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What I want to know about this is obviously included in my original submission...
Hi Jo... I thought the question was obvious, but obviously not, sorry. I'm asking if the fact I was in the bus lane in order to make a U-turn rather than using the bus lane to traveling down the road, constituted statutory grounds for a successful challenge the pcn in court?
Hi Jo... if as you say, which concurs with the response to my original communication with the Parking Services who issued the pcn, that 'You only have to enter the bus lane for any reason to commit the offence' then why is there an appeals process?
Its like saying you can appeal the decision however there are no circumstances under which we would review the decision!!! Rough justice n'est pas?
PS in your experience what would you say the chances are of me successfully arguing in court that de minimis applies in this case? I know you clearly can't guarantee any particular outcome, but assuming the local council had prepared properly so the magistrates just had to make a decision on the merits of the case, do you think they might agree that it is de minimis?
And if they don't, and the pcn is upheld, would I risk any increased fine or court costs by appealing the decision in court?
Hi Jo... many thanks for your responses & I think you've covered the ground pretty well - last question... you mentioned they increase the pcn in the event of a lost tribunal - does this mean I lose the current option of paying the discounted amount of $65, (available until 25th July) and it reverts back to full rate of £130, or could they increase it even further? Many thanks... ivan
Many thanks - you've provided enough information for me to make a regrettable decision! Just out of interest, do you know what the thinking is behind increasing the penalty by some 40% if the magistrates don't happen to adjudicate in my favour?
I can understand some court costs being incurred (although you mention this is unlikely or minimal) but to make the punishment more severe just for having the temerity to question the issue seems designed simply to deter people from attempting to obtain some justice.
Its not a new scenario - justice sacrificed on the alter of myopic adherence to the letter of the law - how do you guys reconcile such sad outcomes?