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Found 1 result

  1. Hi guys, new here so I hope I conform to set posting standards. Any issues, please point them out. Anyway, I got a PCN by the council through the post for "BEING IN A BUS LANE". I think the PCN itself didnt contain any errors which would make it invalid. The photographic pictures show that I did indeed briefly use the bus lane. I was surprised at myself that I would drive in a bus lane without realising it, so at the time I put it down to it being dark and raining heavily, causing glare off the road surface. I appealed the ticket on many grounds, including compassionate, highlighting the set of circumstances which caused the offence to take place as well as many bus regulations which I believed wernt met. I expressed the fact that there was no traffic in either lanes, so no advantage was gained or buses obstructed in the use of the bus lane (which I must have used for a max of approx 50 metres before I turned left). I really didnt think it would get rejected, but the council have said there are no grounds on which it can be cancelled. The next procedure they say is that I can either pay it at half price (£65) within 14 days or pay the full within day 15-28 and if im not happy with their decision and want to make a formal representation to the council I should not pay them at all and wait for an enforcement notice. If they do not accept my formal representations then I can take it to an independent adjudicator, but I lose the right to pay half price after this current point. Anyway, the following is the reason why im posting on here: I have 3 grounds of complaint with the council- 1) There was not enough space on their website to make my informal appeal (I ran out of characters and had to therefore print out the letter and post it recorded the next day. I would have been screwed if I was attempting to submit my appeal on the last day on their website) 2) I requested video evidence from their website, which highlighted that they would email me with a link or something of it within 24 hours. This didnt happen. 3) I realised after I sent my letter of appeal that the bus lane signage was not correctly displayed-which I now believe was most likely the reason why I failed to realise I was in the bus lane to begin with. Basically the camera enforcement sign is there, as is the time plate which states 'at any time' but the main big sign which is supposed to show the restrictions and limitations of the lane to include only buses, motorbikes and taxis is turned 180 degrees to face the oncoming traffic, so would not be seen by the motorists approaching the bus lane. Would this be a valid ground on which to resist making payment? If its not a valid argument that will overturn the ticket then ill just make the payment but I suspect a lot of people have been caught out by this. I have noticed the sign to have been like that for a few weeks now, so believe it must have been this way at the time of enforcement too. I have taken pictures so you can see what I mean. In any case, the signs are right at the start of the bus lane and not 30 metres beforehand, which I recall reading somewhere that they should be. Do I have good grounds to resist or do I not have a chance in hell and should just pay up? Does it matter that I didnt mention this issue in my original appeal? Should I write back to them now or should I ride it out and follow their set procedure? If I do have a case, what should I say/cite? Any drafts would be appreciated. Many thanks guys. You have a great community here, where everyone is pulling together to help the common man against what seem like unscrupulous capitalist councils.
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