Alleged Bus Lane Contravention: London Road - Bus Gate Sheffield Options

[omml]

Dear guys,

I'd appreciate any advice on this.

I just got a Bus Lane Penalty Charge Notice. I knew I was going to get it as I realized I was on the bus lane but I did not do this in purpose. I'm not familiar with the area and was looking for an address, then I just followed the car in front which later realised it was a bloody taxi!

I think if a bit distracted trying to find an address is easy to get caught in this one:
Here it is the link on google street and google maps:
https://www.google.com/maps/@53.3652178,-1....3312!8i6656
https://www.google.com/maps/@53.3649663,-1....#33;3m1!1e3

Here is the letter I got:
https://drive.google.com/file/d/1lzlF3GbKn2...iew?usp=sharing
https://drive.google.com/file/d/1FWfx-GUZ7j...iew?usp=sharing

I did an appeal online telling them the same, that did not do this in purpose, that I'm not familiar with the area, that I was looking for an address and did not realize about the bus lane as followed the car in front and that probably being it at night did not help.

I just the following Notice of Rejection of Representations:
https://drive.google.com/file/d/1YAY0L0Mc7O...iew?usp=sharing
https://drive.google.com/file/d/1ak3aypCmGA...iew?usp=sharing
https://drive.google.com/file/d/16ho09VMzh6...iew?usp=sharing


Other people have been caught in this one but for different reasons, like having a divert signal pointing suggesting they should follow the bus lane, but was not my case (1, 2)

What are your views or recommendations?

Thanks in advance!

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[PASTMYBEST]

15th of April is the last day to submit I can have a look on Tuesday bump the thread then

Hey PASTMYBEST, bumping the thread, please don't leave me hanging . Now I can't pay the reduced fee Thanks!

OK will not leave you hanging, but I am up against it timewise because I will be off forum for a week after tomorrow.

This is what you should do.

register you appeal with TPT. The grounds for appeal are that the contravention did not occur and the penalty exceeds the relevant amount in the circumstances of the case. In the evidence box write full submission to follow. TPT will register your appeal and you will be given a case number, at a later date they will tell you when you need to submit your appeal by tell us as soon as you get this.

Hey PASTMYBEST, I registered the appeal the same day I got your first response here. Now I have to explain my appeal according to this text:

Explain your appeal
Be as specific as you can, please include dates, times and locations where possible (500 word limit). If you wish to add a longer explanation you may do so by uploading it as evidence (see below).

Here are screen captures of where I've been since then:
https://drive.google.com/file/d/1zYtZIY04A4...iew?usp=sharing
https://drive.google.com/file/d/1uLij8qU9z9...iew?usp=sharing
https://drive.google.com/file/d/1kmsYuCjixZ...iew?usp=sharing
https://drive.google.com/file/d/162Uye26Q_F...iew?usp=sharing

Should I copy your text as it is?

Also got some emails from them telling me that I should complete the appeal but I haven't done as was waiting for help:

Good afternoon
Further to our recent email, I note in our system that your appeal is still showing as incomplete so the Tribunal are unable to start processing it and consider it for registration.
In order for you to submit the appeal, and prevent you creating another case, please either :
visit our website www.trafficpenaltytribunal.gov.uk and click on ‘Sign in to my appeal’
or
use the link below (or cut and paste it in to your browser) which should take you to the sign in screen in order for you to submit the appeal.
https://foam.trafficpenaltytribunal.gov.uk/
If, perhaps, you are waiting for evidence to attach to your case, you can submit your appeal now and add additional evidence at a later date.
If you are experiencing problems submitting your appeal online and would prefer us to send you a paper appeals form to complete, please let us know either by email or on 0800 160 1999.
If you have paid the PCN and no longer wish to continue with your appeal, could you please advise us of this be replying to this email.
Best regards,
Olivia Bligh
Customer Liaison


Thanks!

Have you got a date by which to submit? I will have a look in the morninh

[omml]

15th of April is the last day to submit I can have a look on Tuesday bump the thread then

Hey PASTMYBEST, bumping the thread, please don't leave me hanging . Now I can't pay the reduced fee Thanks!

