Author Topic: Medway - Chatham bus lane - TPT state "...the contravention did not occur"  (Read 31756 times)

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Offline JasPCN

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BUS LANE PENALTY CHARGE NOTICE XXXXXXXXXX

I refer to your recent appeal regarding the above Bus Lane Penalty Charge Notice.

I would advise that in accordance with the Traffic Management Act 2004 it is the registered keeper of the vehicle who is liable for the penalty charge and not the driver. The onus lies with the owner to pursue the driver for payment.

I can also confirm that the signage in question is fully compliant with the requirements of the road traffic legislation.

I have however noted that you are not from the area and am prepared to allow you a first occasion and am therefore pleased to advise you that the Bus Lane Penalty Charge Notice has been cancelled on this occasion only.

If however you receive a further Penalty Charge Notice for the same contravention then I can advise that this will be upheld.

Yours sincerely,




D Gillan
Medway Council


Di Gillan/Appeals Officer/Parking Services

Annexe B/Civic Centre/Strood/Rochester/Kent/ME2 4AU

Tel: 01634-332266/Fax: 01634-331777

Email: parking@medway.gov.uk


I need to find out if this chap will give me his PCN number or details. My appeal circumstances were identical to his but mine was rejected. I want to know why I am being treated differently.

Offline dangerous beanz

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"I would advise that in accordance with the Traffic Management Act 2004 it is the registered keeper of the vehicle who is liable for the penalty charge and not the driver. The onus lies with the owner to pursue the driver for payment."

That don't sound right to me.
If there is a tourist season...how come we can't shoot them?

Offline The Bald Eagle

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I need to find out if this chap will give me his PCN number or details. My appeal circumstances were identical to his but mine was rejected. I want to know why I am being treated differently.


@JasPCN

Don't forget they have only recently changed the road layout and whoever it was who was let off their ticket may not have encountered the same road layout as you. I will explain.

After the TPT made rulings late last year that effectively told the council that the signs and lines were unenforceable because they had failed in their Regulation 18 duties (see here for full details http://notomob.co.uk/discussions/index.php/topic,2567.msg20412.html#msg20412 ) someone (and I'm not saying who :-ev-:) put in an FoI request as follows:

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(a) Please provide breakdowns of the following categories, covering the period 3rd December 2012 to 5th March 2013:

In relation only to PCNs issued to motorists for travelling north-eastwards/south-westwards between Medway Street and Dock Lane -

1. The number of PCNs appealed to Medway council.
2. The number of appeals allowed by Medway council
3. The number of appeals denied by Medway council
4. The number of appeals referred to the Traffic Penalty Tribunal (TPT)
5. The number of of appeals allowed by the TPT
6. The number of of appeals denied by the TPT
7. The number of appeals not challenged by Medway council at the TPT

In addition to this, please provide details of the number of appeals currently outstanding at both Medway council and the TPT related to PCNs issued during the period 3rd December 2012 to 5th March 2013.

(b) Please provide breakdowns of the following categories, covering the period 3rd December 2012 to 5th March 2013:

In relation only to PCNs issued to motorists for travelling north-eastwards/south-westwards between the junction with the entrance to the Sir John Hawkins car park, to the junction with Medway Street -

1. The number of PCNs appealed to Medway council.
2. The number of appeals allowed by Medway council
3. The number of appeals denied by Medway council
4. The number of appeals referred to the Traffic Penalty Tribunal (TPT)
5. The number of of appeals allowed by the TPT
6. The number of of appeals denied by the TPT
7. The number of appeals not challenged by Medway council at the TPT

In addition to this, please provide details of the number of appeals currently outstanding at both Medway council and the TPT related to PCNs issued during the period 3rd December 2012 to 5th March 2013.
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The significance of these dates is that the 2nd December was the date of the final damning TPT adjudication and 6th March was when Medway council started to make changes to the road layout at the bus station.

Now comes the interesting bit. The reply to the FoI:

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Breakdown from 3rd December 2012 to 5th March 2013 for Globe Lane Bus Lane (motorists travelling north eastwards/south westwards between Medway Street and Dock Road

347 appeals to Medway Council
298 appeals allowed by Medway Council
23 appeals dismissed by Medway Council
5 appeals referred to Traffic Penalty Tribunal (TPT)
0 appeals allowed by TPT
0 appeals demised by TPT
5 appeals not challenged by Medway Council to TPT

Breakdown from 3rd December 2012 to 5th March 2013 for Waterfront Way Bus Lane (motorists travelling north eastwards/south westwards between Sir John Hawkins Car Park and Medway Street

112 appeals to Medway Council
85 appeals allowed by Medway Council
7 appeals dismissed by Medway Council
0 appeals referred to Traffic Penalty Tribunal (TPT)
0 appeals allowed by TPT
0 appeals demised by TPT
0 appeals not challenged by Medway Council to TPT

There are no outstanding appeals with Medway Council as all appeals are dealt with within the specified timescales. In addition to the figures above there are currently no appeals outstanding with TPT during that period.

I would like to advise that any irregularities with the figures is due to the way the data is stored, there could be duplication whereby a notice of rejection letter has been created and the PCN is then cancelled this would generate a duplication in numbers.


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Ever since the changes on 6th March 2013 the council have made further changes which include moving signs, adding yet further signs, adding lines on the road and adding green tarmac at the beginning of the bus lanes to denote it as such.

Only time will tell if this has had the desired effect, but it is you JasPCN who appears to be one of its latest victims because clearly it didn't.

Now that they have changed the road layout the council will now go back to rejecting appeals in the hope that the next appeal that goes to TPT will be presented by someone who is ignorant of the rules and regs., and who doesn't challenge the ticket on the correct basis. If that were to happen then they would adopt the same stance as previously by holding it out as a precedent for all future cases.

Fortunately however, we are now ahead of that particular game. If you (JasPCN) would like our help with your appeal to the TPT, please PM me so that we can discuss a strategy.

Stay cool 8)

BE
WE ARE WATCHING YOU

 


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