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Brief Entry into Bus Lane
smudgersmiffy
post Thu, 18 Jan 2024 - 22:03
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Whilst visiting my son at university on Sunday, I briefly entered a bus lane.

Having only been there a couple of times previously, I don't know the area well, and found myself about to enter a bus lane. When I realised I was about to go in, I immediately moved to the right as can be seen from the photographs.

Do you think I have a good case to appeal this bearing in mind the whole of the car wasn't inside the bus lane at any point?

Look forward to hearing from anyone who might be able to help.


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This post has been edited by smudgersmiffy: Thu, 18 Jan 2024 - 22:08
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post Thu, 18 Jan 2024 - 22:03
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Incandescent
post Thu, 18 Jan 2024 - 23:32
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Please post-up the PCN, with name and address redacted. If you redact PCN Number and car reg number please obtain and post-up the video. If you leave these in we can look ourselves. The video is their sole evidence.

Having said the above, the photos do seem to show a trivial, de minimis, contravention that an adjudicator would laugh at if the council dared to contest an appeal,
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smudgersmiffy
post Fri, 19 Jan 2024 - 23:35
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@Incadescent Thanks for your reply.

Here's the letter I received. I don't see any reference to viewing a video though.

Please let me know if there's any further information you need. I've redacted anything personal. Hope that's OK?

Basically, the car on the right in the first image wouldn't let me get out and sped in front of me, and I had no option but to go into the bus lane a tiny bit until he'd gone by.


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John U.K.
post Sat, 20 Jan 2024 - 08:45
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PLease repost all sides of the PCN with only name & address redacted and also a GSV link to the location.
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Gert
post Sat, 20 Jan 2024 - 09:51
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Without seeing the full clip where speeds, timings and gaps can be considered, hard to say if a credible argument
exists for the driver in lane one positioning into two. Looks plausible that driver had to wait for a suitable space before moving across the mouth of the bus lane. Short of stopping prior to bus lane (and then set off from a standing start) what else could they do?
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smudgersmiffy
post Sat, 20 Jan 2024 - 22:28
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@Incandescent @John U.K. @Gert

Thanks for your replies so far

The images can be viewed at:

www.portsmouth.gov.uk/parking

Click on: "View Details or challenge a penalty charge notice (PCN)"

Penalty Charge Notice (PCN) Number: PO94635958
Registration Number: YO68AVC

There doesn't seem to be any video available.

As can be seen, the car to the right of me was moving so fast an wouldn't let me move over. As soon as I was able to do so, I moved out, but that meant I was unavoidably in the Bus Lane for just a few yards.

Will be pleased to hear what you think of the images.
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Incandescent
post Sat, 20 Jan 2024 - 23:57
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I can't believe Portsmouth issued this PCN for such an obviously trivial intrusion into the bus lane, and I would be taking them all the way to adjudication if it were me. It is just venal moneygrubbing.

So submit representations that the intrusion into the bus lane is totally trivial and you are extremely shocked that they have issued the PCN as there is clearly no possible traffic management benefit in penalising a motorist for this extremely minor intrusion. Don't be surprised if you get the usual Fob-Off letter. You would probably have to take them to the Traffic Penalty Tribunal to get it cancelled. The downside is you must risk the full PCN penalty. Councils bat away almost all representations because they know that people then cough-up. If they reject your reps and don't re-offer the discount, then it is a total no-brainer to take them to TPT.

This post has been edited by Incandescent: Sat, 20 Jan 2024 - 23:58
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smudgersmiffy
post Sun, 21 Jan 2024 - 11:55
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Thanks for your reply @Incandescent I think I'll appeal it.

Having checked the time stamps on then images, it can be seen that I was in the Bus Lane for somewhere between 3 and 4 seconds.

On the first image it can be seen that I was braking because the guy to my right wouldn't let me out.

What a pain that we have to go through the appeal process. Maybe if there was a fine for the council if they lose the appeal they wouldn't be so keen to fine people.

Do you have any good phrases that I can include in my appeal so the tribunal will look at it in a good light?
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astralite
post Sun, 21 Jan 2024 - 12:20
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Yes, there is a video on the Portsmouth website - just below the photos. All the cars seem to have been driving quite quickly. I agree with Incandescent.
If you want to post a draft representation before you send it we could take a look. It only needs to be brief and clear. If Portsmouth accept it then that will be the end of the matter and you will not have to consider the Tribunal.
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Schofeldt
post Sun, 21 Jan 2024 - 12:31
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PCN all of it please.


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
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