
thread.
Whether or not a sign is adequate is a subjective choice.
Facing the wrong way would point to it being inadequate but it
is one of a series of signs along a relatively long stretch of
clearly marked bus lane (Big white line and red tarmac)
Coupled with that this doesn't seem to be a case of driving into
the bus lane but parking in it?
And parking alongside the sign though without the video we
cannot be sure.
May also have been parked alongside a waiting restriction sign
as the bus lane coexists with parking bays (complimentary
times).
Taking that lot into consideration, I would not be surprised if
an adjudicator decided the signage was poor but adequate and
that the driver simply failed to check signage when they parked.
Differing matter if someone was to drive past the sign, into the
bus lane and then thought oops and pulled out again, especially
as it is a timed bus lane and markings have only just restarted
after the crossing.
One should never think that one sign being wrong is a get out of
jail card.
It all comes down to the full picture and the nasty term that is
often used, substantially compliant.
Not that WF seem too bothered about signs being maintained as a
scoot down the dates that the google car passed shows.
That is in favour.
Complaint.... raise one against the council using their formal
complaints procedure.
But they may simply say that as it is a live PCN they cannot
comment.
Better to wait for the outcome and then, if in your favour,
raise the complaint.
#Post#: 9601--------------------------------------------------
Re: How can they get away with it?
DIR By: S.M
Date: November 8, 2023, 11:41 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> Does this relate to your ongoing thread in the Council Forum -
WalthamForest, 34 - Being in a Bus Lane, High Road Leyton (Bus
Lane) E10
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/walthamforest-34-being-in-a-bus-lane-high-road-leyton-(bus-lane)-e10/?
>
> If so, any reason you've started a new Flame Pit thread about
it, rather than continuing to seek advice on your active case
thread?
>
--- End Quote ---
I`m not seeking advice in relation to that PCN but this is more
of a general request.
#Post#: 9602--------------------------------------------------
Re: How can they get away with it?
DIR By: S.M
Date: November 8, 2023, 11:52 am
---------------------------------------------------------
--- Quote from: DancingDad link ---
>
> These specific questions may be better not cluttering the PCN
thread.
>
> Whether or not a sign is adequate is a subjective choice.
> Facing the wrong way would point to it being inadequate but it
is one of a series of signs along a relatively long stretch of
clearly marked bus lane (Big white line and red tarmac)
> Coupled with that this doesn't seem to be a case of driving
into the bus lane but parking in it?
> And parking alongside the sign though without the video we
cannot be sure.
> May also have been parked alongside a waiting restriction sign
as the bus lane coexists with parking bays (complimentary
times).
>
> Taking that lot into consideration, I would not be surprised
if an adjudicator decided the signage was poor but adequate and
that the driver simply failed to check signage when they parked.
>
> Differing matter if someone was to drive past the sign, into
the bus lane and then thought oops and pulled out again,
especially as it is a timed bus lane and markings have only just
restarted after the crossing.
>
> One should never think that one sign being wrong is a get out
of jail card.
> It all comes down to the full picture and the nasty term that
is often used, substantially compliant.
>
> Not that WF seem too bothered about signs being maintained as
a scoot down the dates that the google car passed shows.
> That is in favour.
>
> Complaint.... raise one against the council using their formal
complaints procedure.
> But they may simply say that as it is a live PCN they cannot
comment.
> Better to wait for the outcome and then, if in your favour,
raise the complaint.
>
--- End Quote ---
In my case, there`s a pedestrian crossing before the bus lane,
so you have "free" lane before and after that crossing.
It`s not a big long stretch of bus lane where one sign is not
adequate.
So going back to my Original question, how can they get away
with it where say if an adjudicator was to mention
that the PCN was totally wrong.
Once the appeal is done, i will raise this to WF and my Local
MP.
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