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Bus lane - mitigating circumstances rejected, Got a ticket for driving in a bus lane - mitigation refused.
Twistededge
post Wed, 12 Dec 2018 - 15:07
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I was with a friend on my way from my home to his, travelling between Tower Bridge and Greenwich down Jamaica Road. The friend is an insulin dependent diabetic.

He started to have a hypo (low blood sugar) - and considering the traffic I made the judgement call to drive down the bus lane to get to Surrey Quays Shopping Centre so I could park and get him some fast acting carbs etc.

This was on the 28th October, but I did not receive the PCN until the 19th November! (it's dated correctly, so probably the fault of the post)

I appealed on the grounds of mitigation, which they rejected - I only received the rejection letter today!

They acknowledged the late arrival of the PCN, but this has not phased them.

I can no longer challenge it as their rejection only arrived today - way beyond the 28 days from the original "offence".

This all seems really unfair rolleyes.gif


This is the rejection letter - I'll upload the original PCN and my appeal once I find them...


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This post has been edited by Twistededge: Wed, 12 Dec 2018 - 15:08
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post Wed, 12 Dec 2018 - 15:07
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peterguk
post Sat, 26 Jan 2019 - 15:30
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QUOTE (Twistededge @ Wed, 12 Dec 2018 - 15:07) *
This was on the 28th October, but I did not receive the PCN until the 19th November!


So properly served within 28 days.


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cp8759
post Sat, 26 Jan 2019 - 17:20
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Do you have a receipt or a bank statement to show what fast acting carbs you purchased? If yes this should be included.

At the top of your friend's letter, add the following text:

This statement (consisting of X pages) is true to the best of my knowledge
and belief and I make it knowing that, if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be
false, or do not believe to be true.




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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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Twistededge
post Sun, 27 Jan 2019 - 23:11
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QUOTE (cp8759 @ Sat, 26 Jan 2019 - 17:20) *
Do you have a receipt or a bank statement to show what fast acting carbs you purchased? If yes this should be included.


Someone already asked that earlier, but no I paid cash and ran back out of Tesco as quick as I could.

QUOTE (cp8759 @ Sat, 26 Jan 2019 - 17:20) *
At the top of your friend's letter, add the following text:

This statement (consisting of X pages) is true to the best of my knowledge
and belief and I make it knowing that, if it is tendered in evidence, I shall be
liable to prosecution if I have wilfully stated in it anything which I know to be
false, or do not believe to be true.

He's already written one, but I guess I could get him to amend it if, in people's experience, think it would make a difference.

It sounds a bit too formal though - I mean, we're not lawyers and I don't want to come across like I'm trying to exploit loopholes.
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cp8759
post Mon, 28 Jan 2019 - 11:07
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QUOTE (Twistededge @ Sun, 27 Jan 2019 - 23:11) *
It sounds a bit too formal though - I mean, we're not lawyers and I don't want to come across like I'm trying to exploit loopholes.

It's a standard paragraph that signifies your friend is aware of the consequences of telling porkies. As your case is wholly dependent on the credibility of you and your friend, you don't want to leave any scope for people to think that you've just made it up.


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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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Twistededge
post Sun, 3 Mar 2019 - 17:30
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So, a few weeks later and my official appeal has been rejected!

I've not looked at this for a couple of weeks as it's just proved a bit stressful, but I guess it's time to face it before I run out of time...

It's like they have completely ignored my case for mitigation, for a second time, as demonstrated in the letter below:

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The issue I am now facing is this section at the bottom of the tribunal procedure - that mitigation is not considered to be sufficient grounds...


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Does that mean it's over and there's nothing else I can do? huh.gif

This post has been edited by Twistededge: Sun, 3 Mar 2019 - 18:43
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cp8759
post Sun, 3 Mar 2019 - 22:40
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Where there is a medical emergency, a contravention of the bus lane regulations does not occur (because the law recognises a defence of duress of circumstances). Therefore the adjudicator can allow an appeal on the basis that there was no breach of the bus lane regulations.

On top of this, failure to consider mitigation properly also gives the adjudicator grounds to allow the appeal.

For now, register your appeal on the London tribunals website and just write "detailed grounds to follow" in the reasons box, this will buy us a couple weeks to prepare your case properly. In the meantime, post up a copy of what you sent to the council, and a copy of your friend's witness statement, so we can start working on the wording of your appeal.


