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Posted by: stamfordman Wed, 10 Jan 2018 - 14:25
Post #1345886

How not to report a decriminalised case - try and not be confused:

http://www.dailymail.co.uk/money/article-5252983/How-photos-helped-beat-councils-520-fine.html

Posted by: DancingDad Wed, 10 Jan 2018 - 17:29
Post #1345944

To be fair, it does lay out the process.
Errors like a Notice to Owner after postal CCTV PCN and fines instead of penalties but generally lays it out.

Posted by: mickR Wed, 10 Jan 2018 - 17:56
Post #1345951

To be fair I thought it was quite good compared to some of the drivel written.

Posted by: stamfordman Wed, 10 Jan 2018 - 18:32
Post #1345957

I couldn't reconcile this:

The second point we planned to make was based on something the council wrote in one of its many rejection letters.
It admitted you are allowed to enter a bus lane in order to pick up or drop off passengers. The council claimed that, in our case, this defence didn't stand up because we hadn't exited 'in the most direct route' and were seen travelling the full length of the bus lane. But we thought we could argue that it was safer to stay in the same lane, as we were taking the next left just a few metres away.

With this:

Jack said that had our defence been hinging on our second argument — that we had only ventured into the bus lane as long as necessary to pick up a passenger — we would have lost.


Posted by: mickR Wed, 10 Jan 2018 - 19:53
Post #1345981

? huh.gif

Posted by: DancingDad Wed, 10 Jan 2018 - 20:37
Post #1345992

QUOTE (stamfordman @ Wed, 10 Jan 2018 - 18:32) *
I couldn't reconcile this:..........


Standard exemption on bus lanes is to enter and stop for boarding alighting.
But similar to being able to enter and cross one for the purpose of turning off the carriageway, this does not give exemption to enter and travel along the bus lane for any distance.
Just as long as is needed on both entering and leaving.

The report does say that they picked up and then travelled along the bus lane as they wanted to turn left.
That, presumably shown on the video, would have killed the exemption if it was for any significant distance.

Posted by: stamfordman Wed, 10 Jan 2018 - 21:42
Post #1346019

So the adjudicator was wrong when he said:

Jack said that had our defence been hinging on our second argument — that we had only ventured into the bus lane as long as necessary to pick up a passenger — we would have lost.



Posted by: DancingDad Wed, 10 Jan 2018 - 22:11
Post #1346023

QUOTE (stamfordman @ Wed, 10 Jan 2018 - 21:42) *
So the adjudicator was wrong when he said:

Jack said that had our defence been hinging on our second argument — that we had only ventured into the bus lane as long as necessary to pick up a passenger — we would have lost.


Depends on what the video showed.

If the "few metres" to get to the left hand turn was a few metres and not 20-40 (or more) yes, probably wrong.
But if, in the judgement of the adjudicator, they stayed for longer then needed in the bus lane, then the exemption would fail.

That is a decision the adjudicator is entitled to make.

Reading between the lines in the report, I've got the feeling that they managed to get the adjudicator on their side, to get some sympathy and Jack went out of his way to find something to hang cancellation on.
In that respect they were lucky, some of the more burkish adjudicators would have tossed their photos as inconclusive and relied on the council's evidence.



Posted by: mickR Wed, 10 Jan 2018 - 22:15
Post #1346025

I think your missreading DDs post.

Edit DD beat me to it.

Posted by: PASTMYBEST Wed, 10 Jan 2018 - 22:35
Post #1346033

If she had come here for advice, In the dark i think we would have suggested signage as a point and a bit of support for continuing contravention might have helped


https://www.google.co.uk/maps/@51.4208402,-0.2063128,3a,75y,102.34h,94.44t/data=!3m6!1e1!3m4!1sMr6Bg_V2wvMNM_T8ZyChbA!2e0!7i13312!8i6656

Posted by: Neil B Thu, 11 Jan 2018 - 14:36
Post #1346195

QUOTE (PASTMYBEST @ Wed, 10 Jan 2018 - 22:35) *
If she had come here for advice, In the dark i think we would have suggested signage as a point and a bit of support for continuing contravention might have helped


https://www.google.co.uk/maps/@51.4208402,-0.2063128,3a,75y,102.34h,94.44t/data=!3m6!1e1!3m4!1sMr6Bg_V2wvMNM_T8ZyChbA!2e0!7i13312!8i6656

Right place, wrong view, which was crucial and her main point.
But still little symparhy.

https://www.google.co.uk/maps/@51.4207378,-0.2060833,3a,75y,48.29h,71.99t/data=!3m6!1e1!3m4!1sKh1OoyG8Sy5deA183R7VSA!2e0!7i13312!8i6656

Posted by: mickR Fri, 12 Jan 2018 - 20:34
Post #1346603

QUOTE (Neil B @ Thu, 11 Jan 2018 - 15:36) *
But still little symparhy.

https://www.google.co.uk/maps/@51.4207378,-0.2060833,3a,75y,48.29h,71.99t/data=!3m6!1e1!3m4!1sKh1OoyG8Sy5deA183R7VSA!2e0!7i13312!8i6656


Why? Your view shows difficulty in seeing the signage despite the benefit of daylight.

Posted by: Neil B Sat, 13 Jan 2018 - 09:53
Post #1346686

QUOTE (mickR @ Fri, 12 Jan 2018 - 20:34) *
Why?

She works for that rag!

Posted by: mickR Sat, 13 Jan 2018 - 11:30
Post #1346719

QUOTE (Neil B @ Sat, 13 Jan 2018 - 10:53) *
QUOTE (mickR @ Fri, 12 Jan 2018 - 20:34) *
Why?

She works for that rag!


Good point wink.gif

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