Bus lane Fixed Penalty Notice, Nottingham, 13th November 2007

[liyang]

Hi all,

 

On Tuesday the 13th of November, after a long day of tutoring, I'd just pulled out from Triumph Road by the side of the Jubilee Campus of Nottingham University, onto Wollaton Road, at a few minutes past five o'clock. Here's a map of the route I took:

 

(please paste into Google Maps) from:52.954132,-1.185601 to:52.954961,-1.188614

 

Given the time of the year, it was dark already: the sun had set just under an hour ago. Now Wollaton Road has bus lanes in operation between 16:00 and 18:00 except for Sundays. As it was almost coming up to rush hour, the traffic was just about crawling along. Having turned left at the end of Triumph Road, I noticed a number of vehicles were moving along the bus lane. Looking ahead, I could see some sort of roadblock with someone directing traffic to the left. Since it was a busy junction ahead, my first thought was that there'd been an accident, and the traffic was being diverted through the university campus back on to Triumph Road. (There's another gate to the John Player and Son bonded warehouse car park on Triumph Road. Now ignore the fact that, had I thought this through, I'd have realised this couldn't be the case, as there was only the usual few cars as I walked from the office to my car parked along Triumph Road. I was tired...) In any case, I entered and kept my place in the left-hand lane.

 

Only when I got closer, did it become clear that the road block was just for the left lane; that did make me think the whole situation a little strange. In any case, by that point I had little option but to follow the 'diversion' and turn left, into the normally empty car park. You can guess what happened next.

 

Despite trying to explain my situation, the officer who wrote my FPN (Fixed Penalty Notice) would only care to discuss the technicalities of whether I had been in a bus lane during its hours of operation. She further informed me that, the only person they've let off was someone driving his in-labour wife to the hospital. I'm finding that rather difficult to believe; if it really is true, it only serves to back up my suspicion of the whole event as a profit-making operation. I made it clear that I had no intention of paying the fine, and sent the FPN slip back indicating that I'd prefer to see them in court.

 

So... I'm supposed to show up in Nottingham magistrates court on Wednesday the 18th of June. I'd already received the initial magistrates summons about six weeks ago and I replied to indicate that I intend to plead 'not guilty'. Their reply says: "The hearing of the case against you was adjourned by the court until the 18th day of June 2008 at 10.00 AM at Carrington St., Nottingham when you are advised to attend. The case was adjourned to a pre-trial review hearing, where a trial date will be arranged." Does this mean the 18th isn't the actual trial date, and at this pre-trial hearing one will be arranged?

 

I realise I've left it a bit late to ask this, but: any tips or advice on what to bring with me, or say, on the 18th? What would be the best approach to making my case?

 

I've no first-hand experience of how the procedure works, though I have been trying to read up. I realise that paying the £30 FPN would have been less hassle and a lot cheaper should I lose, but if not I'll just have to write it off as an educational experience. I can't think of any other specific questions to ask at this point, but any helpful pointers would be very much appreciated.

 

Cheers,

/Liyang -- sorry about the long post...

ps: cross-posted to PePiPoo

Edited June 15, 2008 by liyang
FPN not PCN

[Rob S]

The first hearing won't be the trial. They will set a date for the trial, usually within the next 4-8 weeks. You should ask the prosecution for disclosure of the evidence they intend to use in the prosecution. This should be a copy of the FPN the officer wrote out and any statements made.

 

It might be worth your while checking to see if there is a transport regulation order (TRO) in operation for the bus lane.

[liyang]

This should be a copy of the FPN the officer wrote out and any statements made.

There was one statement from the officer who directed me into the car park sent to me already, but none so far from the officer who issued the FPN.

 

At the pre-trial hearing today I'd been informed that further evidence will be posted out to me. One of the magistrate commented along the lines that the statement I received on its own is insufficient evidence... *fingers crossed*

 

It might be worth your while checking to see if there is a transport regulation order (TRO) in operation for the bus lane.

*nod*

 

I've been told elsewhere that it may be worth my while to check out the validity of the TRO at the council and that of the lanes themselves. (Which I intend to do given some spare time...) I note that the first half of the bus lane in question had the usual dashed lane markers, rather than a solid line as one might expect. (You can see this from the satellite imagery on Google Maps; see first post for link / coords.) Would that make said section of the bus lane invalid?

 

Thanks!

/Liyang