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Just been stung by road camera in Dulwich Village - Page 15

jojo661

Posted: Thu Sep 1, 2022 7:31pm

Posts: 4

Location: Dulwich

Joined: 1 Sep 2022

Posted: Thu Sep 1, 2022 7:31pm

Eric1 wrote on Thu Sep 1, 2022 6:55pm:

Hi all, the same thing happened to me and got the 33a contravention letter last week.

Reading what has been posted on this forum, I understand some people have managed to get the PCN cancelled and got away with just a warning. However, some of these posts are from last year and was just wondering if it is worth making a representation at the current time? I was going to use one of...

... the sample letter I have downloaded from this forum, but am not sure what the chances of getting a positive outcome from Southwark right now. 

If anyone has managed to reverse the initial charge recently, please do let us know.

Many thanks,

I also was wondering the same, seems the same as the camera scam that was on Gipsy hill, think the locals successfully  set up a protest group and found out it had generated over a million pounds, I found this article online though recent August  4th so may look into what they did I am beyond fuming, not sure if it will post worth a look‘Hundreds’ of traffic cameras in South London may not be legally approved

 4 August 2022  James Twomey  0 Comments

“Hundreds of cameras” used by local authorities to prevent motorists from entering bus lanes may not be legally approved.

The cameras are used to fine motorists who drive in bus lanes, with some reaching up to £130.

Lambeth, Bromley and Hammersmith and Fulham councils have each had bus lane fines thrown out on appeal at a tribunal as they were unable to prove their cameras were approved.

Motorcyclist Nahid Hossen, 34, of Wallace Close in Thamesmead, managed to overturn a fine from Lambeth council in August last year and was awarded £76 as the council had been “wholly unreasonable”.

He said: “This is an illegal operation raising millions of pounds. How on earth are they still allowed to do this if the tribunal finds it inadmissible?

“It’s not only Lambeth robbing people. I was lucky on this occasion.”

The fines were overturned by the London Tribunals as the local authorities could not prove the cameras had been certified under the London Local Authorities Act 1996 (LLAA 96).

Motor fine campaigner Ivan Murray-Smith, who lives in Norfolk, has helped overturn around 100 fines from councils in London.

He said: “Hundreds of cameras could be unauthorised and fining people on a daily basis. 

“I’m not suggesting people should be able to break the law with impunity, but local authorities that are enforcing the law should be following the laws themselves.”

A London Tribunals adjudicator called the bus lane fines laws “opaque” as different legislation applies to local authorities inside and outside of Greater London.

Under Schedule 1 of the LLAA 96, London councils have powers to enforce bus lane fines with an “approved device”, which is specified in an order made by the Home Secretary.

In a letter to Mr Murray-Smith from the Home Office, seen by South London Press, the Home Office said it had not approved any new cameras since 2000.

Councils have been producing certificates for cameras certified under acts that apply to England, but not councils in London.

A spokesman for Lambeth council said: “We work hard to ensure all our equipment and signage complies with all regulations and standards. Motorists can appeal if they feel a penalty has been wrongly applied.

“We have been advised that all bus lane cameras operating in London are prescribed under the LLAA 96, so they can be used for enforcement.”

Bromley council said an administrative error meant the wrong certificate for the enforcement camera was submitted to the adjudicator when its case was thrown out.

A Hammersmith and Fulham council spokesman said: “All Penalty Charge Notices are issued by an officer who reviews the video footage, and all bus lane cameras operating in London are prescribed under section 4(1) of the LLAA 96.”

When asked to provide proof that the borough’s cameras were in line with legislation, it did not respond.

The Department for Transport could not confirm which legislation councils in London should be using and said that adjudicators should have the final say on bus lane fines.

Ryan93

Posted: Thu Sep 1, 2022 8:12pm

Posts: 23

16 helpful points

Location: Dulwich

Joined: 6 Aug 2021

Posted: Thu Sep 1, 2022 8:12pm

Eric1 wrote on Thu Sep 1, 2022 6:55pm:

Hi all, the same thing happened to me and got the 33a contravention letter last week.

Reading what has been posted on this forum, I understand some people have managed to get the PCN cancelled and got away with just a warning. However, some of these posts are from last year and was just wondering if it is worth making a representation at the current time? I was going to use one of...

... the sample letter I have downloaded from this forum, but am not sure what the chances of getting a positive outcome from Southwark right now. 

