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Bus lane Widmore Road Bromley
Nobel
post Tue, 26 Jan 2021 - 21:09
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I have received a Penalty Charge Notice for being in a bus lane, contravention code 34J.

I have 2 possible routes of appeal & would appreciate some guidance concerning which will be more effective.

1) Mitigating circumstances - I usually travel on this portion of road outside the operating hours of the bus lane so quite often occupy it quite legally. On this occasion I was travelling for work so at a different time of day & was distracted by the worry of my husband being seriously ill in hospital.

2) The evidence is not strong enough to support the penalty charge notice - the video is very short & shows my vehicle passing a “Controlled Zone” sign rather than a bus lane sign, also only one of the stills has my vehicle (this is the one with the close up of the number plate).

Thanks in advance.
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post Tue, 26 Jan 2021 - 21:09
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BaggieBoy
post Tue, 26 Jan 2021 - 21:18
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Wrong part of the forum, needs to be moved to the "Decrim" section. I've alerted a moderator.
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stamfordman
post Tue, 26 Jan 2021 - 22:35
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Let's see the PCN and the video (PM me the details if you can't get it).

Leave in all dates, times and location on the PCN.

Councils must consider discretion as per your first point.

Put pics on https://imgbb.com or such like as space on forum is limited. Set uploads not to autodelete if using https://imgbb.com

This post has been edited by stamfordman: Tue, 26 Jan 2021 - 22:36
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Nobel
post Wed, 27 Jan 2021 - 01:13
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Photos:

https://ibb.co/D9FzYbd
https://ibb.co/JFh4Bbd
https://ibb.co/C0x62gb
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stamfordman
post Wed, 27 Jan 2021 - 09:35
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Bang to rights as lane operational up to 10am on Friday and PCN timed at 9.50am.

https://www.google.com/maps/@51.4070409,0.0...6384!8i8192

There is a possible date flaw on the enforcement notice (which is the next stage).



This post has been edited by stamfordman: Wed, 27 Jan 2021 - 09:49
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cp8759
post Wed, 27 Jan 2021 - 12:54
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Check if the bus lane sign is still there, if it isn't or if it's damaged or knocked out of position, get some photos.

In any case the next document you will get has a known flaw, so unless Bromley has fixed it, you can appeal based on that.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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PASTMYBEST
post Wed, 27 Jan 2021 - 12:58
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Got to ask Stamf can you post a copy of the video, that can be paused that looks weird and also very short


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stamfordman
post Wed, 27 Jan 2021 - 13:12
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It's only a short clip and nothing unusual.

The lane has two signs before the OP appears.

https://vimeo.com/505208466

I would try discretion as a one off lapse by a regular, close to end time and being concerned about personal issues as said by the OP.

This post has been edited by stamfordman: Wed, 27 Jan 2021 - 13:32
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Nobel
post Thu, 28 Jan 2021 - 16:48
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Thanks for your input, I will appeal as you suggest & come back if rejected.
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Nobel
post Tue, 16 Mar 2021 - 00:53
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I have received a notice of rejection from Bromley Council & would be grateful for any advice concerning whether it’s worth any further appeal & if so what would be the best avenue.

https://www.dropbox.com/s/msnd5fktdfnsiwu/R...on%201.pdf?dl=0

https://www.dropbox.com/s/0t6ihegm4w7t4sl/R...on%202.pdf?dl=0

Thanks very much.
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Incandescent
post Tue, 16 Mar 2021 - 09:19
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They have re-offered the discount, so this might well be your best option, as adjudicators cannot apply mitigation.
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PASTMYBEST
post Tue, 16 Mar 2021 - 10:24
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QUOTE (Nobel @ Tue, 16 Mar 2021 - 00:53) *
I have received a notice of rejection from Bromley Council & would be grateful for any advice concerning whether it’s worth any further appeal & if so what would be the best avenue.

https://www.dropbox.com/s/msnd5fktdfnsiwu/R...on%201.pdf?dl=0

https://www.dropbox.com/s/0t6ihegm4w7t4sl/R...on%202.pdf?dl=0

Thanks very much.


Take down the rejection letter and remove your name and address

I would advise you take the discount


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cp8759
post Tue, 16 Mar 2021 - 13:44
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Have you been back to check the conditions of the signage?


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Nobel
post Tue, 16 Mar 2021 - 15:21
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Thanks for the advice; I’m fairly sure the signs are the same as I drive that route quite regularly.
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cp8759
post Tue, 16 Mar 2021 - 17:50
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Then the discount would be best.


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