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PCN - Havering, bus lane, code 34, 34 - Driving in bus lane within restricted period
linasp
post Mon, 2 Mar 2020 - 13:01
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Hello all,

I have recently received penalty for bus lane contravention on the car I have passed down to the family member. In short, it seems that contravention did occur and the family member in question is happy to pay reduced amount of £65. However, I wanted to check if there is anything a miss with PCN itself and if there is any reason or possibility to succesfully appeal it.

As I understand the situation was as follows - the white van has cut off the driver in question and when he beeped the van has further "brake checked" him. He passed the van via bus lane at the earliest opportunity, sort of "road rage" situation (and I am not advocating either party) - nothing really to justify the contravention, just a background.

Below I have attached the PCN, the only few niggles I have with it are following:
  • The picture is the PCN is a bit of joke (totally black) - I cannot even see the shape of the car there. Are they not suppose to send the picture where you can clearly see both number plate and the car commiting contravention?!
  • PCN states - "car make: unknown" - shouldn't they know that/state it on PCN?
  • It states dagenham road (rainham) - it is not really an issue with PCN per se but the name is a bit misleading due to weird road naming convention in Dagenham/Rainham. You see - there is Dagenham road in Dagenham and Dagenham road in Rainham, which is sometimes called Rainham road, sometimes Dagenham road ... and there are as well Rainham Roads in both Dagenham and Rainham. Added to the fact that bus lane rules varies across all four roads it becomes important to actually know where it happened. In short - combined with unclear image and the road names which does not make sense it was very hard to find the place where contravention actually happened. Even with the images from the council page and video it took us good 20 minutes going through the roads on streetview to actually find the location. I realised that there are lon and lat later, but that is kind of advanced to expect from regular pundit to understand what they are and how to use them. To actually find the location one needs to convert 1>lon0.17845/lat51.5321 2> lon51.5321/lat0.17845 3> 51°32'06.8"N 0°10'42.4"E which then takes to actual Location

Just to save you time on google maps - at the actual location the bus lane times is "at all times" and I cannot see anything wrong with neither the sign, nor the road marking. Please let me know if any of above points means anything (when it comes to appeal) or should it be considered acceptable.

See PCN below:




Images from council website as they are (very poor quality)- I would like to note that both are unclear, in one you cannot see VRN, in the other you cannot see the car, so even if presented together I feel like they fail to prove that the car in question is the car they claiming to have recorded. Perhaps they have further images which are not available to me, but from what they have shared it seems like there is a "missing link":


Sorry for "potato" video, but it only opens on legacy internet explorer and there is no way to download it (that I know), except of filming it off the screen and uploading to youtube:
Video

Any opinion would be welcome and thank you in advance!

This post has been edited by linasp: Mon, 2 Mar 2020 - 13:03
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post Mon, 2 Mar 2020 - 13:01
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linasp
post Thu, 13 Aug 2020 - 13:45
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Hi yes, I sworn it and sent it off on Tuesday + funny conversation which bible to use with solicitor smile.gif
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southpaw82
post Thu, 13 Aug 2020 - 15:37
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QUOTE (linasp @ Thu, 13 Aug 2020 - 14:45) *
funny conversation which bible to use with solicitor smile.gif

Old or New? huh.gif


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Neil B
post Thu, 13 Aug 2020 - 16:21
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QUOTE (southpaw82 @ Thu, 13 Aug 2020 - 16:37) *
QUOTE (linasp @ Thu, 13 Aug 2020 - 14:45) *
funny conversation which bible to use with solicitor smile.gif

Old or New? huh.gif

Well it was a bit dog eared but perhaps he'd done a lot of SDs recently. biggrin.gif


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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linasp
post Thu, 13 Aug 2020 - 16:26
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QUOTE (southpaw82 @ Thu, 13 Aug 2020 - 15:37) *
QUOTE (linasp @ Thu, 13 Aug 2020 - 14:45) *
funny conversation which bible to use with solicitor smile.gif

Old or New? huh.gif

No he just asked me if I am religious and I was surprised why he is asking that, because I forgotten that it it requires "proper" swearing like in the court. I guess my reaction to that question was funny as I didn't expect it.
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southpaw82
post Fri, 14 Aug 2020 - 21:40
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QUOTE (linasp @ Thu, 13 Aug 2020 - 17:26) *
No he just asked me if I am religious and I was surprised why he is asking that, because I forgotten that it it requires "proper" swearing like in the court. I guess my reaction to that question was funny as I didn't expect it.

I ask (just like he did) because people can choose to swear (on a religious text) or affirm (no religion at all). I think it’s only polite to ask.


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