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#Post#: 98689--------------------------------------------------
PCN Havering driving in a bus lane South St Rm1 Eastern Rd RM1
DIR By: pcnhaver
Date: November 18, 2025, 1:45 pm
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Hello.
I should have read the 'read this first' before I appealed
against my PCN.
I received a PCN at the beginning of August.
Contravention occured 22/07/2025 - 'your vehicle was observed in
South St RM1 / Eastern Rd RM1 at 17.46 hours for failing to
comply with a prohibition on certain types of vehicles (buses
and cycles only)
I read bits of information on here and thought I could appeal
myself without wasting anyone's time.
But I did shoot myself in the foot by thinking I could deal with
it myself.
Received a notice of rejection of formal representations dated
23/10/2025.
Is it worth taking to a tribunal? I genuinely believe there was
no signage as I'm hyper vigilant about getting fines.
This new letter states 'I have carefully considered the
mitigating circumstances described in your representation, but
do not consider they justify the cancellation of the correctly
issued Penalty Charge Notice. The signage does not have to be
shown in the footage for the PCN to be valid'.
I've only just remembered that it said I have to appeal of pay
within 28 days. Which would be by the 19th November 2025.
I would appreciate any help please.
Pictures and video -
HTML https://imgpile.com/p/koonqml#GMHOZwT
HTML https://imgpile.com/p/koonqml#cwMCvQe
HTML https://imgpile.com/p/koonqml#g2JA3hg
HTML https://imgpile.com/p/koonqml#o3L3c6M
video
Initial PCN received:
HTML https://imgpile.com/m/C1E5sOO
and
HTML https://imgpile.com/m/lT1Ktyy
#Post#: 98691--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: stamfordman
Date: November 18, 2025, 2:02 pm
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You need to post the materials.
This location I think has successful appeals on grounds such as
the below - where were you going?
--------------
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
Reasons
They were notified that the hearing would take place today at
8:45am by correspondence dated 8 July 2025.
I considered adjourning the appeal but decided that it was not
in the interests of justice to delay the hearing of this appeal
further.
The Authority's case is that the Appellant's vehicle failed to
comply with a prohibition on certain types of vehicle (motor
vehicles) when in South Street / Eastern Road on 7 February 2025
at 13:12.
The Appellant's case at the representation stage was that the
signage was inadequate. In their Notice of Appeal they argue
that the delay of a response to their representations was
unconscionably long to allow for enforcement of this PCN.
I have allowed this appeal for the following reasons:
First, I find that the Authority has failed to prove the signage
in this case to the requisite standard.
Second. the CCTV footage does not show the vehicle passing any
regulatory signage (or even the back of any signage) and, whilst
not fatal to proving a contravention, it does not allow the
Adjudicator to see the positioning of the signage on the day in
question if a motorist queries it.
Third, I am not prepared to rely on library photographs, which
are dated 11 August 2024, I find their evidential value to be
too weak.
Fourth, I find that the library photographic stills show little
resemblance to the location as seen in the CCTV footage.
Fifth, there is no statutory time limit in relation to a Notice
of Rejection in relation to moving traffic case (parking
contraventions have a time limit of 56 day). However, an
Authority is still required to act with due diligence and in a
timely manner.
Sixth, the PCN in this case was in relation to a contravention
on 7 February 2025. The PCN was issued on 21 February 2025 and
representations were received by the Authority from the
Appellant on the 4 March 2025. The Notice of Rejection is dated
2 July 2024.
I find that the time taken to deal with this case is not
justified and is excessive. Previous cases have found that
delays in excess of 3 months without a sufficient explanation to
be unacceptable.
Accordingly, I find that the excessive delay, without a full
explanation and comprehensive account of systems put in place to
show the Authority acted with due diligence, renders this
Penalty Charge Notice unenforceable.
I find, as a fact, that the Authority failed to act with due
diligence and in a timely manner in this particular case.
The key case of Paul Richard Davis - v - The Royal Borough of
Kensington & Chelsea (case number 1970182813) where this matter
was dealt with comprehensively by the Adjudicator Mr G
Hickinbottom (as he then was), is good case law for the
requirement of an Authority to act with due diligence.
The appeal is allowed.
#Post#: 98696--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: pcnhaver
Date: November 18, 2025, 2:28 pm
---------------------------------------------------------
Thank you stamfordman.
I was going towards Queens hospital. I'm not from the area but
the video would show me driving. As I said I'm hyper vigilant
about bus lanes and traffic signs in general so I'm certain I
didn't see anything which is why I appealed it initially knowing
that Havering would increase it to £160.
#Post#: 98697--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: stamfordman
Date: November 18, 2025, 2:33 pm
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I take it Havering hasn't reoffered the discount in which case
just register the appeal at London Tribunals right now - don't
wait. Nothing to lose. You can upload materials later.
#Post#: 98698--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: pcnhaver
Date: November 18, 2025, 2:41 pm
---------------------------------------------------------
Thanks stamfordman. No, they haven't offered the discount.
Havering's policy is not to.
I've added the pictures and video to my initial post.
Many thanks for replying.
#Post#: 98699--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: pcnhaver
Date: November 18, 2025, 2:55 pm
---------------------------------------------------------
Thanks stamfordman for the case info - I've just looked at the
pictures from that pcn and that was my exact location too!
#Post#: 98711--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: fraser.mitchell
Date: November 18, 2025, 4:17 pm
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The actual signs are here, at the junction of South Street with
Victoria Road 81 metres away: -
HTML https://maps.app.goo.gl/zy5HHHxUHZftamWw5
Note that the signs on GSV allow access.
#Post#: 98712--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: pcnhaver
Date: November 18, 2025, 4:45 pm
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(deleted my comment as I had confused myself)
#Post#: 98713--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: pcnhaver
Date: November 18, 2025, 4:48 pm
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Thanks incandescent. Is it supposed to be a certain number of
metres away. I apologise for asking a daft question? Is it
helpful for me?
#Post#: 98715--------------------------------------------------
Re: PCN Havering driving in a bus lane South St Rm1 Eastern Rd
RM1
DIR By: fraser.mitchell
Date: November 18, 2025, 5:02 pm
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--- Quote from: pcnhaver link ---
>
> Thanks incandescent. Is it supposed to be a certain number of
metres away. I apologise for asking a daft question? Is it
helpful for me?
>
--- End Quote ---
Yes, because the location on your PCN is not the location where
the restriction is announced to motorists by the signs. They are
just too mean to move the camera !
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