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Custom House Street Bus Lane, Cardiff, Help with appeal letter please.
cufuffuled
post Thu, 16 Aug 2018 - 16:32
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Hi Guys. I went into the bus lane without realizing at this notorious trap in Cardiff.

I've seen that a lot have had their tickets dropped because of the bad signage at the spot. So I've drafted the following from the previously successful letters I found here.

Any advise, direction or improvement is greatly appreciated. Docs attached.




Dear Sir/Madam

I am challenging the PCN –

I feel aggrieved to have had the issuing of a PCN for entering of a Bus Lane in Custom House Street Cardiff on the 29/07/2018.

I approached the road I now know to be restricted using St Mary's St. A directional sign on St Mary’s Street, warning of restrictions is positioned right on the turning so it can easily be missed.
When there is a bus in the left lane, it is impossible to see the 'no left turn' sign at all until you are in the bus lane and the camera has photographed you.

Once the turn was made I was committed before seeing the bus lane signs on the road. So I unintentionally entered the Bus Lane, and I had no other option but to continue on the road. I could not reverse or maneuver to avoid the restriction, especially as I would have been reversing into the busy junction of some five roads.

Signage for the restriction is confusing and misleading. The only advance warning appears very late, being right on the junction as I approached. There are no accompanying road markings to indicate the restriction ahead. It appears impossible for a motorist, in motion, to have time to see, read and comprehend the warning sign where, in that position, a motorist will already have manoeuvred into lane and indicated their intention to other motorists.
I do not consider that the Enforcement Authority has provided clear or adequate signage and cannot therefore enforce this bus lane according to statute.
I question what advice or approval for signage has been sought from the Dept. for Transport and whether the signage employed has followed such advice or any authority they have granted.

Your letter also states that video evidence is used to support the penalty. But no video is available on the page for the ticket.

I look forward to hearing back from you

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post Thu, 16 Aug 2018 - 16:32
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cufuffuled
post Thu, 16 Aug 2018 - 22:20
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Mad Mick V
post Fri, 17 Aug 2018 - 09:26
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On signage I believe there was an issue with bilingual signs which you might add.

Still don't like their PCN which also serves as a Notice to Owner. They are required to comply with the Appeals Regs too and their wording is rather cavalier. Check on what they are supposed to include here:-
http://www.legislation.gov.uk/uksi/2013/35...gulation/3/made
So you are also looking for a procedural impropriety (e.g. they didn't include something or the wording does not comply with the intention of the legislation).
Otherwise your draft is fine.
Mick



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