OK will not leave you hanging, but I am up against it timewise because I will be off forum for a week after tomorrow.

This is what you should do.

register you appeal with TPT. The grounds for appeal are that the contravention did not occur and the penalty exceeds the relevant amount in the circumstances of the case. In the evidence box write full submission to follow. TPT will register your appeal and you will be given a case number, at a later date they will tell you when you need to submit your appeal by tell us as soon as you get this.

Hey PASTMYBEST, I registered the appeal the same day I got your first response here. Now I have to explain my appeal according to this text:

Explain your appeal
Be as specific as you can, please include dates, times and locations where possible (500 word limit). If you wish to add a longer explanation you may do so by uploading it as evidence (see below).

Here are screen captures of where I've been since then:
https://drive.google.com/file/d/1zYtZIY04A4...iew?usp=sharing
https://drive.google.com/file/d/1uLij8qU9z9...iew?usp=sharing
https://drive.google.com/file/d/1kmsYuCjixZ...iew?usp=sharing
https://drive.google.com/file/d/162Uye26Q_F...iew?usp=sharing

Should I copy your text as it is?

Also got some emails from them telling me that I should complete the appeal but I haven't done as was waiting for help:

Good afternoon
Further to our recent email, I note in our system that your appeal is still showing as incomplete so the Tribunal are unable to start processing it and consider it for registration.
In order for you to submit the appeal, and prevent you creating another case, please either :
visit our website www.trafficpenaltytribunal.gov.uk and click on ‘Sign in to my appeal’
or
use the link below (or cut and paste it in to your browser) which should take you to the sign in screen in order for you to submit the appeal.
https://foam.trafficpenaltytribunal.gov.uk/
If, perhaps, you are waiting for evidence to attach to your case, you can submit your appeal now and add additional evidence at a later date.
If you are experiencing problems submitting your appeal online and would prefer us to send you a paper appeals form to complete, please let us know either by email or on 0800 160 1999.
If you have paid the PCN and no longer wish to continue with your appeal, could you please advise us of this be replying to this email.
Best regards,
Olivia Bligh
Customer Liaison


Thanks!

Have you got a date by which to submit? I will have a look in the morninh

It doesn't mention, but in the Notice of Rejection of Representations it mentions: You should appeal within 28 days of delivery of this Notice of Rejection (usually 2 working days after the Notices of Rejection date above - our website explains this)".

From what you have written I understand the grounds will be based on this as a date is not clearly specified?

Thanks

[PASTMYBEST]

You will need to add the case number and your name in the parts mark xxxxxxxxxxxxxx in the appeal and also download the two attached cases


https://1drv.ms/f/s!AtBHPhdJdppVrwY1IZgWP8jDYbwo

[omml]

You will need to add the case number and your name in the parts mark xxxxxxxxxxxxxx in the appeal and also download the two attached cases


https://1drv.ms/f/s!AtBHPhdJdppVrwY1IZgWP8jDYbwo

Thanks PASTMYBEST, I really appreciate your help. Currently unemployed and searching for a job so this helps.

I wonder if it'd be worth to organize ourselves, driving feels like being a mouse in the middle of thousands of traps, people is so worried of being caught that even don't drive on bus lanes when it is fine to use them provoking more traffic. I know a few people infringe traffic signals in purpose but for those few the rest have to deal with these situations.

I'll post in here the result. Hope you have a nice break from the forums!

[omml]

Hey PASTMYBEST,

Hope you are ok. The local authority has provided more evidence, here are the files:

https://drive.google.com/file/d/1Bd9MuHzh1b...iew?usp=sharing

They also shared this web link:
https://tro.trafficpenaltytribunal.gov.uk/s...ority=Sheffield

Yesterday I got this email from the Traffic Penalty Tribunal:

Dear Mr

The authority uploaded its evidence on your case. There are a couple of actions for you to take now.

1. Review the authority evidence

Please review the evidence. You have 7 days to add your own evidence and comments if you wish to do so.