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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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Twistededge
post Sun, 3 Mar 2019 - 23:03
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I will do that - thank you smile.gif
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Twistededge
post Sun, 3 Mar 2019 - 23:15
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Well...

The Environment and Traffic Adjudicators does not accept online appeals for tickets issued by Transport for London. You should complete the appeal form sent to you with the notice of rejection and post to London Tribunals, PO Box 10598, NOTTINGHAM, NG6 6DR.

So I can't register it online and have to send the form off by post - I'll start filling it in on the basis of requesting a personal hearing.

The friend I was travelling with really isn't well enough to attend any hearing - apart from his diabetes he uses a mobility scooter most of the time and can hardly get up a single flight of stairs. I actually had a previous private ticket of a time I helped carry his shopping in! :/

This post has been edited by Twistededge: Sun, 3 Mar 2019 - 23:42
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cp8759
post Sun, 3 Mar 2019 - 23:38
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Well you have till 19th March to register your appeal so we have a bit of time. As I said, show us what you sent to the council, including you friend's statement.


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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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Twistededge
post Fri, 8 Mar 2019 - 14:38
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OK sorry for the delay -- this has all been a bit overwhelming to be honest so I'm addressing it in small chunks.

I sent in two pieces of writing, one from me and one from my friend. I also submitted an "annual review" request from his GP as evidence of his diabetes (do you need me to scan this as it doesn't mention the actual case?)

==============================

This is a transcript of my letter...

QUOTE
25th Jan 2019

REFERENCE 123456789

Dear Sir / Madam

I am appealing mitigation for the PCN 000000000

This statement is true and accurate to the best of my knowledge, and I am fully aware I shall be liable to prosecution if I have wilfully stated anything I know to be otherwise.

At the time of the alleged contravention I was on my way from my home near Tower Bridge to drop a friend at his home in Greenwich - some time into this journey he became very ill.

My passenger, Mr XXXXX XXXXXXXX, suffers with insulin dependent diabetes, and at the time in question suffered sudden and unexpected hypoglycaemia (an extreme drop in blood sugar, commonly called a “hypo”) and slumped down into the car, almost unconscious.

When someone with diabetes is undergoing this type of emergency, it is vitally important to receive fast acting carbohydrate (glucose) in order to raise blood sugar levels and return to full consciousness.

Without intervention there was a risk of diabetic coma – and while I am not a medical professional, I did know it was of utmost importance to attend to the emergency promptly.

We were stuck in a serious and unusual traffic jam, and as such I made a judgment call to use the bus lane to quickly reach what I deemed to be the nearest safe area; Surrey Quays Shopping Centre about half a mile or so ahead.

Doing so enabled me to get and administer the glucose he needed urgently so he could return to full consciousness.

As such, I appreciate you taking the time to review this, and would be very grateful if you could please cancel this PCN because of unavoidable mitigating circumstances.
Notes:

1. I have included a letter from my passenger to confirm this.
2. I have included evidence of his condition in the form of a recent communication from his GP.

Yours Faithfully


This is a transcript of the letter he wrote:

QUOTE
23rd January 2019

Dear Sir / Madam

This is to confirm that I was a passenger in the car belonging to Mr xxxx xxxxxxx on the evening of 28th October 2018.

I am a diabetic and have been for many years – this means I am prone to suffering severe and unpredictable drops in my blood sugar (hypoglycaemia) which can cause me to lose consciousness – if untreated it can potentially lead to diabetic coma.

When this occurs I need fast acting carbohydrate in the form of glucose, and this was the case on the night in question.

xxxx xxxxxx is aware of my condition, and needed to find the fastest route to a safe place (Surrey Quays Shopping Centre) where he could make sure I was OK.
I am very grateful he made the decision he did.

Yours Faithfully


Hopefully this can help me smile.gif
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cp8759
post Sat, 9 Mar 2019 - 01:09
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bump tomorrow and I'll draft and appeal for you.


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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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Twistededge
post Sat, 9 Mar 2019 - 12:58
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QUOTE (cp8759 @ Sat, 9 Mar 2019 - 01:09) *
bump tomorrow and I'll draft and appeal for you.

