PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PCN for Bus Lane Contravention on Lancelot Road, Wembley ¦ HELP REQUIRED, Road closure leading to contravention of bus lane regulation
y700suf
post Sat, 9 Jan 2021 - 15:01
Post #1


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Hi,

I was hoping to seek the counsel of those on this forum who have seen many PCNs in relation to one I received for a bus lane contravention a few days ago.

The contravention arose from my admittedly incorrect use of the bus lane AFTER I had to turn in the opposite direction to where I wanted to go because the road was shut off. I was turning on to Lancelot Road from a side road and couldn't turn right as I intended because there was a road work blockade so turned left instead. The bus lane started immediately after the side street from where I turned. The bus lane sign was also right at the corner of the side street and Lancelot Road and critically, not visible to me.

I was genuinely surprised when I received the PCN a few days ago. Moreover, I have never seen a PCN in this format although my experience is only of parking charges. The issues I see with it include:

  • No mention of an informal challenge (although the Brent Council website does have the facility to challenge)
  • No grounds for appeal beyond the four somewhat narrow list of 'accepted' grounds


On the basis of the above, could I construct an appeal on a combination/all of:

  • Procedural Impropriety on the basis of the misleading PCN
  • Lack of visibility turning on to Lancelot Road
  • Mitigating circumstances as a result of the road blockade


I am having no luck attaching the PCN for those who want to examine the actual notice. Is there a way around the attachment feature?

Thank you in advance.

This post has been edited by y700suf: Wed, 13 Jan 2021 - 08:38
Go to the top of the page
 
+Quote Post
3 Pages V  < 1 2 3  
Start new topic
Replies (40 - 56)
Advertisement
post Sat, 9 Jan 2021 - 15:01
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Sun, 4 Apr 2021 - 22:45
Post #41


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Well the discount is gone, so there's nothing to be lost in carrying on. Your last day to register an appeal is 12 April so I suggest you try and check the signage again and get timestamped photos at some point next week.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
y700suf
post Wed, 7 Apr 2021 - 11:00
Post #42


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Thanks cp8759.

The Rejection letter states 28 days to appeal from the date of service, which was 12th March. Does that not mean the last day to register my appeal is 9th April?

If so, I will not make it to Wembley before that date to check signage. I could do so this weekend.

Also, in my appeal, should I include the issue with the Enforcement Notice you had highlighted previously?

Thanks.
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Wed, 7 Apr 2021 - 11:23
Post #43


Member


Group: Members
Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (y700suf @ Fri, 2 Apr 2021 - 08:32) *
Any thoughts on the best way forward here?


Your last day to appeal is the 12th the date of service is 2 working days after the 28 days from the date of notice


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
y700suf
post Fri, 9 Apr 2021 - 18:38
Post #44


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



I managed to get back to Wembley to check the signage today.

Turns out the signs have definitely been repaired:

https://ibb.co/fQRc2yQ
https://ibb.co/g6Zk1B0

Should I base my appeal against the EN on this discrepancy in the signage?
Go to the top of the page
 
+Quote Post
y700suf
post Sat, 10 Apr 2021 - 15:58
Post #45


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Any thoughts on way forward to a full Tribunal appeal please?
Go to the top of the page
 
+Quote Post
y700suf
post Sun, 11 Apr 2021 - 17:01
Post #46


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Deadline for appeal to Tribunal is tomorrow so any input would be much appreciated!
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 12 Apr 2021 - 22:42
Post #47


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Did you file the appeal? If yes, show us what you sent. If no, file an appeal right now with "I rely on my formal representations", the tribunal will almost certainly accepted it if it's only 1 or 2 days late.

In the meantime I'll get hold of the maintenance records for the sign.

This post has been edited by cp8759: Mon, 12 Apr 2021 - 22:43


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
y700suf
post Tue, 13 Apr 2021 - 05:47
Post #48


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Thank you cp8759.

I did file my appeal, confirmation of which I have reproduced below.

The appeal automatically assumes that the formal representation will be assessed and asks only for additional information.

I therefore submitted before/after images of the signage and also indicated that I would submit physical copies of evidence. I intend to send the copies of the Councils’ notices and my representations just to make sure there is a clear record for the Tribunal.

I also opted to attend the hearing which is scheduled for 14th May.

Any advice welcome of course.

——————————————————————————â€
”——————————————————————————â€
”———————-

Email: queries@londontribunals.org.uk
Phone: 020 7520 7200


Confirmation of evidence uploaded

Evidence - Evidence type
34EC14FE-2317-48C9-8F0B-F949C0D6CF58.jpeg - Evidence for appeal
304520F2-F6C7-41BB-8B4E-456BD4E6D0F1.jpeg - Evidence for appeal


You have indicated that there is further physical evidence to follow which you could not upload. This evidence should be sent to the address stated below and must be received at least 5 days before your scheduled hearing.

London Tribunals, PO Box 10598, NOTTINGHAM, NG6 6DR

You must ensure the case reference provided in this confirmation email is attached to any evidence that is sent to the above address.
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 13 Apr 2021 - 22:15
Post #49


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Keep an eye on the tribunal portal, at some point the council will upload an evidence pack. Check at least once a week, in the last 10 days before the hearing check every day.

In many cases I offer to represent appellant but I get the feeling you feel confident in representing yourself, in which case I'll just put the maintenance records for the sign on here.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
y700suf
post Wed, 14 Apr 2021 - 09:28
Post #50


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Thanks cp8759.

I have already been contacted by Brent Council in relation to the evidence pack. They offered to e-mail it to me which I have accepted.

On your offer to represent me at the hearing, I would be very interested in following up with you on that.

While I have much experience of other courts, this is my first tribunal appeal so no doubt have something to learn!
Go to the top of the page
 
+Quote Post
cp8759
post Fri, 16 Apr 2021 - 13:40
Post #51


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



OK let us know when the evidence pack arrives.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
y700suf
post Thu, 22 Apr 2021 - 15:10
Post #52


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



I have now received the evidence bundle.

Would really appreciate help/support in how best to counteract the points made by the Council as well as in the actual proceedings.
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 28 Apr 2021 - 22:05
Post #53


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Do you have a hearing date yet? If you didn't ask for a hearing, request one now please. Would you like me to represent you?


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
y700suf
post Thu, 29 Apr 2021 - 09:46
Post #54


Member


Group: Members
Posts: 109
Joined: 31 May 2014
Member No.: 71,017



Thanks cp8759.

I would very much appreciate it if you could represent me. Please let me know how best we can set up.

Hearing date is Saturday, 15th May at 1030.
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 2 Jun 2021 - 14:10
Post #55


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



A surprising decision from Mr Walsh https://bit.ly/3cchF3D


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Wed, 2 Jun 2021 - 16:26
Post #56


Member


Group: Members
Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (cp8759 @ Wed, 2 Jun 2021 - 15:10) *
A surprising decision from Mr Walsh https://bit.ly/3cchF3D


He throws these curve balls once in a while but unless he missed something not mentioned i see no case for review

On a side note i notice that the regs do allow transfer of liability in a roundabout way


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 5 Jun 2021 - 21:46
Post #57


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (PASTMYBEST @ Wed, 2 Jun 2021 - 17:26) *
On a side note i notice that the regs do allow transfer of liability in a roundabout way

Maybe for a long term lease, not for a hire car. There was no transfer of liability in this case.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post

3 Pages V  < 1 2 3
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 09:09
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here