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enimga1
Hi All

I wasn't sure whether to post in the thread I was reading or post it here, so I decided to post it here (note: Admin please merge if you I was suppose to post in the thread I was reading)

I was commuting on a motorbike

I just got two PCN for failing to comply with a prohibition on certain types of vehicles. This is in the Bank junction area of London and potentially might get more coming through my post, because I commute the same direction pretty much for the last 2 weeks, since I started working near Bank, I even commuted through the same spot this morning. I usually pay attention to the bus and cycle sign, but I was really shocked when I saw the video so I had to google it to notice the section I am been fined on.

I was going to share the video but it's the exact same video as the one on this thread Link to similar thread and link to the video the only difference is that my bike was shown in the video. Link to similar video as mine

Now I am expecting more letters to come through with more PCN, surely their must me a ground to appeal as it would be silly for me to go through the same sign on purpose and it really not something I'd notice, usually you get signs on the road surface to indicate that you are travelling on bus lane, since it's restricted to a certain time only, it's really confusing what then makes this any different to bus lanes with marking on the road and sign showing what time it's active.

Any help would will be much appreciated.

I have attached the two PCN here

Link to images

Link to still image from cctv


Google Map Link
stamfordman
As you probably saw there are many cases of this on the forum and there has been success in appealing but I'm not sure where we are in City improving things from its point of view.

You are right to start a new thread.

Post the first PCN (use a site such as Imgur) and the video.

There can be a case made that you've only been made aware of the restriction on getting the first PCN and the others then get cancelled.

However, this is one of the most high profile junctions in the country.

enimga1
QUOTE (stamfordman @ Tue, 21 Aug 2018 - 19:35) *
As you probably saw there are many cases of this on the forum and there has been success in appealing but I'm not sure where we are in City improving things from its point of view.

You are right to start a new thread.

Post the first PCN (use a site such as Imgur) and the video.

There can be a case made that you've only been made aware of the restriction on getting the first PCN and the others then get cancelled.

However, this is one of the most high profile junctions in the country.


Thanks for the reply, I have updated the original post with the details and screenshot of the pcn letter.
PASTMYBEST
This case provides the info for what is one of the stronger points of appeal


2180198194

Representations are made by Mr Dogan on the basis that the signage in Lombard Street does not comply with the requirements of the Traffic Signs Regulations and General Directions 2016. The appellant refers to a decision of Adjudicator Edward Houghton appeal 2170469229. In that appeal the Adjudicator initially adjourned the appeal and asked the City of London to explain why the legend Bus Gate was not on the carriageway. The Enforcement Authority did not reply. The appeal was allowed on the basis that the requirement for the legend Bus Gate was mandatory. No application for review was made.
In this appeal the local authority argues that the legend Bus Gate is not mandatory because there is no link from the Route for Bus and Cycle Only sign in the Traffic Signs Regulations and General Directions 2016. The case summary does not refer to Schedule 9 Part 5 para 1 TSRGD 2016 which provides that the information etc. of a description in column 2 of an item in the sign table in Part 6 “must” be conveyed by a road marking shown in column 3. The legend bus gate is one of the items in column 3 of part 6 of Schedule 9.

Item 15 of the sign table in part 6 contains the description ” Road or part of a road with access permitted only for buses and other vehicles when so indicated by any of the signs at items 10, 33 to 35 and 37 to 40 in the sign table in Part 2 of Schedule 3”.

The restricted access of that type in the present case is indicated by a (permitted variant of) a sign to Diagram 953 shown in the Schedule 3 Part 2 sign table at item 33.
I find that the Traffic Signs Regulations and General Directions 2016 state that the bus gate legend is mandatory.
The local authority refers to a decision of Adjudicator John Lane. I am not bound by the decision of any Adjudicator. In this case I follow the decision of Adjudicator Edward Houghton.
The appellant was well aware that the restriction was in operation and to that extent the appeal has little merit. Previous Penalty Charge Notices issued to the appellant had been cancelled.
I am satisfied that the bus gate requirement is mandatory therefore I must allow this appeal.
enimga1
Just as I was suspecting.

I just received another one today, I am expecting to see more coming through the post up until the date of my original post.

What's the best cause of action here, to appeal saying I have only just been made aware of the sign, in order for them to cancel all the upcoming one and the ones I have received then offer to pay one fine. Or completely appeal it.

I suspect the people that deal with this appeal matter at the council probably don't sense and all they are about is revenue so they might not take my statement as genuine.

Any help will suffice, I simply can't afford to pay £65 for every single day of commute.

Link to the new PCN
Mad Mick V
OP---you have put in a link to a successful case. Use the key appeal drafts in that thread separately for each of your PCNs----don't bundle them together and don't offer to pay or seek mitigation--keep with the wording shown in the other thread and you should be OK.
Find another route or drive through when the restrictions are not in force.

Mick
enimga1
Yes thank you I will do that.
I just received another two this morning, I have no problem finding another route, I have been using another route since I first got the letter.
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