Bus lane PCN - mitigating circumstances?
Bus lane PCN - mitigating circumstances?
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Discussion

5678

Original Poster:

6,146 posts

258 months

Friday 14th November 2014
quotequote all
Last Friday my fuel gauge and fuel tank disagreed over how much was actually in the car.

The car stopped in the right hand lane of a dual carriage way, so I pushed it to the nearest side road (access to Reading Station from Vastern road if anyone knows it.) I don't recall seeing any signage about stopping there.

I went to get fuel, came back to the car and drove off.

Yesterday we received a PCN for stopping in a bus lane. The pictures show my car just after I have refuelled and started the car. There is also a video of me driving away.

Am I likely to win if I appeal this on the basis that it was too dangerous to leave my car where it was? It was dark and raining if that makes a difference. I didn't fancy trying to refuel in the middle of the road!

If they watch the preceding 30 mins of video, they will see me push it into the side road and then come back with a can of fuel!

Thoughts?

JakeThePeg

4,089 posts

153 months

Friday 14th November 2014
quotequote all
No harm in appealing and finding out. Surely common sense should prevail.

Eclassy

1,201 posts

153 months

Friday 14th November 2014
quotequote all
Definitely appeal and there is a very good chance you'll get the ticket cancelled.

You did the right thing pushing the car out of the road and shouldnt be punished for that (although some will argue you shouldnt have run out of petrol in the first place)


BMWBen

4,906 posts

232 months

Friday 14th November 2014
quotequote all
JakeThePeg said:
No harm in appealing and finding out. Surely common sense should prevail.
Yeah right! I had to go all the way to the TFL adjudicator over a PCN where the bus lane times changed halfway along without the correct signing and road markings, despite pointing this out to the council at the first appeal and the council then going and correcting the signing and markings before my appeal was heard.

Not saying don't appeal, you definitely should. But don't have any expectations about reasonable behaviour.

supermono

7,464 posts

279 months

Tuesday 18th November 2014
quotequote all
BMWBen said:
Yeah right! I had to go all the way to the TFL adjudicator over a PCN where the bus lane times changed halfway along without the correct signing and road markings, despite pointing this out to the council at the first appeal and the council then going and correcting the signing and markings before my appeal was heard.

Not saying don't appeal, you definitely should. But don't have any expectations about reasonable behaviour.
Did you win though? I kow Norwich council once pushed a lost cause parking ticket right to the adjudicator even though I pointed out early the sign on display was nothing like the one in the TRO.

BMWBen

4,906 posts

232 months

Tuesday 18th November 2014
quotequote all
supermono said:
BMWBen said:
Yeah right! I had to go all the way to the TFL adjudicator over a PCN where the bus lane times changed halfway along without the correct signing and road markings, despite pointing this out to the council at the first appeal and the council then going and correcting the signing and markings before my appeal was heard.

Not saying don't appeal, you definitely should. But don't have any expectations about reasonable behaviour.
Did you win though? I kow Norwich council once pushed a lost cause parking ticket right to the adjudicator even though I pointed out early the sign on display was nothing like the one in the TRO.
I did win. If I recall correctly (was a fair few years ago) the adjudicator didn't make a judgment on whether the signing was correct, but threw out the ticket on the basis of the council's evidence being plainly incorrect and contradictory.

Their written statement did not match what happened in the CCTV they included.

Mk3Spitfire

2,921 posts

159 months

Tuesday 18th November 2014
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Maybe if it were to happen again, you could phone 101 and report your vehicle broken down. You'd have a reference number then backing up the fact that you did what you could and had little other choice.

OT: Why aren't the usual lot screaming about revenue making scams etc etc like they do when a speed camera/cop is mentioned?

FiF

48,962 posts

282 months

Tuesday 18th November 2014
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That's a pity. A completely reasonable and helpful post ruined by a throwaway obvious baiting is obvious sentence at the end.

Maybe there is more agreement over bus lanes and the problems with civilianised enforcement thereof.

adamfawsitt

558 posts

244 months

Thursday 20th November 2014
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Your appeal will be allowed on the basis that you made emergency use of the bus lane which is entirely legal, calmly explain what happened and you will be successful.

Osinjak

5,453 posts

152 months

Thursday 20th November 2014
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Mk3Spitfire said:
Maybe if it were to happen again, you could phone 101 and report your vehicle broken down. You'd have a reference number then backing up the fact that you did what you could and had little other choice.

OT: Why aren't the usual lot screaming about revenue making scams etc etc like they do when a speed camera/cop is mentioned?
Bloody filth coming on here and being all sensible and stuff. Pah, wouldn't have happened at the end of my day, won't somebody think of the children, ACAB, blah, blah, etc.

biggrin

FiF

48,962 posts

282 months

Thursday 20th November 2014
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Mind you the OP would have been waiting 20 minutes waiting for 101 to be answered, at least in Devon and Cornwall. 25% of callers hang up in frustration due to call handling technology not fit for purpose.


http://m.bbc.co.uk/news/uk-england-devon-30109912