If anyone has managed to reverse the initial charge recently, please do let us know.

Many thanks,

The advance warning signs on Gallery Road, College Road, Burbage Road and Turney Road were all changed this year, so previous representations would be outdated. Its best to write your own representations, either way in my opinion its not scientifically possible for a human to compute such complex timing information when navigating and merging of a roundabout or departing from the crossroads on Burbage/Turney Road when the drivers attention must be solely focused on three-way-directional-traffic it poses, not least any cyclists, pedestrians and vehicles passing in all directions, however no doubt some adjudicators may disagree. Make sure the PCN was served within 28 days of the alleged contravention, also check whether the time was close to when the Bus Gate restriction finished, as theres an argument that can be put forward in that particular case.

jojo661

Posted: Thu Sep 1, 2022 9:18pm

Posts: 4

Location: Dulwich

Joined: 1 Sep 2022

Posted: Thu Sep 1, 2022 9:18pm

Ryan93 wrote on Thu Sep 1, 2022 8:12pm:

The advance warning signs on Gallery Road, College Road, Burbage Road and Turney Road were all changed this year, so previous representations would be outdated. Its best to write your own representations, either way in my opinion its not scientifically possible for a human to compute such complex...

... timing information when navigating and merging of a roundabout or departing from the crossroads on Burbage/Turney Road when the drivers attention must be solely focused on three-way-directional-traffic it poses, not least any cyclists, pedestrians and vehicles passing in all directions, however no doubt some adjudicators may disagree. Make sure the PCN was served within 28 days of the alleged contravention, also check whether the time was close to when the Bus Gate restriction finished, as theres an argument that can be put forward in that particular case.

Thank you

Vince Mc Grath

Posted: Fri Sep 2, 2022 6:38pm

Posts: 1

Location: Dulwich

Joined: 2 Sep 2022

Posted: Fri Sep 2, 2022 6:38pm

Soph wrote on Sun Jan 24, 2021 11:15pm:

I just wanted to ask if others have been caught on the new cameras in Dulwich Village. Having not driven in the area fir months, I had to collect my son who’d broken down on his bike near Dulwich Park. I then drove through the village to return home. I have now received a PCN as I had no idea t...

...he village ( northbound towards Pickwick Rd) was closed at certain times of the day. Has anyone else been caught out by this. And if so we’re you able to have your PCN cancelled?  

I have just received a penalty charge 33e Dulwich village northbound. I never saw any signs to say I could not drive on this road, and my sat nav brought me down this route. as I live in Norfolk I am not familiar with this village. I will just have to pay it as I am to far away to contest it.this is legal theft by crooked counsel's. 

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Ross83

Posted: Fri Sep 16, 2022 3:25pm

Posts: 2

1 helpful points

Location: Dulwich

Joined: 5 Nov 2021

Posted: Fri Sep 16, 2022 3:25pm

Vince Mc Grath wrote on Fri Sep 2, 2022 6:38pm:

I have just received a penalty charge 33e Dulwich village northbound. I never saw any signs to say I could not drive on this road, and my sat nav brought me down this route. as I live in Norfolk I am not familiar with this village. I will just have to pay it as I am to far away to contest it.this...

... is legal theft by crooked counsel's. 

Yeah exactly the same thing happened to my wife. She took this all the way to tribunal because we agreed it was a ridiculous fine due to firstly the amount of signs up that you just cannot process even at 20mph, secondly the poorly positioned signs specifically relating to the bus gate and thirdly the fact the video of our incident clearly shows a child on a bike crossing the road without looking and therefore that was the focus of her attention. They did not take any of that as a reasonable excuse, which is quite frankly a joke and therefore I can only deem this to be a money making scheme for the council. My recommendation is to keep them busy and take it all the way to tribunal, because they shouldn't be getting away with this. I suppose at least they reduced the fine down to £65. 

AndrewMallon

Posted: Thu Apr 25, 2024 11:08am

Posts: 2

Location: Blackheath

Joined: 11 Jan 2023

Posted: Thu Apr 25, 2024 11:08am

Hi,

I was caught by this a few years ago. There is no clear signage leading up to the roundabout, and often even if you realised it would be too late. You would have to slam on, reverse and go back round the roundabout which would not be possible if a car was behind you, and in any event it would be dangerous to do so.

That was my argument and I was successful with it.


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