Hi chaps,
Have been fighting a PCN from Lambeth and thought I'd get some thoughts before sending the file in to PATAS.
Summary: I went to drop off 2 friends at Waterloo Station. It was near enough 11pm on a Friday evening just outside the station entrance. I checked the bus lane signs which warn of bus lane cameras between 0700 and 1900, entered the bus lane and went past the traffic lights stopping at the end of the zig-zags. I made a concerted effort to avoid the zig-zags but as you can see, the back half of my car was over the last line of the zig zag. I was stationary from the CCTV evidence they've provided (but which no longer works at my end) for all of 34 seconds! I never got out of the car, never switched the engine off and my foot was always on the brake lights. My friends got out, took their luggage from the boot, waved goodbye and left and I drove off.
I received the attached PCN and disputed it with the Council on the grounds that there was no signage to indicate traffic enforcement cameras, the Bus Lane camera was used for a parking violation and quoted the DPA, the HRA regarding the right to privacy. Understandably this was rejected by Lambeth, see attached letter and they also gave me a form for PATAS (which is for Moving Traffic? - is this normal? - they've filled in the back part where it says official). Now, I am contemplating taking this to PATAS on the following grounds:
1. Length of time stationary
2. I was right at the end of the zig zags and there are even provision in the Code for vehicles that have gone past the crossing being able to unload passengers (allegedly this is for public service vehicles but still shows that going past the crossing and stopping in the controlled area is less dangerous than stopping on or before the crossing itself, especially when half the car is already outside the area)
3. Lambeth's own Code for CCTV stipulates that they must have legal signs (that conform with the DPA) showing CCTV enforcement. There is no sign on Waterloo Road which says there is CCTV enforcement taking place. Only that there are Bus Lane cameras in operation, along with stated times.
4. There are precedents about the need for appropriate signage - 1 example I found using a quick Google: http://www.wirralglobe.co.uk/news/4505477....R_SPY_CAR_FINE/
5. The Code 99 description on the PCN is vague at best and is not the same as the one on the Act. Also does not say what Act or law I'm supposed to be breaking?
6. Any other procedural impropriety you guys could spot?
Thanks for any input you may have.
Jeff.
PS: Apologies for the shoddy images, had to get them on a phone camera - no scanner at hand.