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Llanthony Bridge charge certificate, 2nd Penalty notice received 2 months after
Water
post Tue, 31 Oct 2017 - 11:00
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Hi, can someone please help us?!
We received the attached letter today, which is the first and only letter received.
It has a penalty charge + 50% increase so is now £90 !
We don’t live locally so cannot return to check signage etc. This threw me as it’s from Gloucestershire County Council, via APCOA with an Uxbridge address - all this is why I’m here. All these things don’t seem to add up. Surely there’s something we can do to appeal against this?

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post Tue, 31 Oct 2017 - 11:00
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Water
post Thu, 5 Apr 2018 - 10:46
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At 10:02 this morning other evidence was added. It’s a video clip, 19 seconds long, of our car driving over the bridge followed by another car. I’ve managed to open the video previously posted as evidence - it’s the same video.
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Water
post Mon, 9 Apr 2018 - 11:53
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So now it’s Monday & the case is still open to add evidence/send messages or whatever. It was supposed to automatically go to the adjudicator after 7 days. I’m inclined to leave it in case there’s anything else I need to add, but on the other hand am thinking I should choose the option to send to adjudicator as a matter of complying...
Just though I’d let you know of the no-update!
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Water
post Sun, 22 Apr 2018 - 20:49
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Hey - guess what?

You done it! 😁
Thank you all for your help, time and patience with this. It was worth it! (Sounds like a certain shampoo advert!)
I’ll post the details below.
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Water
post Sun, 22 Apr 2018 - 21:22
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Screenshot with some details:

Adjudicators reasons - 24 of them:

The Council must prove the contravention on 1 September 2017. I must assess all the evidence and decide if there is a reason to allow the appeal. I resolve a dispute of fact by deciding what is more probable than not on the evidence available to me.
The Council’s case is that as at 1 September 2017 a bus lane restricts Llanthony Road from its junction with Merchants’ Road for 88 metres west (including the bridge). It applies at all times.
The bus lane is different from the type that runs alongside a general lane. It requires general traffic to take an alternative route. The video shows Mrs * car drive westbound in the bus lane.
The Council sent the PCN to Mrs *. They did not hear from her and so continued to send enforcement documents.
In late 2017 Mrs * applied to set aside the enforcement steps and the court put the process back to £60 (I have not seen her application). The Council sent a fresh PCN and Mrs * sent representations.
Mrs * challenged the PCN and the official procedures setting out detailed points (evidence 10). She challenged the adequacy of the signage, noting that the advance warning signs are inadequate with the result that drivers have difficulty avoiding the bridge. She also challenged the validity of the traffic regulation order and the role of Apcoa.
For her appeal she provides another detailed statement (evidence 1) and the charge certificate and letter dated 10 November giving notice of intention to register the debt (evidence 2 and 3).
By message on 4 April she objects that the traffic regulation order dated 4 May 2012 that is relied on by the Council (evidence 16) has been revoked by a 2017 order which is not provided by the Council and which she says is bad on its face.
She attaches photos of pages of an order dated 29 December 2017. Article 14 says that the 2012 order is revoked in full.
Traffic regulation order
The order dated 29 December 2017 is not relevant because it was made after the date of her journey on 1 September 2017. The Council are correct to provide the traffic regulation order that applied at the time of her journey at evidence 16.
Information for drivers
A key issue is whether the Council have proved that the signs and markings provide adequate information for drivers about the restriction when travelling westbound (regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996; The Traffic Signs Regulations and General Directions 2016).
Where a bus lane fills a route, a driver needs a reasonable chance to prepare to avoid it by taking an alternative route.
The video shows the car already past the entry point and so does not show the signs at or before it.
In the Notice of Rejection the Council say that there are signs at the entry point and also ‘well in advance of the bus lane which explain the restriction ahead’ but did not give details.
The Council provide a map with numbers on it to indicate the location of signs (evidence 18).
Separately, they provide photos of signs and say that the driver would have passed the signs at pages 5-9 (evidence 14 and summary). Unfortunately, they do not link the photos to the map.
I can establish that the photos at page 5, 6 and 9 are close-ups of the round blue signs and lettering at the entry point. But the evidence does not show the location of the two advance signs in the photos at page 7 and 8. It is unclear why the map shows more numbers on the relevant side of the bridge than these two signs.
Because the photos of the entry point are close-ups, they do not show the earlier carriageway or if there is an alternative route for drivers to take if they reach this point. The Council have not said what other routes are available to avoid the bus lane.
On the evidence available to me in this appeal, the Council have not proved that sufficient advance information is provided on the approach routes to give reasonable notice to drivers that the route ahead becomes restricted as a bus lane and how to take an alternative route to avoid the bus lane.
On the evidence available to me the Council have not proved that the signs and markings considered as a whole were adequate to inform drivers of the restriction.
I accept that Mrs * (who does not live locally) had no prior knowledge of this bus only route. I find that she was not given reasonable advance notice of the restriction and did not realise that it was a bus only route until it was too late.
I find that the evidence available to me is not sufficient to prove the contravention. There is no need for me to consider the remaining points raised by Mrs *.
I allow the appeal. Mrs * has nothing to pay.
In future the Council is asked to provide clearer evidence of the information available to westbound drivers before they reach the entry point and of the alternative routes.

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PASTMYBEST
post Sun, 22 Apr 2018 - 21:29
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well done but a shame they did not go on to consider the other points cop out by the adjudicator
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Water
post Mon, 23 Apr 2018 - 09:49
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Yes I must admit I was a little disappointed the other points weren’t considered and action taken on them. It allows the same procedure to continue, and no doubt works for them by way of people paying up and them earning a few quid. Shame.
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