Bus Lane PCN

[multijoy]

I was hiring a bike and Hexagon received a PCN from Camden Council for a bus lane contravention. (Offside bloomsbury street)

I was going to make a representation on the grounds that I was in the lane to avoid an accident, as permitted by the RTO, so I asked Hexagon to do whatever it is they needed to do to say 'it was a hire bike, speak to the driver'.

I subsequently recieved an enforcment notice, which stated that it should only be sent to the owner.

I appealed based on the fact that a) I wasn't the owner and b) I had never recieved a PCN.

They subsequently disallowed the appeal, saying that I may not have been the owner, but I was the driver.

Fair enough. So how come the enforcement notice clearly stated that it was only supposed to be issued to the owner?

They also bunged some factual errors into the rejection notice, stating that I was still hiring the vehicle when I'd returned it 2 months ago.

Now, the problem is that I have to appeal to PATAS but can only do so on the grounds that I'm not the owner (which I'm not), that there was no breach of the bus lane order/regulation (well, I maintain I was avoiding an accident ), the vehicle was in control of someone else (not applicable), and the police are taking further action. (Not applicable)

Thing is, I don't want to stitch up the Hexagon but PATAS don't seem to give me the option to appeal based on the fact that Camden Council are incapable of finding their arse with both hands.

(I also believe that the signage isn't permitted, the markings are bollocksed, etc, but that's for a different appeal).

Any lahndaners got any thoughts on the issue?

Rich
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.

[R6jonny]

How about, "dont ride in bus lanes that bikes aren't allowed in"

Saves a hell of a lot of aggo!
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Honda NSR125 - Yamaha R6 - Ducati 748 - Suzuki GSXR750K6/GSXR1000K7/GSXR750K8 - Ducati 848 - Honda SP1 - Triumph Daytona 675
"simply because she is a female and is thus her actions largely make no sense whatsoever by default"

[hellkat]

Do it.
My fella busted out of two bus lane tickets with similar tactics (admittedly I nearly fell over in surprise when the letters arrived saying they had dismissed the PCNs, but nonetheless, he did get off them).

They have brains like dullards at these places. Just keep hammering home the facts that (1) the appeal notice is badly written because it does not cover the option properly; and (2) that you were avoiding an accident (of course you were!) and if you can point out a large vehicle in the background of the photo they are supposed to send*, they you can say that BEFORE the camera's range, that vehicle was cutting you up, and you were flustered.

Takes a while, but stick at it, you might get a result.




*if there is no photo, then they should have sent one.
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Not nearly as interesting in real life.

[R6jonny]

[hellkat]

[multijoy]

[hellkat]

[R6jonny]

[R6jonny]

[hellkat]

[hellkat]

I wouldn't worry what Hexagon think of you. People do worse things to them than criticise them for being crappy about correctly sending back PCNs.
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Not nearly as interesting in real life.

[Pete.]

Be very careful if you're going to use the 'avoiding an accident' defense because they will look at the recordings from cameras further back along the route to see if you were in the lane at other places. Seen this pop up a few times on Pepipoo.com
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[hellkat]

Yeah you have to walk the route and check where the cameras are set and then have been avoiding your accident in a place where the camera didn't see it. Tricky, depends on where your event occurred.

Unfortunately (for you), not only were mr hellkat's both in Battersea but his photos also (conveniently) had huge great lorries in, so the situations might be entirely different. But give it your best shot - apparently something like 40% of PCNs, when appealed, get set down.
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Not nearly as interesting in real life.

[multijoy]

Before I try the accident response, I'm keen to try and get them to acknowledge the fact that they've not actually sent me a PCN and decided to skip straight over to the enforcement notice.

I may just get in front of PATAS based on the fact I'm not the owner and go from there...
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.

[Pete.]

Go to Pepipoo and get some good advice. They know exactly the best way to deal with it and will tell you if you can get off on a proceedural error.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good