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Slough bus lane PCN rejected but could I win on appeal?, Bus Lane PCN
HiHoSilver
post Wed, 6 Nov 2019 - 15:38
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Notice of Rejection arrived recently (via email only and after a month and a half).
My challenge was on the grounds of being forced into the bus lane as I came off the roundabout by aggressive tailgating driver right behind me.

I spotted velji's success with his Slough Bus lane PCN back in July/August. His grounds for representation were that the PCN was noncompliant with regulations because information required by law was not on the PCN so the PCN could not be enforced.
Slough Bus Lane PCNs are defective

I checked my Slough Bus Lane PCN and heyho! it omits the same information that is required to be on the PCN under the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005.

I will now have to go to appeal if I choose to fight on. Can I use this defence as the basis of my appeal? (I used a different argument for the challenge which they of course twisted around in their rejection).

It looks straightforward to me if the PCN is defective. Just wanting to know if it's ok to change tack here (I didn't know about it at the time of my challenge).

Any advice on this is appreciated. Thank you.

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sledge1uk
post Thu, 12 Dec 2019 - 14:44
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Hi Ho silver You seem to have studied the bus lane in detail but the key Q is why is it there in the first place and moreover 24/7 as encountered only a single bus in 45 mins. I have just put to Cabinet Member for Sustainable Transport & Environmental Services in e mail yesterday. so bombard him as it appears to be more about generating income than obstructing ghost bus flow its rob.anderson@slough.gov.uk; rob.anderson@slough.gov.uk <rob.anderson@slough.gov.uk
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post Thu, 12 Dec 2019 - 14:44
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Neil B
post Fri, 13 Dec 2019 - 00:02
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QUOTE (sledge1uk @ Thu, 12 Dec 2019 - 14:44) *
but the key Q is why is it there in the first place and moreover 24/7 as encountered only a single bus in 45 mins.

In relation to challenging PCNs, no, it has no basis whatsoever. Your personal opinion on whether there should be such a restriction
is worthless.
You can of course lobby against it, as you have but as for PCNs, no.


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

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