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34 Being in a bus lane Hackney Mare Street (D)
Tej C
post Fri, 15 Mar 2019 - 17:45
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Hi

I got a PCN for "34 being in a bus lane" - Link to dropbox attached - https://www.dropbox.com/sh/1k57rql36bed2u2/...GJ6xslNAEa?dl=0

I am thinking I can appeal based on being in it for a short period of time, not blocking the lane or other users, no unfair advantage and turning left earlier than the main lights.

The light turned red and I went into the lane about 3 cars length worth

Do you think I have a case?

Many Thanks
Tej

This post has been edited by Tej C: Fri, 15 Mar 2019 - 18:13
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post Fri, 15 Mar 2019 - 17:45
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Starworshipper12
post Fri, 15 Mar 2019 - 18:02
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Video is crucial, along with this:

http://forums.pepipoo.com/index.php?showtopic=125502
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Tej C
post Fri, 15 Mar 2019 - 18:14
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QUOTE (Starworshipper12 @ Fri, 15 Mar 2019 - 18:02) *


thanks I have stuck them in dropbox - will add pics of the PCN to the folder now
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stamfordman
post Fri, 15 Mar 2019 - 18:46
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We've had a few recently for that short stretch of lane - people think because it's short just after a turning you can get away with it but Hackney has other ideas. Not sure if anyone has succeeded with an appeal -

https://www.google.com/maps/@51.5406225,-0....6384!8i8192


here's a case:

http://forums.pepipoo.com/index.php?showtopic=119090

and others:

http://forums.pepipoo.com/lofiversion/index.php/t125263.html
http://forums.pepipoo.com/index.php?showtopic=124932

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Tej C
post Fri, 15 Mar 2019 - 18:54
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Thanks Stamfordman - I did see those ones but did not see if anyone was successful... I will definitely take this all the way and let you know how it goes.

I guess my real question is if there is anywhere in law that says about having to be over 20 metres in the lane or if it is as simple as you cant go in it at all

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Starworshipper12
post Fri, 15 Mar 2019 - 19:25
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http://forums.pepipoo.com/index.php?showtopic=96116
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stamfordman
post Fri, 15 Mar 2019 - 19:56
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Just had a quick look at appeals on the tribunal site and this is probabaly the same location (Mare St bus lane) and makes ref to 20 metres (mistyped as 20 minutes once):

case ref: 2190062596

There is no dispute that this vehicle was in a bus lane.

The appellant seeks to dispute liability for the charge on the ground that his incursion into the bus lane was brief and for a matter of seconds no obstruction being caused it amounting to no more than a de minimus breach of bus lane regulations he seeking to rely upon the '20 metre rule'.

On the council's video footage of this incident, which shows the vehicle using a section of bus lane fully contained within it, I do not consider this to be a de minimus infraction of bus lane controls.

The '20 minute rule' has no statutory force and I have no power to direct the council to cancel a bus lane penalty charge on the basis of it.

The submissions made by the appellant in support of his case are mitigation only.

I have no discretion and am unable to take mitigation into account.

I find this contravention proved.

The appeal is refused.
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Incandescent
post Fri, 15 Mar 2019 - 21:38
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I cannot see any appeal at London Tribunals succeeding. You entered the bus lane right at the start of it, so forget any 20 metre rule; you are bang-to-rights.
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cp8759
post Sat, 16 Mar 2019 - 12:29
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You also gained an advantage over people who travelled in the correct lane, so I don't see a win here unless the council commit a serious procedural error.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Tej C
post Sat, 16 Mar 2019 - 16:43
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Thanks a lot for your research and comments its is very helpful
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