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Alleged Bus lane Contravention Oxford road (charles street to Brancaster Road), Alleged Bus lane Contravention Oxford road (charles street to Brancast
CYRIL
post Mon, 17 Jun 2019 - 17:40
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Hi Guys,
My other work colleague received a bus lane contravention fine.

Detection date 07/06/2019

Date of Penalty Charge Notice 12/06/19.

I am not sure about the signage on that road, I have not been on this road, just checked Google and I think the signage is not clear meaning it needs to be on the road, as there are too many other signs, traffic lights, so make it more confusing if you new in the area.

I don't go Manchester anymore for this reason, as you are not familiar with the area and the last thing you want is stress and more expense.

What is likely chance of appealing the Bus lane ticket on Oxford road (charles street to Brancaster Road)

https://imgur.com/DEoi6lf
https://imgur.com/oZ8Wfun
https://imgur.com/91SYr4v
https://imgur.com/fljmsZ3
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post Mon, 17 Jun 2019 - 17:40
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PASTMYBEST
post Mon, 17 Jun 2019 - 17:59
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We have not seen an appeal lost since the Watkins case


https://1drv.ms/b/s!AtBHPhdJdppVqkNx3g8q3GPKWApV


CP has a good draft representation


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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cp8759
post Tue, 18 Jun 2019 - 11:30
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I would keep this short and simple, the council will reject but eventually the tribunal will start making awards for costs (though I have a skeaking suspicion they might only start once the Watkin case is a year old). Send them a copy of this http://bit.ly/2TKSfyu together with the representation below.

-------------------------------------------------

As the signage was inadequate, the alleged contravention did not occur. At the time of the alleged contravention, I saw no bus lane signs, there were no advance warning signs and there was nothing that gave a reasonably observant motorist warning that they are entering a bus lane. There are too many signs, traffic lights and so on, this makes the layout confusing if you new in the area.

I have since learnt that the tribunal ruled the signage at this location to be inadequate, I refer you to the decision in Watkin and others v Manchester City Council (MC01044-1808, 29 January 2019) which you have unsuccessfully attempted to have overturned.

In light of the consistent decisions of the tribunal over several months, it would be wholly unreasonable to pursue enforcement any further. The outcome of an appeal to the tribunal is as close as it can get in these sorts of matters to a foregone conclusion, as none of the issues identified by the tribunal have been rectified since the site visit of adjudicator Knapp. There is simply no reason to believe that the tribunal would suddenly and out of the blue change its view on the adequacy of the signage, at least until the council does something to improve the layout.

It follows that rejecting this representation and causing the case to go to the tribunal would be wholly unreasonable, as well as a waste of everyone's time.


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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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CYRIL
post Tue, 18 Jun 2019 - 12:23
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Hi Cp8759,
I will keep it short and simple.

I will attached the file http://bit.ly/2TKSfyu the four paragraph and send it off to MCC.

I will keep you posted of the outcome
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CYRIL
post Wed, 19 Jun 2019 - 10:29
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This is what I sent to MCC Appeal, said 21 Days for a reply.

Dear Sir/ Madame,
As the signage was inadequate, the alleged contravention did not occur. At the time of the alleged contravention, I saw no bus lane signs, there were no advance warning signs and there was nothing that gave a reasonably observant motorist warning that they are entering a bus lane. There are too many signs, traffic lights and so on, this makes the layout confusing if you new in the area.

I have since learnt that the tribunal ruled the signage at this location to be inadequate, I refer you to the decision in Watkins and others v Manchester City Council (MC01044-1808, 29 January 2019) which you have unsuccessfully attempted to have overturned.

In light of the consistent decisions of the tribunal over several months, it would be wholly unreasonable to pursue enforcement any further. The outcome of an appeal to the tribunal is as close as it can get in these sorts of matters to a foregone conclusion, as none of the issues identified by the tribunal have been rectified since the site visit of adjudicator Knapp. There is simply no reason to believe that the tribunal would suddenly and out of the blue change its view on the adequacy of the signage, at least until the council does something to improve the layout.

It follows that rejecting this representation and causing the case to go to the tribunal would be wholly unreasonable, as well as a waste of everyone's time.

Please see attached Pdf file of previous case and appeals and the Adjudicator mentioned the signs are hopeless and the bus lane contravention did not occur.

Kind Regards
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