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Full Version: PCN for driving in a bus lane in Bath
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
VWGolfMK3UK
Well I've got a PCN for driving in a bus lane. It was on a Sunday and in Bath where the road network is baffling enough as it is and I didn't even realise it was a bus lane until I got the letter through.

Haven't had one of these before so if somebody could have a read through the images enclosed and let me know if they can see any potential for getting out of it. Hope I've done everything right.




http://i41.tinypic.com/18zvno.jpg



http://i40.tinypic.com/nsvgw.jpg

Google Maps doesn't really do much to help my case unfortunately:

http://maps.google.co.uk/maps?f=q&sour...156.96,,0,12.25

Google Maps
dawmdt
Better qualified proper experts will hopefully be along to advise but I would say the TWOC representation was clearly fettered ("tick this box if your vehicle had been stolen")... your scans make it very hard to read the PCN by the way, I had to really strain to see that. It's possible if the rest was legible there may be further grounds of appeal.
bama
please redo the pictures and this time use close up mode so that they are in focus.

sounds like its a fettered TWOC for sure

For fettered TWOCs I would say use something like this - the first two paras are taken straight from the Operational guidance so they will have a bit of trouble shooting them down:-

That the vehicle had been permitted to remain at rest in the place in question
by a person who was in control of the vehicle without the consent of the owner.


This ground for representations covers stolen vehicles, and vehicles which
were not stolen but which were used without the owner’s consent. It may
apply in limited circumstances where a vehicle was being used by a member
of the owner’s family without the owner’s consent, such as where the family
member has no permission to use the vehicle and has taken the keys without
the owner’s knowledge.


The NTO restricts the grounds to theft and so mis-states my legal position and is non-compliant.
Tomsta
Check out my thread (you're the last person to post on it) & jennyj's thread (search for BANES). It's all been covered on these 2 threads.

I think rather than copying my challenge word for word, you'd be better to "personalise" it a bit. Plus it's a different bus lane!

If you've got the time, ask BANES for the TRO for this Bus Lane. I'd not be surprised if some or all of the BANES are non compliant. I asked them for the TRO but funnily enough they've never got back to me.
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