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laidbackfreak
Hi guys, I have received the following PCN. Initially I thought I'd strayed into an incorrect bus lane, following the mayors latest trial to allow bikes into bus lanes. So looked at the Road Markings etc for faults and I believe the road is incorrectly marked.

http://img23.yfrog.com/g/59537847.jpg/

Google :-

http://tinyurl.com/38zrgoq


But having looked closer at the video the reason I moved across is due to a police van approaching from the rear with its lights and sirens on. You can see this clearly and indeed the cars etc in front of me all moving across too.



So I intend to appeal but need some advice on how to phrase it. Any of you guys able to help? Or indeed offer further advice?



Cheers :-)

DancingDad
I'd send an informal challenge in before end of 14 day discount period.... if nothing else it will extend thinking time.

Keep informal challenge simple and to the facts...no point gold plating it with everyting as chances are it will be rejected even if it had a note from Boris with it.

Along lines of.

There could be no contravention as the only reason I was in the bus lane was to avoid obstructing an emergency vehicle on emergency call.
Your video clearly shows this and the emergency lights of the police van approaching from behind.
I was simply being a good driver and obeying the instructions of a police officer to get out of the way.
Thanking you in advance for the prompt cancellation of the PCN

Luv and kisses xxx
laidbackfreak
Thats pretty much what I've done, sent\emailed an informal appeal at this stage saying I moved over to let a emergency vehicle past and moved back out when it was safe to do so.

Lets see what happens and how long it takes eh
philmorgan
From: Bus Lanes.com:

Case 27 - Vehicle moving into bus lane due to emergency vehicle

In this case the appellant stated that he moved into the bus lane upon hearing an emergency siren. The video footage was poor and a clear view of the traffic was obscured. The appellant produced a witness who was also in the car at the time. The red route traffic order for the site provides that the prohibition does not apply "if the vehicle enters or stops in a bus lane to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety" The appeal was allowed.

You are allowed to enter a bus lane in an emergency or to allow an emergency vehicle to pass.



strollingplayer
Could do with the PATAS case reference for that.
Bogsy
I think it reasonable to argue that the PCN fails to comply with section 4(3)(g) of the London Local Authorities Act 1996. I do not think the PCN state's the effect of paragraph 2 of Schedule 1 .

The PCN advises that an Enforcement Notice will give the grounds under which formal represenation can be made. This would only seem to partly satisfy the effect of paragraph 2(1) of Schedule 1 but ignores the other effects of paragraph 2.

See how Merton word their PCN and how it gives the effect of paragraph 2 in a manner that I suspect is correct. I think a PCN needs to inform what the formal grounds for appealing are prior to the Enforcement Notice so that a person can make a reasoned judgement on whether their circumstances qualify for making a formal appeal or whether they should take advantage of the discounted rate.





laidbackfreak
Figured I'd take a few pictures while I await the decision from the informal appeal :-











laidbackfreak
Just recieved a letter in the post this am saying they have accepted my representations and have cancelled the PCN :-)

cheers guys :-)
DancingDad
Excellent.
bama
Nice.

please post up the (scrubbed) letter so we can see their 'reasons'.
laidbackfreak
They don't give any reasons just accpet "my representations"

I sent this email as an informal appeal :-

"I am writing to appeal the above PCN issued on 11/08/2010.

Upon receipt of the PCN I initially thought I had made a mistake in
understanding the current trial of allowing motorcycles into the bus lanes.

However, upon viewing the video and photographic evidence presented, it is clear
that I moved into the bus lane in order to allow an emergency vehicle pass.
Other vehicles in the video can also clearly be seen doing the same thing.

The video evidence also shows that I am boxed in along the route by the
emergency vehicle and other road users and that I return to the road once these
have passed and it is safe for me to do so.


I am therefore appealing against this PCN based on the fact that I moved into
the bus lane purely to allow the emergency vehicle to pass me, and I did not
remain in the bus lane any longer than was necessary.


I look forward to your favourable response."

and received this reply :-
bama
Thanks for that.


I wonder if the other vehicles got PCNs in the post (fair bet they did)
and if the council has now canceled those - fair bet they haven't
strollingplayer
Press them on it for the reasons, and ask them that given that you have seen the incident, and they have seen it, and the person that authorised the original PCN must have seen it, why that person issued the PCN in the first place. Also ask them whether the PCNs issued to the other vehicles that also moved over have been cancelled as well.
laidbackfreak
I did wonder if the other cars in the lane would've been issued pcn's I was at the end of the line so guess the easiest target. Having reviewed the video again an seen the photo of my number plate I figure it must've been possible to get the others as well.

Very tempted to follow it up and ask why it was issued in the first place and charge them for wasting my time dry.gif
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