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#Post#: 9921--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: November 12, 2023, 8:42 am
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--- Quote from: Phantomcrusader link ---
>
> Yes definitely give it a go if the discount is re-offered if
rejected. I suggest also including this paragraph.
>
> Furthermore, it has come to my attention that the enforcement
of the bus gate by CCTV only commenced this year and the
statutory guidance for local authorities outside London on civil
enforcement of bus lane and moving traffic contraventions
advises that a warning notice should be issued where a person
contravenes the restriction for the first time. This was my
first time and so only a warning notice should have been issued
in accordance with the statutory guidance.
>
--- End Quote ---
Just wanna make sure as i have recieved 2 pcns on the same date
like 48 minutes apart so will this still be okay to put in.
Thanks
#Post#: 9932--------------------------------------------------
Re: Sheffield bus gate
DIR By: Phantomcrusader
Date: November 12, 2023, 10:46 am
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This is what you should submit
--- Quote ---
> I am accused of being in a bus lane but none of the signage
used is in accordance with bus lane signing as determined by the
Department for Transport’s Traffic Signs Manual Chapter 3. The
signage used is a variant of diagram 953 from Schedule 3 of the
TSRGD 2016. The TMA 2004 prescribes under Schedule 7 Part 4 that
contravening the sign to diagram 953 is a moving traffic
contravention and the applicable contravention description
according to Annex B to the statutory guidance issued by the
Secretary of State is code 33 - Using a route restricted to
certain vehicles.
>
> The Council has committed a procedural impropriety in its
failure to issue a moving traffic PCN in accordance with the TMA
2004 Part 4 and with the statutory guidance which the council
must by law have regard to. As a consequence, the penalty charge
should be cancelled. If the Council disagrees, I expect the
council to layout “clear and full reasons for its decision” as
required by the statutory guidance.
>
> Furthermore, it has come to my attention that the enforcement
of the bus gate by CCTV only commenced this year and the
statutory guidance for local authorities outside London on civil
enforcement of bus lane and moving traffic contraventions
advises that a warning notice should be issued where a person
contravenes a bus gate restriction for the first time. This was
my first time and so only a warning notice should have been
issued in accordance with the statutory guidance.
--- End Quote ---
#Post#: 9957--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: November 12, 2023, 1:28 pm
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--- Quote from: Phantomcrusader link ---
>
> This is what you should submit
>
>
> [quote]I am accused of being in a bus lane but none of the
signage used is in accordance with bus lane signing as
determined by the Department for Transport’s Traffic Signs
Manual Chapter 3. The signage used is a variant of diagram 953
from Schedule 3 of the TSRGD 2016. The TMA 2004 prescribes under
Schedule 7 Part 4 that contravening the sign to diagram 953 is a
moving traffic contravention and the applicable contravention
description according to Annex B to the statutory guidance
issued by the Secretary of State is code 33 - Using a route
restricted to certain vehicles.
>
> The Council has committed a procedural impropriety in its
failure to issue a moving traffic PCN in accordance with the TMA
2004 Part 4 and with the statutory guidance which the council
must by law have regard to. As a consequence, the penalty charge
should be cancelled. If the Council disagrees, I expect the
council to layout “clear and full reasons for its decision” as
required by the statutory guidance.
>
> Furthermore, it has come to my attention that the enforcement
of the bus gate by CCTV only commenced this year and the
statutory guidance for local authorities outside London on civil
enforcement of bus lane and moving traffic contraventions
advises that a warning notice should be issued where a person
contravenes a bus gate restriction for the first time. This was
my first time and so only a warning notice should have been
issued in accordance with the statutory guidance.
--- End Quote ---
[/quote]
Will do. Thanks 😊
#Post#: 9958--------------------------------------------------
Re: Sheffield bus gate
DIR By: Pastmybest
Date: November 12, 2023, 1:31 pm
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Once for each PCN
#Post#: 10229--------------------------------------------------
Re: Sheffield bus gate
DIR By: ivanleo
Date: November 14, 2023, 4:08 pm
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I hate to be the bearer of bad news, but Oxfordshire County
Council, R (on the application of) v The Bus Lane Adjudicator
[2010] EWHC 894 (Admin)
HTML https://www.bailii.org/ew/cases/EWHC/Admin/2010/894.html
more or
less comprehensively deals with the whole bus lane vs bus gate
argument.
If Sheffield rejects the representations, it's probably best to
look for additional grounds.
#Post#: 12424--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: December 14, 2023, 7:49 am
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Hi, so i have a bit of good news one of the pcns has been
cancelled as seen in the picture
[attachment deleted by admin]
#Post#: 12428--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: December 14, 2023, 8:05 am
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This is what it says on the other pcn
[attachment deleted by admin]
#Post#: 12430--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: December 14, 2023, 8:14 am
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More images
[attachment deleted by admin]
#Post#: 12431--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: December 14, 2023, 8:26 am
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Pictures
[attachment deleted by admin]
#Post#: 12757--------------------------------------------------
Re: Sheffield bus gate
DIR By: Abz2k23
Date: December 21, 2023, 7:40 am
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I have not heard back from anyone and it will be the last day to
pay tommorow, i think it will be best to pay as luckily i have
to only pay 1 pcn so if i haven't heard anything back by tonight
if there any grounds to further appeal i will pay.
Thanks for all your support
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