2. Confirm how you wish your case to be decided by choosing ‘select decision options’

There are two ways for this decision to be made:

Option A: I would like the adjudicator to decide my case now: The appeal will be decided by the adjudicator without a telephone hearing. Select ‘request decision’.
Option B: I would like a telephone hearing: Tell us about your preferred times and select ‘submit hearing request’. We will then contact you to arrange a date and time for a telephone hearing.

Please note that if you do not make a request within 7 days of this email the decision will be made without a telephone hearing.

If you have any queries you can also call the Freephone number below.

Kind regards,

Traffic Penalty Tribunal
Freephone: 0800 160 1999*
*Please note that all calls are recorded for quality and training purposes.

I was thinking on deciding for Option A, is that the best option or it is better to have the hearing?

Thanks

[PASTMYBEST]

cant open your onedrive link

[cp8759]

cant open your onedrive link

I've re-uploaded everything here: http://bit.ly/2UEjt9W

If you still can't access it I can email you the files, they're not that big.

[PASTMYBEST]

The authority are required to furnish a true copy of the PCN and a copy of your representation and the notice of rejection. I cannot see the PCN or NOR. Also there should be a page entitled case summary, we need that

cant open your onedrive link

I've re-uploaded everything here: http://bit.ly/2UEjt9W

If you still can't access it I can email you the files, they're not that big.

Thanks CP

[omml]

Hey PASTMYBEST,

Yes, they provided a copy of the PCN and the NOR. I didn't include them as they are exactly the same as the ones I shared before, probably links stopped working so I put new links:
PCN
https://drive.google.com/file/d/1lzlF3GbKn2...iew?usp=sharing
https://drive.google.com/file/d/1FWfx-GUZ7j...iew?usp=sharing

NOR
https://drive.google.com/file/d/1YAY0L0Mc7O...iew?usp=sharing
https://drive.google.com/file/d/1ak3aypCmGA...iew?usp=sharing
https://drive.google.com/file/d/16ho09VMzh6...iew?usp=sharing

They also provided again the pictures and the video, here are links for video again in case they stopped working:
https://drive.google.com/file/d/1SwZrrXTXVv...iew?usp=sharing

I had not notice the Authority Information->Authority Summary part, but now I found it and here it is:

The appellant has made a number of points and provided additional evidence with his appeal submission. The Council would comment as follows:- • The camera captured the appellant’s vehicle as it travelled through the bus gate, as the camera is situated facing on-coming traffic the restriction sign plates cannot be seen in the CCTV Footage. Library photos of the signage can be seen in evidence item 20, it can be seen from these photographs that the restriction sign plates are lit and comply with the Traffic Signs Regulations and Directions. The advisory sign on the approach to the bus gate is made of reflectorized material which can be seen by both headlight and street lighting. The library photos also show that the signage is in close proximity to street lighting columns. The video clip enclosed as evidence shows that the restriction sign plate facing the junction with London Road was lit. • Case [2006] EWHC 2357 (Admin) – this case is for parking contraventions in the London Borough of Barnet and refers to decriminalised parking legislation, this is not applicable to bus lane contraventions. • Case KP05045K - this Adjudication case refers to a parking contravention issued by Kent County Council, the decision in this case is not applicable to a bus lane contravention. • The appellant has stated in his original representations that he was unfamiliar with the area in which the bus gate is situated and therefore found it easier to follow the vehicle in front adding that this along with it being at night he found it hard to notice the signal. The video clips shows the appellant’s vehicle following a taxi which are exempt from the bus gate restrictions, the appellant’s vehicle did not slow down at the give way junction with but continued across the junction and through the bus gate. Even if the appellant has not taken note of the advisory sign on the approach to the junction, and the direction arrow on the carriageway, had he stopped or slowed down at the give way junction he would have seen the lit bus gate restriction signs. • The Bus Lane Penalty Charge Notice gave the appellant the option to pay £60 or make representations before the end of the period of 28 days beginning with the date of service of the notice, to pay £30 if paid before the end of the period of 14 days beginning with the date of service of the notice. It is the Council’s policy to allow payment of the discounted charge if representations are rejected and if representations are received within the 14 day discount period. The Notice of Rejection gave the appellant the opportunity to pay the discounted charge within 14 days, the full charge within 28 or to appeal to the adjudication service. As the appellant has chosen to appeal further the option to pay the discounted charge has been lost and should the appeal be dismissed the full charge of £60 will be payable.

