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Contravention 47, Stopped on a restricted bus stop or stand
MaxLib
post Sun, 10 Nov 2019 - 19:44
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Hello everybody.
Yesterday I was notified by post of an alleged contravention happened in Grant Way, SW11 (in front of Clapham Junction station).
I briefly stopped there to let some passengers alight, it must have been 30/40 seconds in total.

Googling around I found a previous post on this forum claiming a winning appeal because the council didn't provided the TMO and the bus stop wasn't clearly showing a red line. (It is a single yellow line indeed) and that there is no photographic evidence of the time restriction. (it can also be seen on google maps)

http://forums.pepipoo.com/index.php?showtopic=99074

http://forums.pepipoo.com/index.php?s=&...t&p=1261910

I attach pictures of the PCN and photographic evidence

https://ibb.co/K7LLVWf
https://ibb.co/hfrvFht
https://ibb.co/cwtJt50

Do you think there is any ground for an appeal, considering also the previous won appeals?

Thanks in advance


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post Sun, 10 Nov 2019 - 19:44
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cp8759
post Sun, 10 Nov 2019 - 20:33
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Bus stops don't need a TMO, they're enforceable under section 36 of the Road Traffic Act 1988. And even if a TMO were needed it would be a massive gamble to hope the council would simply mess up the evidence pack at the tribunal stage, 99% of the time the correct TMO is provided where one is required.

The bus lane marking is correct as per item 9 of the table here: http://www.legislation.gov.uk/uksi/2016/36...e/7/part/4/made

For future reference there's an exemption for stopping on single and double yellow lines to allow passengers to board or alight, if you'd stopped just a few feet ahead (past the end of the bus stop markings) you would have been ok. But I see no basis to challenge this penalty.


--------------------
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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Incandescent
post Sun, 10 Nov 2019 - 20:43
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Sorry to have to say it, but you are totally bang-to-rights on this one. Clearly you are not up-to-speed on "restricted bus stops". Based on the street on the PCN, you would seem to have stopped here, outside the entrance to Clapham Junction station: -

https://www.google.co.uk/maps/@51.465449,-0...33;8i8192?hl=en

The sign is here: -

https://www.google.co.uk/maps/@51.4653811,-...33;8i8192?hl=en

Restricted bus stops is a "No Stopping" restriction, indicated by a broad yellow line and the relevant sign. Boarding and alighting passengers is not an exemption, (except for the buses, of course !!)

If you had stopped on the single yellow line just beyond the bus stop, you would be able to claim the board/alight passengers exemption.

Payment of the discount looks the best option at the moment.

This post has been edited by Incandescent: Sun, 10 Nov 2019 - 20:45
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