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Bus Lane Fine Cleveland Street Wolverhampton
MPJ77
post Thu, 12 Oct 2017 - 08:02
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Hello I wonder if anyone could please assist me, I've been issued a fine for accidentally driving in a bus lane as above (with photographic evidence). I've attached a picture from Google Streetview of the entire length of my wanton lawbreaking, the lights where it ends are about foot off the right hand side of the screen. Is there any kind of discretionary distance or have they frankly got me bang to rights. Many thanks for any help anyone can give me.
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post Thu, 12 Oct 2017 - 08:02
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PASTMYBEST
post Thu, 12 Oct 2017 - 10:58
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we need to see all the documents and the video post them please
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MPJ77
post Thu, 12 Oct 2017 - 14:18
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Hi thanks for response, copy of letter received attached.






This post has been edited by MPJ77: Thu, 12 Oct 2017 - 14:20
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PASTMYBEST
post Thu, 12 Oct 2017 - 14:29
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QUOTE (MPJ77 @ Thu, 12 Oct 2017 - 15:18) *
Hi thanks for response, copy of letter received attached.






the bus lane is not 100% as regards markings but it's close enough that you would not win at adjudication because of it.You need a technical argument, and a strong one so show us ALL pages as requested


https://www.google.co.uk/maps/@52.5832307,-...3312!8i6656

This post has been edited by PASTMYBEST: Thu, 12 Oct 2017 - 14:29
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MPJ77
post Thu, 12 Oct 2017 - 15:28
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The only other thing in the envelope was the standard appeal template as attached, I certainly don't have any video. Got half a mind to chalk it up to experience it just seems draconian for a simple mistake. Thanks in advance for any advice.



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PASTMYBEST
post Thu, 12 Oct 2017 - 15:44
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It tells you top right of the PCN about viewing. That paragraph alone could win for you. it should say

that the recipient may, by notice in writing to the authority, request them—

(i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed;
or

(ii) to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention

they later go on to state that they will issue a charge certificate. the regulations allow only that they may

read post 57 here to see why this is important

http://forums.pepipoo.com/index.php?showto...00003&st=40

As regards the contravention you are bang to rights
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Incandescent
post Thu, 12 Oct 2017 - 16:41
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So, essentially, you have the makings of an appeal based on "technicalities". Nothing wrong with that, but the council are extremely unlikely to give way on such an appeal, so you'd have to take it to the Traffic Penalty Tribunal. You lose the discount option if you appeal all the way. There have been wins on the argument presented by PMB, but it will be a gamble, as you are bang-to-rights on the contravention. Some adjudicators will decide the PCN is substantially compliant, and refuse the appeal.
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