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steelfish
Hi all, this is the first time I have ever had to do anything like this but I feel as though my pockets are being picked by Islington council, with no just cause.
I have today received a PCN for 'being in a bus lane'.
The notice states this was observed by a specific camera operator via real time pictures from a roadside camera.
They have forwarded me two photographs of this, neither of which show the vehicle registration.

The location of offence is also listed as "in junction road N19". I have done my research on Google maps, and I have also read up on other threads on this site.

I have read that the notice itself needs to describe the location accurately, and case law backs this up. The notice I have received only gives a road name, which happens to be quite a long road - is this sufficient enough to be an accurate description?

Also, the location the vehicle is pictured in is shown as a bus stop surrounded by a solid white line. Am I right in thinking that the same stretch of road cannot be a bus lane as well as a bus stop ?

I have also tried to view the full images online. There are no images stored when I log on, not even the two photographs sent to me on the PCN. Does this make a difference?

In addition to this, the two photographs I received on the notice show the vehicle entered the marked area a matter of metres, and I'm talking no more than 5 metres, before the end of the bus lane, on the approach to a junction with a left turn lane, with traffic backed up at it. There is no bus nearby.

Does anyone think I have grounds to appeal or should I resign myself to parting with even more of my hard earned money ?


Incandescent
Please post up the PCN (all sides with PCN No, and car Reg. No. redacted), and any other relevant info like pics and a GSV reference.

Vague locus is a valid appeal argument especially as the PCN is sent by post to the registered keeper on the V5, (not placed on the vehicle). The keeper could well not be the driver at the time of the alleged offence, so the keeper, (assumed to be owner), can work out where offence occurred and whether to appeal or not.

In addition, this offence is proven by CCTV and this is the only evidence of an offence therefore must show the contravention clearly - your car and the bus lane. Several PCNs have been cancelled at adjudication because the council video evidence does not clearly prove the offence. Of course, so many people fold and pay the 50% discount amount, the councils continue to get away with poor/non-existent evidence. However, until the pics are seen and you have viewed the video, it is difficult to say whether an appeal is likely to be successful.

Proceeding for 5 metres in the buslane towards its end can be regarded as de minimis, and has, I believe, been specifically allowed as such at past adjudications, but you would need to check, although no doubt somebody on here will know.

No bus being around is irrelevant, the offence is "being in a bus lane", not "obstructing a bus in a bus lane", more's the pity, with some bus lanes supporting very infrequent bus services !

Note that bus stops can be and are located in bus lanes, (there are two near to me in Crewe on a bus lane). How else could the buses stop at bus stops in a long bus lane ?
buswnkr
Hi there,

Like steelfish I have recently been issued with a penalty notice by Islington council for contravening 34J on Junction road n19 in Islington, not being from the area and being unaware that these bus lanes were so heavily enforced I was a little shocked and upset to receive the penalty and wondered if I had any grounds for appeal. The road markings were not great (faded) and the bus stop was the end of the bus lane, I moved into the bus-stop as shown in the pictures but the buslane closes after the bus stop and there is a left turn which I took.

I have attached all pages of the penalty notice for your viewing, can you help at all?

Many thanks in advance.
Click to view attachment

Click to view attachment

Click to view attachment
Incandescent
Yes we can help, but please start your own thread with the above info.
buswnkr
Thanks, I have done this now.
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