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Coventry - "Whittle Arch" Hales Street Bus Lane.
Pastit
post Wed, 14 Feb 2018 - 13:44
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Hello all, just got a PCN from Coventry City Council for this notorious location for drivers unintentionally ending in an insufficiently signed bus lane.

The PCN is addressed to me as the registered keeper but my wife was driving at the time, I wasn't in the car. There's an omission in my full name, with part of the surname missing, but the address is correct.

I attach scans of the notice. I understand they have been adding more details to the PCNs for this location over time to try make them legally compliant, so I'm not sure if this one is 100% correct. I think the text misleads the reader into thinking that making any representations is incompatible with the reduced charge.

My problem with this is that the signing is insufficient and it is well known for failing to prevent drivers from unintentionally driving into the bus lane, thus defeating its purpose as a safer zone for buses and cyclists. Obviously having the council be responsible for both the effective signing and collecting the money from fines at the same time is quite clearly a dysfunctional situation.











This is the first (tiny) sign we see at a very busy bus stop. Needless to say that it's not visible from a car's driving seat when a bus is there, which is VERY frequently.


Here we can see no road markings leading to the bus lane. Certainly nothing compliant with the traffic signs manual. So if there's a bus on the bus stop, you won't have seen anything until you're in the edge of the bus lane.




I want to make representations on the basis of insufficient signing. There are about 150 cars per day unintentionally driving into this particular bus lane. It is next to the popular Transport Museum, so it attracts many drivers not familiar with the area who entirely rely in proper signing to avoid contraventions.

Any advice on the most effective way to do this and/or any formal flaws on the PCN itself will be greatly appreciated.



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post Wed, 14 Feb 2018 - 13:44
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Pastit
post Wed, 9 May 2018 - 09:17
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Ok thanks. What did you mean by "re set the penalty to standard charge"?. I understand I'll be receiving a court order for payment (order of recovery). Looking at this:

Appeal against a penalty charge notice

It's a matter of filling in form PE3 (for a bus lane type contravention). The form says:

"You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee."

Which can be done at some County Court Hearing Centre? And once that's done I send it to the Traffic Enforcement Centre.

What happens after that? I'm just trying to anticipate and get ready to action this quickly and correctly. The Council definitely ignored my reps, no chance I missed any letters. They must be doing this on purpose to avoid formally admitting a problem with the signing of this bus lane.
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PASTMYBEST
post Wed, 9 May 2018 - 10:45
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QUOTE (Pastit @ Wed, 9 May 2018 - 10:17) *
Ok thanks. What did you mean by "re set the penalty to standard charge"?. I understand I'll be receiving a court order for payment (order of recovery). Looking at this:

Appeal against a penalty charge notice

It's a matter of filling in form PE3 (for a bus lane type contravention). The form says:

"You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee."

Which can be done at some County Court Hearing Centre? And once that's done I send it to the Traffic Enforcement Centre.

What happens after that? I'm just trying to anticipate and get ready to action this quickly and correctly. The Council definitely ignored my reps, no chance I missed any letters. They must be doing this on purpose to avoid formally admitting a problem with the signing of this bus lane.


doing it quickly and correctly do not always go hand in hand.

what will happen is that the TEC will revoke the charge certificate and order for recovery. The council must then refer to the adjudicator for direction. most likely this will be to set a date for appeal. You will be notified and can then appeal in the normal course.
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Pastit
post Mon, 14 May 2018 - 14:02
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I have just received the email reply below from Coventry City Council. They're saying they did respond to my reps, but I never received anything and I've never ever missed any letters that I know of.

Any thoughts?




Dear Sir/ Madam

Thank you for your email.

I can confirm that we received your representation on the 18/02/2018 and we also responded to your Representation by post on the 29/03/2018 to the below address.

(address is correct)

The response to Representations is always vie post even if you made the Representation via the website. As there was no payment received and there was not any appeal made to the Traffic Penalty Tribunal the Penalty Charge Notice continued to progress further.

Unfortunately if you would like to appeal the Penalty Charge Notice you would need to wait for the Penalty Charge Notice to progress further and wait for the next set of forms PE2/PE3 to be issued to yourself. Once you receive theses then you can make an In Time Witness statement provided you meet the grounds.

Please keep in mind you that would need to get the forms endorsed by a Solicitor Or Lawyer as this is a moving contravention and then return these back to the Traffic Enforcement Centre. If it gets accepted then you can pay the £70 or make another Representation. If it is not accepted then the Penalty Charge Notice will continue to progress further. Also for your information the Penalty Charge Notice increase by £8.00 making it £98.00.


On behalf of


Customer Services
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Tyler_Durden
post Tue, 5 Jun 2018 - 12:55
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How did this pan out as I've recently received a PCN at the same spot as the OP
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