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redvarus

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  1. Hi Greg, As summarised in my previous post above and here, my girlfriend went through exactly the same process. She even had the opportunity to talk to TFL, who were no help (i.e. they are right and you are wrong). I guess Bernie_the_Bolt got lucky to have success at informal appeal stage. She received a formal rejection, which seems to be a standard procedure. In fact, I recall she had to request this, since an Enforcement Notice was issued before any rejection to her informal appeal. We then put forward an appeal to PATAS. Main point we focused on was the inadequate signage, as the PCN states that applicable reason must be used. We did also add the original appeal and pointed out that no requested evidence was sent out (almost all the items Bernie specified above in his original post). Basically follow instructions on appeal form. There was an acknowledgement letter, stating appeal was received and the date when it will be reviewed by an adjudicator. True enough we got a response, the adjudicator allowed the appeal on grounds that there was no breach of the bus lane order or regulation. Reason given was that the Local Authority did not send in any evidence and as lamma explains, all evidence has to be sent. Personally, I would encourage you to persist with the appeal, although there are no guaranties. If you have not paid already and missed the deadline for 50% discount, I don't see why you would not go ahead. There may have been a few cases of success, which is very inconsistent and I would point this out to the adjudicator, (i.e. how one person can be allowed an appeal and others not). I don't know if the Local Authority find it too much work to respond or simply feel that if they lose they must respect the rest of appeals or fix the bus lane if it is wrong. I am no expert on this, but wish you luck if you go ahead. Regards, RV
  2. If you are committed to your appeal then this may help and personally I encourage you to persevere. My girlfriend received a PCN at same place as Bernie_the_Bolt so his thread will be useful to you: Bus Lane PCN At first, she was ready to pay the fine, but I thought it was so unfair considering the circumstances. It happened on Sunday night at 00:25 in rainy and dark conditions in unfamiliar area, not to mention the pathetic nature of the bus lane (Kidbrooke Park Road). Anyway, I constructed an appeal using similar details as Bernie_the_Bolt and after some time we received a formal rejection, which we sort of expected. At this stage having not much to lose, since the discount period (within 14 days = £60) had expired, we appealed to the adjudicator. Sure enough we got a response as promised and the appeal was allowed on grounds that there was no breach of the bus lane order or regulation. Now, adjudicator's reason was that the Local Authority did not send any evidence. I am not sure if this means; to the adjudicator or to us, since we did not receive any requested evidence either (i.e. Traffic Order, etc.) see Bus Lane PCN. Therefore the adjudicator could not be satisfied that the contravention occurred. It seems to me if you push it far enough the Local Authority will give up. They appear to count on you paying the fine before it goes to the adjudicator and thus get their money. If they submit evidence and lose this would mean every person who received a PCN at same location would not be liable. That's how I would interpret it. If you need any more info or help, I can try and provide you with support although I do not follow these forums that much. I believe there are too many unfair PCN's and the amount of revenue they generate is unacceptable. Regards and good luck! RV
  3. My girlfriend received a PCN (July 2008 @ 00:25, Raining and Dark) for driving in the same "bus lane". I think this thread will be useful to your appeal(s). The appeal went all the way to the adjudicator and was allowed on grounds that there was no breach of the bus lane order or regulation. Now, adjudicator's reason was that the Local Authority did not send any evidence. I am not sure if this means; to the adjudicator or to us, since we did not receive any requested evidence either (i.e. Traffic Order, etc.).
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