2 wheel on the bus lane and got a 60 pounds fine!!!!!arrrgggghh

tlogic

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I got home from work today to find a PCN issued to me, i cannot believe i got a ticket just because my two wheels (front and back) went over the bus lane for a split second whilst i was stuck in traffic. Have I got right to appeal because i feel like going to down to the place where they deal with parking fines and burn the whole place down. This is day light robbery, we work, pay our tax and the goverment wants to squeeze even more money out of us. Somone correct me but i belive all four wheel on a car has to be on a bus lane to be issued with a ticket. Is there any regulations on this.

:Chainsaw:
 

tlogic

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Thanks davidh for that link very useful in helping me build my case. This is worser than bank charges. sill abit pissed off.
Ice very similar but i was not in the bus lane, i try upload a piture.
 

tlogic

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check out my offence and now tell that is taking the piss!!! you can probably guess the car, the one sticking out lol.

and this is my appeal letter, hope it does the job.



I was issued a PCN on the grounds that I was in a Bus Lane on Barking Road East Ham E6 on 20/06/2008 at 18:22 , however from the PCN which I received dated 11/07/2008 I strongly object to this penalty and will take it further if need be.

I object to this PCN issued against me on the following grounds:

1. The CCTV footage on the PCN is very unclear and can’t make out which vehicle is mine from the picture I don’t see any vehicles driving in the bus lane.

2. Section 1 of the ‘’Road Traffic Offenders act 1988’’, requires a notice of intended prosecution to be sent within 14 days. If a PCN is sent after 14 days it can not act as a notice of intended prosecution, and it is my opinion that you can not legally continue. My alleged contravention took place on 20/06/2008 and the date I received the PCN was 11/07/2008. ( I have included a section of the Road Traffic Offenders Act 1988 for your information)

3. Under the ‘’Code of Practice for Operation of CCTV Enforcement Cameras in the (London/Royal/Borough/City) of (Borough)’’ver. 3.2 June 2006 -

Section 2.4 11 in the above code of practice states that:

“Each contravention will be reviewed on the working video to decide whether it is clear and indisputable. Appropriate details of the vehicle and circumstances involved in clear and indisputable contraventions are recorded, and registered keeper details obtained. A PCN is then sent to the registered keeper.”

My PCN is not clear and you cannot make out which vehicle is mine. The bus lane is clearly visible in the picture but no vehicles are actually in the bus lane restricting access to buses. All you can see is a typical Friday Barking Road traffic.

“”Section 2.4.12 it states that All PCNs are to be issued within 14 days of the contravention and should be sent by first class post. The PCN is deemed to have been served when it would be delivered in the ordinary course of post”.

A Valid PCN should have been sent to me on 3/07/2008 and not on the 11/07/2008 eight days after the 14 day expiry period.

A document published by the Department for Transport “Provisional Guidance on bus lane (including Tramway) enforcement in England outside London (November 2005 revised 2008)


Section 6.19.under ‘’Serving of Penalty Charge Notices’’

In this paragraph it states the following:

‘’In London, authorities have set themselves a voluntary target of 14 days from the date of the contravention”

I don’t see why Newham council has the right to opt out from this as they have volunteered to this.


4. 4) There are no lawful signs warning of camera enforcement placed at the beginning of the bus lane in Barking Road as you come off the A13.

London Councils’ Transport and Environment Committee has approved the adoption of the Code of Practice on CCTV Enforcement by all London Councils (including Newham Council). This Code of Practice (version 3.2 – June 2006) states in paragraph 2.3.5:

“Relevant camera enforcement signs should be displayed in areas where the system operates. The signs will not define the field of view of the cameras but will advise that CCTV camera enforcement is taking place in the area.”
This means that drivers enter the CCTV field of view without having passed or seen a warning sign placed for their attention.

5. Under paragraph 3 (a) of S4 of the London Local Authorities Act 1996 a PCN is required to state "the grounds on which the council believe that the penalty charge is payable with respect to the vehicle". This PCN does not do so. Part of the grounds must by definition be to describe the location in which the alleged contravention occurred.