Appreciated, thank you very much smile.gif
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cp8759
post Sat, 9 Mar 2019 - 21:39
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Download the grounds of appeal below (do not edit online using google docs, it causes formatting issues), add in your real name and the real name of Mr X, and change all the text to black before printing off.

Grounds of appeal: http://bit.ly/2VKBLXS

Also include all of the following with your appeal (you might want to put this on a DVD as it would be a lot of stuff to print - see guidance at https://www.londontribunals.gov.uk/about/su...ng-evidence-dvd):

1) London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator [2006] EWHC 2357 (Admin): http://bit.ly/2EYc4gN
2) ECHR thematic report: http://bit.ly/2ESMyIW
3) Low blood sugar (hypoglycaemia) - NHS: http://bit.ly/2CdDM7x
4) Hypoglycemic neuronal death is triggered by glucose reperfusion and activation of neuronal NADPH oxidase - J Clin Invest. 2007 Apr 2; 117(4): 910–918: http://bit.ly/2Hb2Noi
5) Hypoglycemia, functional brain failure, and brain death - Hypoglycemia, functional brain failure, and brain death - J Clin Invest. 2007;117(4):868-870: http://bit.ly/2XIdNOV

Depending on his physical health, you might want to see if Mr X can also provide a short video statement, I don't think it's really necessary but it could be the cherry on top.


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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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Twistededge
post Sun, 10 Mar 2019 - 00:43
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Again, thank you -- I'll get onto this right away smile.gif
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Twistededge
post Thu, 14 Mar 2019 - 11:33
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Just about to send this off.

Printed all the paperwork / statements / evidence

Requested a face to face hearing - although this in itself is a pain in the backside and I'm hoping TFL concede before it gets that far.

Paperclipped and sorted all the statements and documents into sections and added a table of contents

There's enough paperwork here to blow anyone's mind ohmy.gif



Again, I'm very grateful for the help here. smile.gif

This post has been edited by Twistededge: Thu, 14 Mar 2019 - 14:10
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cp8759
post Thu, 14 Mar 2019 - 14:01
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If you printed it all you might want to collate it into a bundle, an index is almost mandatory when you have that many printed pages so I made one: http://bit.ly/2O4Q5HW

The downside is you'll have to manually write the page numbers (unless you happen to be a solicitor with access to trial-bundle drafting software). You might want to include the documents in a ring-binder or a lever arch file. Personally I would have gone for a DVD even though I have a laser printed, but who knows, maybe TFL will give up in light of the weight (literally) of the evidence.


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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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Twistededge
post Thu, 14 Mar 2019 - 14:12
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Yes, that looks better than my attempt.

Again, thank you.
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Twistededge
post Tue, 16 Apr 2019 - 10:04
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Just a quick update question...

I haven't heard anything back about the appeal yet.

However, I've just received a red bill from TFL increasing the penalty to £195.

Is it safe to ignore this?

This post has been edited by Twistededge: Tue, 16 Apr 2019 - 10:05
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John U.K.
post Tue, 16 Apr 2019 - 10:48
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QUOTE (Twistededge @ Tue, 16 Apr 2019 - 10:04) *
Just a quick update question...

I haven't heard anything back about the appeal yet.

You posted it in 14th March??
How??
1st Class at Post Office with proof of posting?
Contact (phone) the tribunal now and ask if received.
Tell us the result of your enquiries.
You should have had letter from tribunal.


However, I've just received a red bill from TFL increasing the penalty to £195.

Is it safe to ignore this?


NO!!!
Post all sides of this document here.

IF appeal was registered, you should not have had a charge certificate.

Others will advise further when they see LT's response and the TfL "red bill".

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Twistededge
post Tue, 16 Apr 2019 - 11:21
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I've just spoken to the Appeals people on the phone and they told me they have received my appeal.

HOWEVER, and my bad I guess, apparently I forgot to sign it! rolleyes.gif (although I'm sure I did, so I might have signed the wrong bit)

They told me they wrote to me, but I never received anything, so they've now emailed with something to sign and email back to them!



This is the red warning letter, but it seems the reason for it was a mixture of my fault and bad postal service. dry.gif



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This post has been edited by Twistededge: Tue, 16 Apr 2019 - 11:48
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