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Bus Lane Penalty - worth protesting?, Only 2 wheels in lane, no buses, no queue of traffic etc.
rs1982
post Fri, 23 Aug 2019 - 20:20
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Bus Lane Penalty - worth protesting?

Only 2 wheels in lane, no buses, no queue of traffic etc.


See images below of the Bus Lane Enforcement Charge Notice...


Pic 1: https://ibb.co/3F9qkQn

Pic 2: https://ibb.co/GP4QjLp



Thanks in advance for all your help.
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post Fri, 23 Aug 2019 - 20:20
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Incandescent
post Fri, 23 Aug 2019 - 20:48
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Road seems clear, so why go partially into the bus lane at all ? What distance did you proceed partly in the bus lane ? Certainly the only appeal argument that comes to mind is "de minimis". The PCN may contain fatal errors, of course, but I'm not up-to-speed on Scottish bus lane law and regulations.

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stamfordman
post Fri, 23 Aug 2019 - 20:54
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Post the video.

Put videos on Youtube, Imgur or such like.
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PASTMYBEST
post Fri, 23 Aug 2019 - 21:40
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The council say they will serve a charge certificate, but the regs only allow that they may. But lets see the video. That ground is well accepted in England but is untested in Scotland


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rs1982
post Fri, 23 Aug 2019 - 22:19
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It says that you are able to view the video online prior to paying the charge notice, but as I went through the process it simply wanted to take my card details. I followed the process right until the 'Pay Now' button and there was no way whatsoever to view or download the video of the incident.

The link which says this is below:

http://www.edinburgh.gov.uk/info/20278/par..._charge_notices

QUOTE (PASTMYBEST @ Fri, 23 Aug 2019 - 22:40) *
The council say they will serve a charge certificate, but the regs only allow that they may.


Does this suggest that they are prejudicing the result, by effectively saying that a law has been broken, in a notice which is only supposed to allege such?
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rs1982
post Sat, 24 Aug 2019 - 11:25
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Can anyone offer any further advice as regards the video being impossible to source?
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cp8759
post Mon, 26 Aug 2019 - 01:18
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PM me the PCN details and I'll have a look.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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rs1982
post Tue, 27 Aug 2019 - 08:08
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QUOTE (cp8759 @ Mon, 26 Aug 2019 - 02:18) *
PM me the PCN details and I'll have a look.


Hi,


I tried to PM you but it said your inbox is full?

Regards
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cp8759
post Tue, 27 Aug 2019 - 16:15
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QUOTE (rs1982 @ Tue, 27 Aug 2019 - 09:08) *
QUOTE (cp8759 @ Mon, 26 Aug 2019 - 02:18) *
PM me the PCN details and I'll have a look.


Hi,


I tried to PM you but it said your inbox is full?

Regards

Try again now


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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cp8759
post Tue, 27 Aug 2019 - 20:30
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Here's the video: https://www.youtube.com/watch?v=3o_4qIl2d10

I have to say it doesn't look good, you pass a vehicle turning right which is fine but then you never move back to the traffic lane. The camera doesn't show the which is here https://www.google.co.uk/maps/@55.955377,-3...3312!8i6656 I think that's because of the curve in the road, so you could check it's still there and visible.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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PASTMYBEST
post Tue, 27 Aug 2019 - 20:48
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I would give this a shot, we do not have much t go on from the Scottish tribunal, but they seem to be a pragmatic lot and that was not the mischief the restriction was designed to prevent


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