PCN for Stopping on Restricted Bus Stop for Zero Seconds

PCN for Stopping on Restricted Bus Stop for Zero Seconds

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Discussion

Glassman

Original Poster:

22,534 posts

215 months

Wednesday 26th April 2017
quotequote all
daveinhampshire said:
The offence is:

"Stopped on a restricted bus stop or stand"

At no point does it say parked, clearly there is no time element as stopping is an instant process hence the time element being the same minute. You will fail trying to discredit the officer concerned, their word is good enough and as you're suggesting earlier the driver(s) can not recollect their movements at the time is going to be far more credible.

Pay the fine, move on.
Can the officer prove it? How do we know he has the right car, or that it was stopped? I can't see how they can go slapping fines on allegations they have no proof of.

Alex_225

6,263 posts

201 months

Wednesday 26th April 2017
quotequote all
Dagnir said:
Why can't people just accept the consequences of their actions anymore?

She stopped where she shouldnt have, she's in the wrong, accept her bloody punishment ffs!


I loathe this age of arrogance and entitlement!!
I suspect probably because we live in an age where we are forced the line the pockets of various authorities, whilst seeing 20/40/50% of our salaries disappear each month, as well as sky high council taxes, car tax, congestion charges and various stealth taxes etc.

So when one of us as human beings makes a mistake and get pounced on for it, we think "This is bo**ocks" and question it.

I do agree that there are circumstances whereby people should put their hands up and go, "Yep, my mistake" and move on.

You would assume these fines are in place to prevent people from parking in silly places etc but when it's situations where by a someone paused for 30 seconds or their back wheel touched the edge of a bus lane etc. it's just about raking in the money not safety so I guess this is why people question it.

bad company

18,582 posts

266 months

Wednesday 26th April 2017
quotequote all
daveinhampshire said:
The offence is:

"Stopped on a restricted bus stop or stand"

At no point does it say parked, clearly there is no time element as stopping is an instant process hence the time element being the same minute. You will fail trying to discredit the officer concerned, their word is good enough and as you're suggesting earlier the driver(s) can not recollect their movements at the time is going to be far more credible.

Pay the fine, move on.
I prefer the 'I needed to sneeze' defence which would be very hard to disprove.

V8 Fettler

7,019 posts

132 months

Wednesday 26th April 2017
quotequote all
The caaaancil can use their discretion to cancel the PCN, which is what a reasonable person would do given how transient the contravention was.

Unfortunately, most civil enforcement officers are jobsworths. Bring back traffic wardens!

cmaguire

3,589 posts

109 months

Wednesday 26th April 2017
quotequote all
V8 Fettler said:
The caaaancil can use their discretion to cancel the PCN, which is what a reasonable person would do given how transient the contravention was.

Unfortunately, most civil enforcement officers are jobsworths. Bring back traffic wardens!
My experience with councils on several occasions leads me to believe their default response is to always refuse any appeal unless it falls exactly into one of the six or so 'reasons' they allow, so you are only likely to get a fair hearing if it progresses to the independent adjudicator.
If there were any type of punishment levied on the councils for pursuing 'unreasonable' cases then their attitude might change, but as it is why should they bother to consider any appeal outside of their 'allowed' reasons? So invariably they will knock back your appeal with some generic letter that fails in any way to address your grounds for appeal or mitigation

" We have considered your appeal to set aside the PCN but in this instance are not satisfied that there are sufficient or adequate reasons to do so and therefore your appeal is refused. "

They will then tell you to pay up now or forfeit your right to the 50% discount (trade descriptions act anyone?) to deter you from persisting.

WJNB

2,637 posts

161 months

Wednesday 26th April 2017
quotequote all
Cold said:
Stopping or pausing in a bus lane for 59 seconds is a serious offence. I can see why the council is pursuing this blatant dangerous lack of care for other road users. I doubt if it's anything to do with revenue collection but simply a safety measure.
It is indeed a VERY serious offence. All motorway & highway police patrols, beat officers & serious crime investigators should immediately be re-directed to monitor all UK bus stops. Armed officers are to be on stand-by & police stations cells cleared of robbers,peed-o-files,drug barons & those unable to spell. Should an unauthorised vehicle pause within the confines of the bus stop area police will immediately authorise a lock-down restricting movement of all persons within a half-mile area. The driver & any passengers will be ordered to evacuate their vehicle with their hands on their heads & be subject to a body search. Upon being driven away to the local police station their car will be removed & crushed. On conviction all occupants of the car will pay a £1000 fine a serve a minimum of 5 years in a Butlins holiday camp, a Centreparc, a Holiday Inn or a Costa coffee shop. After all this IS a very serious offence.

daveinhampshire

531 posts

126 months

Wednesday 26th April 2017
quotequote all
Glassman said:
daveinhampshire said:
The offence is:

"Stopped on a restricted bus stop or stand"

At no point does it say parked, clearly there is no time element as stopping is an instant process hence the time element being the same minute. You will fail trying to discredit the officer concerned, their word is good enough and as you're suggesting earlier the driver(s) can not recollect their movements at the time is going to be far more credible.

