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stevo125
Hi,
Received a PCN for bus lane contravention in Reading Center yesterday. The road in question is St. Mary's Butts where the bus lane is enforced during "peak"hours.

At the time of the event in question I pulled up to the sign at the entrance to the bus lane, which states the enforcement expires at 7pm daily. I stopped here, checked the sign, my car clock, my phone clock, and proceeded through in the belief it had just turned 7.00 by my clocks. The penalty notice I have received states 18.57, with the camera showing 18.57.44......so they are trying to fine me over a 2 minute 16 second discrepancy between my clocks and theirs. If they review the camera footage they should be able to see me stop for 10 seconds or so while I checked the sign and clocks!

Any point in challenging this? As nice as it is that they probably calibrate their clocks daily/weekly/whatever, I don't happen to have an atomic clock to set my car stereo and phone rolleyes.gif

I don't have the notice to hand, but can post up a copy later if useful.

How does the penalty cost work when appealing? When I asked on the phone the council rep on the other end was rude but eventually stated that the 14 day window for reduced payment is frozen at the point they receive my representation (if I submit one) however she declined to offer me anything in writing, or point me to where I can find this information and subsequently hastily ended the call. dry.gif


Street view of the bus lane signs attachedClick to view attachment
Incandescent
The venal and rapacious Reading Borough Council at it yet again ! Truly this council is notorious both for its perverse bus lanes and its ruthless enforcement. Shame on them. OK, rant over !

Needless to say, you appeal on de minimis. I'm not sure what statutory ground you use, probably "the penalty exceeded the relevant amount in the circumstances of the case", but I suppose you could use "the offence did not occur".

Don't expect them to roll over and cancel the PCN, these people are really, really, ruthless. You must steel yourself to take them all the way to TPT and forego the discount. IMHO you have a very good case.
astralite
QUOTE (Incandescent @ Wed, 12 Nov 2014 - 20:33) *
The venal and rapacious Reading Borough Council at it yet again ! Truly this council is notorious both for its perverse bus lanes and its ruthless enforcement. Shame on them. OK, rant over !

Needless to say, you appeal on de minimis. I'm not sure what statutory ground you use, probably "the penalty exceeded the relevant amount in the circumstances of the case", but I suppose you could use "the offence did not occur".

Don't expect them to roll over and cancel the PCN, these people are really, really, ruthless. You must steel yourself to take them all the way to TPT and forego the discount. IMHO you have a very good case.

Spot on.
Chaseman
QUOTE (astralite @ Wed, 12 Nov 2014 - 21:37) *
QUOTE (Incandescent @ Wed, 12 Nov 2014 - 20:33) *
The venal and rapacious Reading Borough Council at it yet again ! Truly this council is notorious both for its perverse bus lanes and its ruthless enforcement. Shame on them. OK, rant over !

Needless to say, you appeal on de minimis. I'm not sure what statutory ground you use, probably "the penalty exceeded the relevant amount in the circumstances of the case", but I suppose you could use "the offence did not occur".

Don't expect them to roll over and cancel the PCN, these people are really, really, ruthless. You must steel yourself to take them all the way to TPT and forego the discount. IMHO you have a very good case.

Spot on.


Sounds like the ground for appeal is "the offence did not occur" because as far as you could tell from your clocks, you were after 7pm. I am not sure whether there is any benchmark re leeway on time but I am aware that there are some PATAS cases re the Congestion Charge where the motorist was let off owing to a difference in opinion over the precise time. Worth searching the PATAS database to see if you can determine any rule of thumb on what constitutes de minimis in the same way as 6 seconds seems to be the accepted limit for being stationary in a YBJ. Others on this site may know.
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