A comment to clarify to you is, yes, I didn't do a full stop but slowed down.

Thanks

cant open your onedrive link

I've re-uploaded everything here: http://bit.ly/2UEjt9W

If you still can't access it I can email you the files, they're not that big.

Thanks cp8759


This post has been edited by omml: Fri, 26 Apr 2019 - 21:46

[omml]

Hey guys,

Wonder what you would recommend about whether having a telephone hearing or not?

Thanks!

[PASTMYBEST]

Hey guys,

Wonder what you would recommend about whether having a telephone hearing or not?

Thanks!

Do you feel confident enough that you fully understand the arguments and could answer questions on them? if so go for a telephone hearing, if not let the adjudicator decide on the papers.

[omml]

Hey guys,

Wonder what you would recommend about whether having a telephone hearing or not?

Thanks!

Do you feel confident enough that you fully understand the arguments and could answer questions on them? if so go for a telephone hearing, if not let the adjudicator decide on the papers.

Ok, thanks!

[omml]

Dear Guys,

I got a response and won the case. Thanks PASTMYBEST (the council should thank you as well as they know they have to improve their wording).

Here is the text:

Mr xxxxxx, you have won this appeal.

There is nothing to pay and the authority will cancel the penalty charge

Adjudicator's reasons

1. I have had the opportunity of considering the written representations made and the evidence that has been presented in this matter.
2. The Appellant raises two grounds of appeal in this matter. Firstly, he argues that the signage at the location did not provided sufficient information with regards to the bus lane restriction. In particular he challenges the sufficiency of the signage on the basis of a lack of illumination.
3. Secondly the Appellant argues, by means of a collateral challenge, that the notice of rejection of representations document is not sufficiently compliant with the requirements of the relevant Bus Lane Regulations and therefore the appeal should be allowed. I note that this ground of appeal is under an incorrectly worded title in the grounds of appeal document that the Appellant has submitted. I have not decided this appeal on the grounds that the penalty exceeds the relevant amount in the circumstances of the case because, when one considers the substance of this section in the grounds of appeal document, this is clearly not the basis on which the appeal is advanced.
4. The law requires that signage must be adequate to inform road users about a restriction. In considering adequacy an adjudicator must take into account whether the signs were compliant with national regulations (the Traffic Signs Regulations and General Directions - TSRGD) and guidance in the Department for Transport’s Traffic Signs Manual - TSM. If the signage does not meet this minimum standard, in other words if the signage is inadequate, an adjudicator may allow an appeal on the basis that there was no contravention.
5. The markings and signs do not have to be in perfect condition. A minor irregularity will not invalidate the restriction so long as when looked at as a whole the markings and sign do not fail to inform (R v the Parking Adjudicator and Sunderland City Council ex parte Herron [2011] EWCA Civ 905).
6. I have considered both the photographic evidence at item 20 in the evidence section of FOAM and the video footage from the CCTV camera provided by the Council. The photographic evidence shows the condition and location of the signs in September 2018. Although this contravention occurred in January 2019, some three and a half months later, I am satisfied that they accurately reflect the signage at the time of the contravention.
7. The bus lane has advanced warning signs warning a motorist of the upcoming restriction. Although advance warning signs are not required by statute and their form are not prescribed, it follows that the greater the warning given to a motorist of an upcoming restriction the more likely it is that they will be able to comply with it. The advance warning sign erected on London Road provides adequate information of the restriction. It is clear in the information it conveys and is accompanied by road markings that indicate the direction that other traffic should take to avoid using the bus lane.
8. The bus lane itself is signified by the traditional blue roundel signs that have been erected on either side of the road. These are clear, unobstructed and in good condition and in accordance with the TSRGD. Contrary to the Appellant’s suggestion, there is a light above each sign that can be seen in the photographs. The light can in fact can be seen as a white glowing image in the footage captured by the CCTV. I am satisfied that the signs are properly illuminated and can be seen by a motorist at night.
9. The bus lane signs are accompanied by road markings that state “Bus, Taxi, Cycle (logo) only”. These can be seen in the video footage and were in good condition on the evening in question.
10. There is no evidence provided by the Appellant, over and above his bare assertions, that contradicts or challenges the Council’s evidence in relation to the condition of the signage on the night in question.