The alleged contravention is described as "being in a bus lane in Barking Road at 18:22:00 on 20/6/2008 by camera operator 911 who was observing real time images from a roadside camera. . . "

Barking Rd contains a number of bus lanes and it is therefore necessary for Newham Council to state which one is involved in the alleged contravention in order to discharge their statutory obligations. They have not done so.

Newham Council may seek to argue that it can be determined from the images, however this is not reasonable. It is not appropriate for Newham Council to rely on motorists interpreting their images and inferring from them the location in which they are alleged to have committed a contravention. In any event the inclusion of images is not a statutory requirement and Newham Council obligation is to "state" certain matters and this means "provide in words".

Notwithstanding the above, the balance of this appeal is based on my inference as to the location and the provision of my arguments is not to be taken as a waiver or estoppels of my right to amend my representations should Newham Council seek to argue that the location I have inferred is in fact incorrect.

On the above basis I therefore request that you cancel this PCN as it is un-lawful. could I also suggest that Newham council retrain all of its CCTV operators so they follow its strict code of procedures in future which has to be legally followed at all times before issuing a PCN to motorist and should not be used as a tool to generate revenue which it sadly does. Also better CCTV Enforcement signs are displayed on Barking Road legally and at present it clearly does not.

6. The picture of the alleged contravention supplied on the PCN do not conform to The Bus Lane Enforcement Camera Handbook published by the Home Office.

This states as an “operational requirement” in item 5.1.2 that:
“Every image of the offence shall show, in addition to the offending vehicle, in the order given: the date in days, month, and year, the time in hours, minutes, and seconds, the day of the week, location and frame count from the beginning of the recording. The data shall be imprinted on the image or included in the violation record at the time the offence is recorded.”
The images do not show all the required data and do not show it in the order given.

Only “approved devices” can be used for CCTV enforcement. The failure to show the correct information and in the correct order must mean that the device used was not approved and therefore not lawful and the images are inadmissible to show any contravention or alleged contravention. The failure of the PCN to show lawful images renders it void and therefore there is no evidence of a breach of the bus lane order or regulation.

Further the stills do not conform to the requirement in the Code of Practice on CCTV Enforcement (item 2.5.24) that “each still image will be given a unique serial number” as none is shown.

Should these representations be rejected then please treat this as a request under the Freedom of Information Act 2000 for the following documents:

a) A copy of the bus lane order or regulation giving effect to the Bus Lane.
b) A copy of the Safety Audit for this road layout.
c) A copy of the engineer’s scale diagrams showing the layout of this Bus Lane, the road markings and the signage (including warnings of camera enforcement).
d) Copies of any approvals of deviations of signage from TSRGD.
e) Logs of maintenance visits verifying existence and condition of the signs.
f) Certification of type approval of the CCTV device.
g) Details of the number of times that the videotape used has been degaussed and reused.
h) A copy of the Camera Enforcement logbook recording the alleged contravention.
i) Copies of the still images showing all the required information in the correct order.
j) The number of PCNs issued by Newham Council in respect of this location.
k) The number of PCNs issued by Newham Council in respect of this location and cancelled by them following informal challenges.
l) The number of PCNs issued by Newham Council in respect of this location and cancelled by them following formal appeal to them.
m) The number of PCNs issued by Newham Council in respect of this location and cancelled following appeal to a PATAS adjudicator.
n) The number of PCNs issued by Newham Council in respect of this location and not pursued by them for any other reason.

Yours Sincerely


This should keep them busy!! lol
 
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jaffa

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I will assume your car is the one I have marked...if thats the case...they are taking the piss.

Someone else on this forum had a bus lane infringement and there were shown the different frames and not just one.

Your letter seems to be very clear to me. Good luck with the appeal.
 

tlogic

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thats right m8 your spot on. That is totally taking the piss ain't it. fecking ******s.!!!
 

nutz__

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i just got a letter with out pics or video on two occasions! I havent wilfully done it! Nightmare... HOw can i get a copy of the video and pics. Under date protection I should be able to get a copy of all the info they hold!!!

but also need to stay within the 14 days other wise its £120 up from £60....
 

adam

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good luck tlogic, keep us posted :Cheers:
 

nok1

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[email protected], what if you move over a touch to let a biker through, or someone is coming the other way a bit too close. daylight robbery
 
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