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Bus Lane Contravention - Oxford Street
notsquonk
post Fri, 2 Nov 2018 - 00:11
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Hello again

NotSquonk again am afraid and once again it was other half driving into Manchester on evening of 16th Oct to take daughter to the theatre.

Have checked video already and it is clear that she turns left at the lights onto Oxford Street.

It looks like MCC have improved the service of their PCNs as I have been sitting on this for a week or more (sorry for delay).

So, what am wondering about is poor signage, especially on turning left onto Oxford Street at this point. Does anyone know if there are any 'No left turn onto Oxford Street' signs at this location? I hardly ever visit Manchester these days other than on the tram.

Laptop battery about to expire. Will scan their letter and post ASAP.

Key dates/info though:
detection date: 16/10
PCN posting: 19/10 (received c. 23/10)
Contravention: Bus Lane - Oxford Street (Whitworth Street West to Chepstow Street)

By my calculation I have until Tuesday 6th to respond.

Many thanks in advance.

Regards
NotS
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post Fri, 2 Nov 2018 - 00:11
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Angry_motorist
post Thu, 3 Jan 2019 - 10:49
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Has there been any further developments with this?

I performed the same manoeuvre last night around 18:45 so am expecting to receive a fine in the post.
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notsquonk
post Thu, 10 Jan 2019 - 13:57
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Hi all

Have today received a notification. Was through gritted teeth that I opened it as since Christmas my finances have taken a hit in unexpected ways (in addition to the expected ones) and so figured news would probably be bad.

Well, no answer just yet. Here's what it said (think verbatim is OK in this instance):

"Please be advised that there will be a delay in issuing the decision in your case. This is because Adjudicator has recently undertaken a site visit to review the signage at this location. The Tribunal has therefore put your case on-hold until a decision is made, following which the Adjudicator will decide how your appeal should proceed. We will keep in-touch with you about your appeal by placing a further message on your case. In the meantime, the Council will not enforce the penalty charge whilst the matter is under consideration by the Adjudicator."

Of course, will let you know. Methinks maybe a trip into town to check current state of signage is due.

Regards
ns
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Mark-1
post Tue, 12 Feb 2019 - 02:26
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Hi

I was wondering if there is an update on this as I had a similar situation that I want to take to TPT


Regards


Mark
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notsquonk
post Sun, 10 Mar 2019 - 13:22
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Hi there

Had another delayed decision message from the tribunal, paraphrased below as a precaution! NB arrived in Inbox withing the last 'month' iykwim


... be advised that after a site visit the Adjudicator issued decision allowing specific appeals at this location on grounds signage inadequate. MCC exercising right to challenge/asked for review ... further delay therefore.
Thereafter adjudicator will decide case ... Penalty charge not enforced until then. etc., etc.,

rgrds
TPT


Will advise of outcome

Cheers
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cp8759
post Sun, 10 Mar 2019 - 13:46
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QUOTE (notsquonk @ Sun, 10 Mar 2019 - 13:22) *
Hi there

Had another delayed decision message from the tribunal, paraphrased below as a precaution! NB arrived in Inbox withing the last 'month' iykwim


... be advised that after a site visit the Adjudicator issued decision allowing specific appeals at this location on grounds signage inadequate. MCC exercising right to challenge/asked for review ... further delay therefore.
Thereafter adjudicator will decide case ... Penalty charge not enforced until then. etc., etc.,

rgrds
TPT


Will advise of outcome

Cheers

The review has been completed and is published here: http://bit.ly/2NMY5gU
Are you sure there hasn't been a follow up message? If not, email the tribunal and ask them what's going on, your case should no longer be on hold.


--------------------
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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notsquonk
post Mon, 25 Mar 2019 - 10:37
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Hi all

Email received from Tribunal this morning. Response below.
Success on this occasion definitely down to the forum and help from cp8759. Wasn't at all certain of my chances prior to consulting. Many thanks.

Regards
ns


PCN MCnnnnnnnn
Mr Xxx Yyyyyy, you have won this appeal.

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

This is because the alleged bus lane contravention did not occur.
Adjudicator's reasons
1. Mr Yyyyyy says that the signs fail to adequately convey the restrictions.
2. I have read the findings of the Adjudicator Mr Knapp in MC01044-1808 about the signs for the bus gate located at Oxford Street, between Whitworth Street West and Chepstow Street.
3. I have considered the photographs in the current appeal and whilst I am not required to follow Mr Knapp’s decision, I do so because I agree with it in this case.
4. I therefore find that the signs were not adequate and the appeal is allowed. Mr Yyyyyy has nothing to pay.
5. If either party wishes to see a full copy of Mr Knapp’s decision they should contact the Tribunal Administration.
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