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UK-Justice
UK-Justice, Barrister
Category: UK Traffic Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have a PCN for being in a bus lane code 34j, I was in a Queue

Customer Question

I have a PCN for being in a bus lane code 34j, I was in a Queue for a mile until I moved into the bus lane because the traffic was not moving, to take a Left turn to another road, the distance i traveled was about 30meters to the Left filter on the road. No traffic was in the bus lane it was completely empty for over half a mile and moor, as soon as I got to the filter I took the left tern away. I Believed I was using good judgement in not adding to the congestion. My appeal has been rejected by the Merton council and I have been asked to pay the full £130.00, before the second appeal to the Independent Adjudicator. I feel our system is going down the road of judgement by video surveillance, where common sense should prevail.Should I have to pay this full amount? Can I further Appeal to the Adjudicator? and should i continue my appeal?
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Why was your appeal rejected?
Customer: replied 4 years ago.

It was rejected or unsuccessful because they say none of the statutory grounds for appeal have been satisfied with no compelling mitigation for them to cancel PCN. But they say if I am unhappy with there decision I must wait for a Enforcement notice before making further representations. This i have received but it asked me to pay the full amount of £130.00 only,not the £65.00 discounted amount, and given me another representation form.

Expert:  Jo C. replied 4 years ago.
OK.

I presume you accept travelling some 30 metres in a bus lane?
Customer: replied 4 years ago.

yes

Expert:  Jo C. replied 4 years ago.
That is bad news I'm afraid.

You can appeal but its not a good idea.

If this was a properly signed bus lane and you accept entering it during its hours of operation then there really aren't any defences I'm afraid.

You can always ask them to prove that the signs and lines were road traffic compliant.

You could always argue that the breach was de minimus but if you entered the bus lane for over 30 metres there is no chance of that realistically.

I'm afraid there is no defence arising from the fact that you were reducing congestion and if that is your appeal then it will fail before the Adjudicator as before the council unfortunately.
Customer: replied 4 years ago.

what about paying this full amount of £130.00 witch should be £65.00 and for me to see the independent adjudicator?

Expert:  Jo C. replied 4 years ago.
If you haven't paid at £65 witness day they they are free t. point s in time≥
Customer: replied 4 years ago.

sorry didn't get that?

Expert:  Jo C. replied 4 years ago.
Not sure what you mean?

It will be my pleasure to continue with this but please rate my answer OK SERVICE or above.
Customer: replied 4 years ago.

you said If you haven't paid at £65 witness day they they are free t. point s in time≥ ? don't know what this means.

Expert:  Jo C. replied 4 years ago.
That was pre empting typing on the IPAD.

If you haven't paid they can increase the sum.

Delighted to continue with this but please rate my answer OK SERVICE or above.
Customer: replied 4 years ago.

But I challenged the penalty charge and payment was said to be frozen for 28 days.

Expert:  Jo C. replied 4 years ago.

I will opt out because I can see you are displeased so far as you have not rated my answer.

I will leave this to see if another can add more.
Customer: replied 4 years ago.

I am not! I just wont some answers!

Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Did you appeal during the discounted period?