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Vauxhall Combo - Bus lane fine, times on pcn & photos different - leelo

Received pcn from Lambeth cancel for being in bus lane.

Firstly I was undertaking stationary vehicles waiting to turn right and was in the bus lane for maybe 30ft.

Secondly pcn statescontravention 34j being in bus lane 03/11/10 at 0819

The footage on their website starts at 08.20 and 10seconds and shows me entering bus lane at 08.20 and 11seconds, remaining there for approx 5 seconds in total.

Can I appeal that the conravention did not take place as pcn states the contravention was at 08.19.

Many thanks in advance for any advise.

Vauxhall Combo - Bus lane fine, times on pcn & photos different - Dwight Van Driver

Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Schedule to Reg 8 of the above Regs states just what exactly a PCN has to contain.

PENALTY CHARGES NOTICES

Contents of a penalty charge notice

1. A penalty charge notice served

must, state—

(d)the date and the time at which the alleged contravention occurred.

There is therefore an academic argument that the PCN does not conform because the date and time are incorrect. One might try putting this to the LA but I feel, because of the Video, they well reject and be backed up by the Parking Adjudicator if it was taken that far. But if it isnt tried, who knows?

dvd

Vauxhall Combo - Bus lane fine, times on pcn & photos different - Cris_on_the_gas

You state the times are different but it is only 1 minute or even less than that.

Reckon you'll lose if you try and fight it and end up with bigger fine, and if they start digging you have already admitted above that you used the bus lane anyway

Good luck with your decision.

Vauxhall Combo - Bus lane fine, times on pcn & photos different - leelo

The point is I have received a pcn for an alleged contravention at 08.19 on 03 11 10.

No evidence has been produced to support this contravention.

If I had received a pcn for an alleged contavention at 08.20 on 03 11 10 then the evidence supplied would be fair enough, but the fact is I have not.

If my appeal is recieved within the 14 day period, the cost will still be at the lower rate even if the appeal is rejected.

Vauxhall Combo - Bus lane fine, times on pcn & photos different - geoff1248

At best all they would do is cancel the original pcn and re-issue with a slightly different time on it. Would that make you a bit happier?

Vauxhall Combo - Bus lane fine, times on pcn & photos different - injection doc

one of my colleuges was caught with his N/S/F wheel in a bus lane after pulling over for an Ambulance trying to sqeeze past a traffic island, he objected and his costs just got dearer and dearer! and he still had to pay. The camera didn't catch the ambulance in its view although he has a client with him that was a witness.

I do not jump red lights or use bus lanes to make way for emergencey services as one of my other work colleuges moved over a red light for a fire engine, and that went to court and he still had to pay the fine even though he had a statement from the fire service.

Motoring offence, tick box excercise DONE! human rights ? what human rights , become a Guantannamo detainee then you can earn millions. Rant over !

Vauxhall Combo - Bus lane fine, times on pcn & photos different - leelo

At best all they would do is cancel the original pcn and re-issue with a slightly different time on it. Would that make you a bit happier?

Been told pcn cannot be reissued, if thats wrong then it would need to be served 14 days after the alleged contravention, which has now passed.

And yes I would be a bit happier. Why should I roll over to these people who cannot be bothered to get their facts accurate.

Vauxhall Combo - Bus lane fine, times on pcn & photos different - Dwight Van Driver

Leelo

They have 28 days to serve a PCN which can be extended to 6 months if they do not receive the reply in this time to the request for Keeper details from DVLA

dvd

Vauxhall Combo - Bus lane fine, times on pcn & photos different - LucyBC
You are going nowhere with this. Lambeth will reject it and so will the adjudicator (on the grounds of "de minimis").

You probably cannot be more "de minimis" than the clock being out for a minute when they have video of you in the bus lane.
Vauxhall Combo - Bus lane fine, times on pcn & photos different - leelo

Just read somewhere else the location and day of week needs to be on footage which its not. It has time date and frame numbers on it. Is this true?

Vauxhall Combo - Bus lane fine, times on pcn & photos different - LucyBC
There only has to be demonstrable evidence of an offence. Everything else comes under "de minimis" unless you can show that:

1. an offence was not being committed - usually that you were outside the hours when a restriction was in place.
2. an offence was being committed but the restrictions were not properly warned to you (signage significantly wrong)
3. You fell into one of the permitted exclusions (roadworks, accident, ordered to use lane by police or traffic warden etc) and no that does not include passing stationary traffic unless you were driving a permitted vehicle.
Vauxhall Combo - Bus lane fine, times on pcn & photos different - leelo

Best start checking the signs then. Other than that will pay up. Thanks a lot for your advice it makes things a bit clearer.