8 January 2022

Bromley -where they see clearly in retrospect

In order to send a PCN for a bus lane contravention it is a legal precondition that a council believes that a contravention has occurred. This belief has to be stated on the face of the PCN, like this


Mr Mustard was pretty sure there wasn't a contravention in this cctv clip.


Due to a previous problem, resolved by management in the motorists's favour, as no contravention had occurred, the traffic warden not having realised that a sign was back to front, a manager at the jointly managed Bromley & Bexley parking department had invited contact in the future if there was occasion to be unhappy. Mr Mustard was unhappy, as a PCN had been issued that was not merited. He sent a few questions in, now numbered, and the answers are in blue.


Mr Mustard's comments:

1. Good.

2. Good again except that it should have been the conclusion that a contravention did not occur.

3. Two independent viewings would be an improvement.

4. The cctv clip should not have been progressed to a PCN, that ought to be a contractual default.

5. It isn't essential that the person who decides if a contravention has occurred holds a driving licence but it would probably give them more insight and they could do their job better.

Mr Mustard wondered what would happen to the challenge, he didn't have long to wait.


Once Mr Mustard was rubbing the council's nose into the cctv and the obvious danger if the car had not moved left, Bromley Council could 'clearly' see why the car entered the bus lane and duly cancelled the PCN thus saving everyone a lot of wasted time fighting as far as the independent tribunal, which would likely have come to the same conclusion as Mr Mustard.

Mr Mustard thinks that more care will be taken for a while in Bromley and Bexley.

The end.

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