PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Leeds, Code 34J, Bus Lane PCN, Bridge End Jnc Dock St
StrangeBishop
post Sun, 19 Mar 2023 - 18:27
Post #1


New Member


Group: Members
Posts: 2
Joined: 19 Mar 2023
Member No.: 119,433



Hi all,

I have received a PCN for: 34J Being in a bus lane (during the hours of operation of the bus lane).

The contravention occurred on 05/03/23 and the notification was received on the 13/03/23.

The location appears to be here, though there has been a lot of roadworks since. https://goo.gl/maps/ZqLdgGtFJJQ1TBvm6

Here is the text of the notice I received: https://imgur.com/a/3kvlosL

Based on the forum thread here: http://forums.pepipoo.com/index.php?act=ST...30&t=147882

I believe there is Ground "G" missing from the PCN under Section 5(1) The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022, i.e.

QUOTE
(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;


On that basis, could I use the language from the above thread to appeal? Specifically, the letter written by cp8759, which seemed to work successfully. The text of that is as follows:

QUOTE
Dear Leeds City Council,

I challenge liability for PCN XXXXXX on the basis of a procedural impropriety. Specifically the statutory ground of appeal at regulation 5(4)(g) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 is missing from the PCN that has been served. That is a procedural impropriety on the basis of which the council's position is plainly hopeless.

Further to this, regulation 5(2)(b)(ii) provides that representations may be made to the effect that, that, whether or not any of the statutory grounds of appeal apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should cancel the penalty charge. The Penalty Charge Notice served in this instance instead states that compelling reasons will only be considered if entering the bus lane was unavoidable.

This is plainly wrong, because compelling mitigation might have nothing to do with the contravention at all: obvious examples include a motorist who has been diagnosed with a terminal illness and been given only weeks to live, a motorist who has suffered the death of an immediate relative such as a son or daughter, a motorist who was fleeing a domestic violence situation and was more concerned with not being attacked by a violent ex-partner than by bus lane regulations, the list is endless. None of these circumstances would compel the authority to cancel the PCN, but they are plainly circumstances that the authority would be required to take into account, and yet the PCN wrongly conveys that mitigation of that sort would not be considered.

It follows that the PCN fails to substantially convey the meaning of regulation 5(2)(b)(ii) of the Appeals Regulations, that is a procedural impropriety on the basis of which the PCN must be cancelled.

The council will appreciate that in light of these deficiencies, it would be wholly unreasonable for the authority to pursue this matter any further.

Yours faithfully,



Thanks so much in advance! Please let me know if I can provide anything else that would be helpful smile.gif

This post has been edited by StrangeBishop: Sun, 19 Mar 2023 - 18:27
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 3)
Advertisement
post Sun, 19 Mar 2023 - 18:27
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Wed, 22 Mar 2023 - 00:27
Post #2


Member


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



That draft has had some success, but it would be helpful to say something about the contravention if we can. Post the PCN number & number plate so that we can take a look at the video.


--------------------
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
StrangeBishop
post Sun, 2 Apr 2023 - 21:03
Post #3


New Member


Group: Members
Posts: 2
Joined: 19 Mar 2023
Member No.: 119,433



QUOTE (cp8759 @ Wed, 22 Mar 2023 - 00:27) *
That draft has had some success, but it would be helpful to say something about the contravention if we can. Post the PCN number & number plate so that we can take a look at the video.


Thanks Cp8759, I'm not sure how I missed your reply! Sorry for the slow response.

Number plate and PCN are as follows:

GJ69 RZK
LS86012752
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 5 Apr 2023 - 19:41
Post #4


Member


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



Can't see anything in the video that helps. Have you made a representation?


--------------------
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

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: Friday, 29th March 2024 - 08:00
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