11. Having considered the evidence presented I am satisfied that the signage provided adequate information of the bus lane restriction.
12. I turn now to the collateral challenge regarding the wording of the notice of rejection of representations.
13. The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 state that a notice of rejection of representations must state a number of things. Included within regulation 10(4) it states that a NoR must state:
(4) A notice of rejection shall—
(a) state the reasons for the authority’s decision;
(b) state that an appeal against the imposition of the penalty charge may be made to an adjudicator within the appeal period;
© …;
(d) describe in general terms the procedure for making an appeal;
(e) …;
(f) …; and
(g) state that unless, before the end of the appeal period—
(i) the penalty charge is paid; or
(ii) an appeal is made to an adjudicator against the imposition of the penalty charge, the authority may increase the penalty charge by 50 per cent and take steps to enforce payment.
14. The appeal period is defined in regulation 14(4) as:
(4) The notice of appeal shall be delivered to the proper officer within the period of 28 days
beginning with the date of service of the notice of rejection (“the appeal period”).
15. The date of service is defined in regulation 2(5) as:
(5) References to the service of a document include service by post and, in determining for the purposes of these Regulations the date on which a notice or other document is served by post, it shall be presumed that service of a notice sent by first class post was effected on the person to whom it was addressed on the second working day after the day on which it was posted.
16. As can be seen, the date of service is clearly defined as being the second working day after the day on which a document was posted. No reference is made in the regulations to a date in accordance with when a document is actually delivered or received. This is so as to provide certainty as to when time frames commence and when replies, representations or appeals must be made.
17. The notice of rejection has repeatedly within it phrases similar to “You have 28 days from the date of this letter being served (delivered) to do this.” The use of the phrase delivery is not contained within the Regulations and provides confusion to an otherwise simple concept.
18. It could be argued that a person who receives a notice on the day after it was posted, and a day before the date of service, gains an advantage from the concept of service. That is not an argument which I have to decide in this case and there is no evidence placed before me in relation to when the notice of rejection was actually received. In addition, the question of whether prejudice was caused or not is not an issue that affects the concept of substantial compliance.
19. The use of the phrase “delivered” is not permitted by the Regulations. The Regulations state that a Notice of rejection of representations “shall state that…”. I do not consider this to mean that the literal words of the Regulations must be included within a notice of rejection. Rather the substance and meaning of the regulation must be conveyed to an appellant. Nowhere within the Regulations is the concept of delivery of a document used as part of the appeals process. The notice of rejection of representations as drafted is not substantially compliant with the terms of the Regulations.
20. Often Councils provide the definition of service within their notices of rejection and PCNs. Sheffield City Council have not included this within their notice of rejection. However, their PCN does contain the phrase “This Notice is deemed to have been served on the second working day after the day of posting as shown above (unless you can show that it was not).” The Regulations require a PCN to state that the PCN may be paid within 28 days and that other actions may also be taken by the motorist within the 28 day period.
21. However, this Council’s PCN does not contain within the document a date of posting. The term “date of issue” is used but this may not be the same as the date of posting. The phrase “date of issue” may convey a different date to “date of posting”. A motorist looking at this document is unable to work out when any 28 day period takes effect due to the different terminology used. Once again I find that the wording of the penalty charge notice is not substantially compliant with the relevant Regulations.
22. To amend the wording of the PCN and NoR is a relatively simple and straightforward process that the Council should undertake.
23. For the reason outlined above Mr xxxxxx succeeds in his appeal on the basis of the collateral challenge in relation to the penalty charge notice and notice of rejection of representations.
24. I allow the appeal.
25. I direct the Council to cancel this Penalty Charge Notice.
26. No payment is required from Mr xxxxxx.

Best wishes

[omml]

Here is the pdf file.

 Decision.pdf ( 143.5K ) Number of downloads: 59


Best wishes.