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Lambeth Road - Bus Lane Fine - Motorbike (34J)
tallenuk
post Tue, 14 Jul 2020 - 18:40
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Hi,

I recently got a 34J for being in the bus lane on Lambeth road on my motorbike (see the bottom 3 images provided with the 34J). Unfortunately found out about your forum a little too late, had submitted the following informal appeal (which was rejected):

"I wanted to make clear that the bus lane sign is somewhat obscured by a potted plant in front of the sign (before the bus lane camera, see Bus Lane 1.jpg. This was taken from the middle of the road today). In addition to this motorcycles are allowed in all surrounding boroughs / roads (See bus lane 2-6, again taken today). As a motorcyclist, we are already incredibly vulnerable road-users and to be punished in this way for missing this element of a sign when surrounding areas permit motorbikes is unfair in my view.

In addition to this, from the pictures it appears to me that I was passing slow moving traffic towards the middle of the lane and it is clear that I am towards the far right of the lane / returning to the right lane by the last photo.

Many thanks and happy to discuss this further via email/phone
"

Was wondering if any of you would take this further? So mad how all roads in surrounding areas allow motorbikes in the bus lane, literally a 1 min drive away and you're allowed in the bus lane. Feels almost like entrapment. Should have based my case off the plant obscuring the sign I know now (see top right image)...

Also I have not been provided any video footage (when you try to view the video you just get a red cross, tried on multiple computers and browsers), only those 3 photos (the other photos are my own which I used in the appeal).

Figure I'm probably bang to rights, but thought I'd ask. Man it makes me so angry I've emailed my MP + every councillor in Lambeth.

This post has been edited by tallenuk: Tue, 14 Jul 2020 - 19:23
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post Tue, 14 Jul 2020 - 18:40
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John U.K.
post Wed, 26 Aug 2020 - 12:15
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QUOTE
will get this sent off


Post 1st class at Post Office and get proof of posting (free).
Keep hard copy for yourself.
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tallenuk
post Wed, 2 Sep 2020 - 17:26
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Council turned down my appeal and offered me the discount again. Recommend taking this to a tribunal or accept the discount?
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John U.K.
post Wed, 2 Sep 2020 - 17:41
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Please post up the rejection letter.
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Rob232
post Wed, 2 Sep 2020 - 21:48
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QUOTE (tallenuk @ Tue, 14 Jul 2020 - 18:51) *
This was the reply I got back

"I have read the details of your letter and I am satisfied that the PCN was issued correctly and that there are no grounds for
me to cancel it. This letter is issued as a rejection of your challenge.
...
Please be advised that scooters and motor bikes are not allowed in bus lanes in Lambeth.
....
"


This is quoted from post #2 of this thread, the NOR
Scooters and motorbikes are allowed in bus lanes in Lambeth, see https://www.google.co.uk/maps/@51.4936688,-...6384!8i8192 which is just past the roundabout.
They did not tell the truth.


--------------------
Please read the sticky here http://forums.pepipoo.com/index.php?showto...t&p=1755543 before posting a new case, or possibly after you posted it so that you can edit it. In any event, please read it.
Thanks
QUOTE (cp8759 @ Mon, 27 Feb 2023 - 18:31) *
Never, ever go for a postal decision.

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stamfordman
post Wed, 2 Sep 2020 - 21:57
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QUOTE (Rob232 @ Wed, 2 Sep 2020 - 22:48) *
Scooters and motorbikes are allowed in bus lanes in Lambeth, see https://www.google.co.uk/maps/@51.4936688,-...6384!8i8192 which is just past the roundabout.
They did not tell the truth.


They did. You've posted a TFL red route. Lambeth do not control red routes.
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cp8759
post Thu, 3 Sep 2020 - 13:25
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QUOTE (Rob232 @ Wed, 2 Sep 2020 - 22:48) *
QUOTE (tallenuk @ Tue, 14 Jul 2020 - 18:51) *
This was the reply I got back

"I have read the details of your letter and I am satisfied that the PCN was issued correctly and that there are no grounds for
me to cancel it. This letter is issued as a rejection of your challenge.
...
Please be advised that scooters and motor bikes are not allowed in bus lanes in Lambeth.
....
"


This is quoted from post #2 of this thread, the NOR
Scooters and motorbikes are allowed in bus lanes in Lambeth, see https://www.google.co.uk/maps/@51.4936688,-...6384!8i8192 which is just past the roundabout.
They did not tell the truth.

No, you need to show us the actual letter, not a transcript. Take pictures and put them up on here so we can check it properly, this is because errors in the rejection letter can give you additional grounds of appeal. Just cover up your name and address.


--------------------
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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tallenuk
post Sat, 3 Oct 2020 - 09:38
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I took this to appeal and won! Thanks guys! smile.gif Will post up all the rest of the docs soon to this post.

This appeal was listed for hearing before me today the appellant's attendance at the hearing being
achieved via telephone. The contravention alleged in these proceedings was that this vehicle, a bike,
was in a bus lane. The appellant referred to the difficulties motorcyclists faced when seeking to
identify whether they could use a particular bus lane in London they being able to do so in some
cases but not in others. Clarity of signage was thus on his case particularly important. He submitted
that signage at the start of the bus lane had been twisted around as shown in the image he provided
that photograph he said being taken a week after he received the PCN he thus arguing that the bus
lane was not clearly signed. No signage was visible on the council's video footage of the incident. Its
images of signage provided at category J were undated. Against that background and given the
photographic evidence provided by the appellant I was not satisfied that the council had proved that
this bus lane was clearly and correctly signed at the time of the incident and I was thus unable to find
that the contravention had occurred.
Andrew Harman

This post has been edited by tallenuk: Sun, 4 Oct 2020 - 10:05
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Incandescent
post Sat, 3 Oct 2020 - 11:46
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Well done !!
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