Essex Road, Islington - 34J Being in a bus lane, Was moving across to turn left Options

[CraPo]

So I got a PCN for going into the bus lane. In my defence, I did it to turn left at the next junction (Halliford Street). Did a quick google and found a couple of opinions. Whilst this relates to Northern Ireland, it says,

You can cross a bus lane:

to turn left into a side road adjacent to a bus lane. However, you must turn as close as possible to the junction (it is considered reasonable that the turn should be made within one vehicle length of the junction)

TfL says,

If you want to turn left across a bus lane, an arrow or a dotted white line on the carriageway will indicate if this is permitted.

I'm clearly more than one vehicle length from the junction so whilst I agree I have broken the letter of the law, I don't think I have the spirit. I was moving left to turn left. You can see in the pictures the are absolutely no other vehicles on the road, bus or otherwise (which means moving across wasn't helping anyone, but neither was it benefiting me to infringe the bus lane), I was just driving courteously on autopilot and moving left. If there any point in me appealing this?

PCN



Street view of the junction

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[CraPo]

Gotta wonder if they'll ever get around to issuing an EN and indeed if they did the first time round?

I would like to see their record of the 'history' of this case.
This will be on their system, normally listing all the different actions, i.e. notices issued, incoming
correspondence, etc.
Various Councils have different names for it, e.g. 'PCN history log', 'Case progression log'.

You can either just wait for the EN -
or we can see if we can find out a little of what they've been up to?

e.g.
'Dear -----
In light of an earlier notice in this case apparently being lost in the post and now a new PCN
being served at odds with the applicable legislation, kindly furnish me with a full copy of your
record of the case history.'

If waiting for EN the above could just be included in reps against that, if you prefer.

----
Do keep on top of this though. Come back if you don't have EN after a few weeks. Don't miss deadlines.

I have done this, mostly in order to re-enforce the point that the PCN was re-issued against applicable legislation, as you say, but also interested in satiating your curiosity and see what it might turn up. It looks like it won't delay the process any further and if they fail to provide it, it will be more ammo for the adjudicator.

I'm keen to not miss any deadlines, as both you and lashes point out. What is a "few weeks" and is that from the 6th of March date? I like to be organised and put something in my diary to remind me to chase it up and could do with a specific date :-)

[Neil B]

Couple of weeks after 6th March.

You set the date.

[CraPo]

Couple of weeks after 6th March.

You set the date.

20th of March it is

[CraPo]

Gotta wonder if they'll ever get around to issuing an EN and indeed if they did the first time round?

I would like to see their record of the 'history' of this case.
This will be on their system, normally listing all the different actions, i.e. notices issued, incoming
correspondence, etc.
Various Councils have different names for it, e.g. 'PCN history log', 'Case progression log'.

You can either just wait for the EN -
or we can see if we can find out a little of what they've been up to?

e.g.
'Dear -----
In light of an earlier notice in this case apparently being lost in the post and now a new PCN
being served at odds with the applicable legislation, kindly furnish me with a full copy of your
record of the case history.'

If waiting for EN the above could just be included in reps against that, if you prefer.

----
Do keep on top of this though. Come back if you don't have EN after a few weeks. Don't miss deadlines.

Well, well, well..... Looks like I won't get to challenge them on the wording of the PCN due to the variations of the amendments of the Local Authorities Act, but maybe someone will find this in the future and it will help them. Thanks everyone for your help!

Dear Mr P****,



Penalty Charge Notice No. IZxxxxxxxx Date of Issue 21/03/2017 at 14:33
Location of Contravention Essex Road [Zone T]



Thank you for your email of 21 February 2018 regarding the above Penalty Charge Notice (PCN). I apologise for the delay in replying.

I have reviewed this PCN and can find no evidence that an Enforcement Notice was issued between the original PCN and Charge Certificate being issued. Although there is a note on the case on 4 July 2017 indicating Enforcement Notice a copy of it has not been scanned and uploaded to the case. That is a procedural error.

I should have spotted that in my earlier involvement in the case and I apologise sincerely for missing that.

I am satisfied that the contravention has occurred having viewed the CCTV footage and the PCN was issued correctly. There is a scanned copy of the records and you appealed it on receipt.

However, due to the Council's procedural error involving the Enforcement Notice, I have now cancelled the penalty charge. No further action is required.


Yours sincerely,

Steven Bolton
Correspondence and Appeals Officer
Traffic and Parking Services
Islington Council

[stamfordman]

What another saga but well done.

In yoru honour I've just driven both ways on that stretch observing the contortions of drivers as they try and avoid the lane owing to oncoming traffic overtaking buses.

[Neil B]

Tried to wing their way through, hoping you'd pay.
Never could risk a ruling that would reveal they'd been ignorant of an amendment passed 18 years ago!

is my take.

and that's only if they were awake.

Well done!

[CraPo]

Tried to wing their way through, hoping you'd pay.
Never could risk a ruling that would reveal they'd been ignorant of an amendment passed 18 years ago!

is my take.

and that's only if they were awake.

Well done!

Yes, the cynical part of me did wonder this! I'm slightly disappointed that I don't get to challenge it, since the ramifications could have been huge and embarrassing for Islington, but it has taken up far too much of my time already. I'm hoping someone else has a similar experience, finds this thread and takes up the gauntlet.

Like you said, only if they are awake. Occam's razor would suggest that it is just plain incompetence. They couldn't change the wording when they reissued the PCN to me otherwise that would have been a dead giveaway but I wonder if it is changing now.....

[Neil B]

Yes, the cynical part of me did wonder this! I'm slightly disappointed that I don't get to challenge it, since the ramifications could have been huge and embarrassing for Islington, but it has taken up far too much of my time already. I'm hoping someone else has a similar experience, finds this thread and takes up the gauntlet.

Like you said, only if they are awake. Occam's razor would suggest that it is just plain incompetence. They couldn't change the wording when they reissued the PCN to me otherwise that would have been a dead giveaway but I wonder if it is changing now.....

They haven't apparently.

[CraPo]

Yes, the cynical part of me did wonder this! I'm slightly disappointed that I don't get to challenge it, since the ramifications could have been huge and embarrassing for Islington, but it has taken up far too much of my time already. I'm hoping someone else has a similar experience, finds this thread and takes up the gauntlet.

Like you said, only if they are awake. Occam's razor would suggest that it is just plain incompetence. They couldn't change the wording when they reissued the PCN to me otherwise that would have been a dead giveaway but I wonder if it is changing now.....

They haven't apparently.

There's another new case on here? Send me a link so I can live vicariously/offer support.

[Neil B]

Right below this.

[CraPo]

Right below this.

I don't often go to the index but yes