Pay the fine, move on.
Can the officer prove it? How do we know he has the right car, or that it was stopped? I can't see how they can go slapping fines on allegations they have no proof of.
Yes they are going to be believed, that's how the system works, it's based on trust. I'm no fan of heavy handed ticketing but trying to argue it out especially with London authority's just isn't worth it. Defence's such as sneezing mentioned below are just not going to cut the mustard.

cmaguire

3,589 posts

109 months

Wednesday 26th April 2017
quotequote all
'Officer'?

Don't get too carried away, this is some dropkick on near enough minimum wage desperate to believe his life is worthwhile. The Council have given him a fancy job title in lieu of having to pay him a decent salary.

Markbarry1977

4,066 posts

103 months

Thursday 27th April 2017
quotequote all
All these people saying just pay it and move on. What if the ticket had landed on your door Matt, you knew you hadn't done it, would you just pay it and move on. To say they can fine you on the word of some jobsworth without any evidence is ridiculous. There must be checks and balances in place and a requirement for evidence. Otherwise how do you guard/appeal against a genuine misidentification. What if your plate is cloned.

48k

13,086 posts

148 months

Thursday 27th April 2017
quotequote all
Markbarry1977 said:
All these people saying just pay it and move on. What if the ticket had landed on your door Matt, you knew you hadn't done it, would you just pay it and move on. To say they can fine you on the word of some jobsworth without any evidence is ridiculous. There must be checks and balances in place and a requirement for evidence. Otherwise how do you guard/appeal against a genuine misidentification. What if your plate is cloned.
Has the OP confirmed that his wife had not stopped as alleged?

Glassman

Original Poster:

22,534 posts

215 months

Thursday 27th April 2017
quotequote all
48k said:
Has the OP confirmed that his wife had not stopped as alleged?
We both use the car; the bus stop is on the route home (from school/her work/local shops etc).

Type R Tom

3,864 posts

149 months

Thursday 27th April 2017
quotequote all
Glassman said:
48k said:
Has the OP confirmed that his wife had not stopped as alleged?
We both use the car; the bus stop is on the route home (from school/her work/local shops etc).
Has the evidence turned up yet?

Markbarry1977

4,066 posts

103 months

Thursday 27th April 2017
quotequote all
48k said:
Markbarry1977 said:
All these people saying just pay it and move on. What if the ticket had landed on your door Matt, you knew you hadn't done it, would you just pay it and move on. To say they can fine you on the word of some jobsworth without any evidence is ridiculous. There must be checks and balances in place and a requirement for evidence. Otherwise how do you guard/appeal against a genuine misidentification. What if your plate is cloned.
Has the OP confirmed that his wife had not stopped as alleged?
Sorry I didn't mean this incident specifically what if it happened to someone who was genuinely innocent, saying the traffic wardens word is law without evidence of some sort rather than someone's word.


Edited by Markbarry1977 on Thursday 27th April 10:46

Glassman

Original Poster:

22,534 posts

215 months

Thursday 27th April 2017
quotequote all


Says he/she hadn't finished writing the ticket, and therefore could not affix or serve it??

Type R Tom

3,864 posts

149 months

Thursday 27th April 2017
quotequote all
Glassman said:


Says he/she hadn't finished writing the ticket, and therefore could not affix or serve it??
I thought you were questioning if it even happened and therefore wanted (possibly) photographic evidence?

Glassman

Original Poster:

22,534 posts

215 months

Thursday 27th April 2017
quotequote all
Type R Tom said:
I thought you were questioning if it even happened and therefore wanted (possibly) photographic evidence?
I am. Well, *she* is.

cmaguire

3,589 posts

109 months

Thursday 27th April 2017
quotequote all
Markbarry1977 said:
All these people saying just pay it and move on. What if the ticket had landed on your door Matt, you knew you hadn't done it, would you just pay it and move on. To say they can fine you on the word of some jobsworth without any evidence is ridiculous. There must be checks and balances in place and a requirement for evidence. Otherwise how do you guard/appeal against a genuine misidentification. What if your plate is cloned.
The Council are not interested in cloned plates, they just want the money.

A family friend of 85 had to go to the independent adjudicator over a PCN for a traffic offence in Redbridge on a motorcycle.
He lives in Cambridge and has never been to Redbridge, he rarely travels more than 25 miles. Somebody had used a motorcycle with the same numberplate as his and ridden across a pedestrian area on a road against the direction of travel. The whole thing was patently nonsense at the first appeal, but they still took it all the way.

cmaguire

3,589 posts

109 months

Thursday 27th April 2017
quotequote all
Glassman said:
I am. Well, *she* is.
However ridiculous the PCN is, what did actually happen at that time?

Type R Tom

3,864 posts

149 months

Thursday 27th April 2017
quotequote all
cmaguire said:
The Council are not interested in cloned plates, they just want the money.

A family friend of 85 had to go to the independent adjudicator over a PCN for a traffic offence in Redbridge on a motorcycle.
He lives in Cambridge and has never been to Redbridge, he rarely travels more than 25 miles. Somebody had used a motorcycle with the same numberplate as his and ridden across a pedestrian area on a road against the direction of travel. The whole thing was patently nonsense at the first appeal, but they still took it all the way.
The problem is that they have heard every excuse under the sun so you can't blame council etc from being suspicious.

cmaguire

3,589 posts

109 months

Thursday 27th April 2017
quotequote all
Type R Tom said:
The problem is that they have heard every excuse under the sun so you can't blame council etc from being suspicious.
Their motivation is what drives them, and it isn't the truth whatever the quality of excuse.