Please help, unfair bus lane PCN! **Overturned**

[LauraWD]

Hi All,

 

I received a PCN for driving in a bus lane which I think is massively unfair and should have never been issued. I'm planning to appeal but am looking for some advice on what I should include in the letter to ensure success! I've outlined the details of the 'offence' below.

 

I'm looking for some advice on the best way to appeal a PCN for bus lane use that is most likely to be accepted.

 

The PCN is for driving in a bus lane in Bath:

1 - I don't live in Bath anymore, I moved to Edinburgh in 2007 and was home visiting my parents.

2 - Last time I was home the bus lane was only operational at 'standard' times, it seems it has since changed to 24/7.

3 - In the photo you can clearly see I am moving back out of the bus lane (I'm right over to the right hand side of it) and that I have just passed 2 cars that were in 'my lane' i.e. the lane I should have been in as they've pulled out round a parked car.

4 - In the video online you can even see that I was in the right lane and moved over to avoid collision.

5 - While it is a 24/7 bus lane now the 'offence' occured at 18.55pm on Sunday 7th July (yes that's right, a Sunday evening!) no buses were in the bus lane at the time, in fact of the 4 buses that run along that road only 2 run as late as that on a Sunday, one has a stop there at 18.09 then the next one is not until 20.09 and the other has a stop there at 18.41 then the next not until 19.26 so I was 14 minutes after the nearest time to a bus being in that lane and 29 minutes away from the next one arriving!!

6 - Perhaps not quite as relevant but I had just driven 400 miles from Edinburgh, this was the last 3 miles of my journey.

7 - I have NEVER received a PCN before in my life, I have a clean license and am a responsible driver.

 

If anyone can offer any words of advice so I can do my best to avoid the £30/£60 charge I would be most appreciative. I'm not disputing I was in the bus lane but I was there to avoid a collision and not obstructing any buses whatsoever!

 

Kind regards

 

Laura

[renegadeimp]

If the signs say not to drive on the lane between certain times or not at all, and you did, then the pcn is correct.

[sequenci]

I think the collision argument is the only likely one that could succeed here. It's worth appealing on that, no doubt.

 

I'm sure someone more versed in PCNs will be along to help you further.

 

Best wishes,

 

Seq.

[Michael Browne]

Am I right in assuming that you moved into the bus lane in order to avoid 2 on-coming cars?

 

If so, bus lane TRO's generally have an exemption clause something along the lines of:

 

Nothing in article……..of this Order shall render it unlawful for a person to

cause or permit any vehicle to enter the bus or cycle lane for so long as may

be necessary to avoid an accident.

 

What was the exact location?

[LauraWD]

Hi Michael,

 

Yes you are right in assuming that. There was a vehicle parked on the opposite side of the road and so cars had pulled out to go round it, the bus lane is on the Wellsway Road in Bath, it's at the top of a hill and starts just after you crest the hill. I therefore couldn't have seen the cars coming toward me until I crested the hill and so had to move into the bus lane (or do an emergency stop although, looking at the video think they would have hit me if I'd just stopped).

 

The video clearly shows I was driving in the correct lane and moved to avoid the cars coming toward me, unfortunately while it shows me starting to move back toward the right lane it doesn't film past the point at which I did move back (and I did as I had to in order to cross the roundabout in the right lane to get to my destination).

[Michael Browne]

The only bus lane I can find is in Wells Road (a continuation of Wellsway) here?

 

http://goo.gl/maps/qbshf

 

If this is the right one, the TRO is here:

http://tro.parking-adjudication.gov.uk/files/BN435B.pdf

 

which includes:

 

10. Nothing in this order shall render it unlawful for any person to cause or permit any vehicle to be in

any bus lane as specified in Schedule 1, Schedule 2, Schedule 3 (Wells Road), Schedule 4 or Schedule 5 to this

Order, during the operative times in order to avoid an accident.

 

You need to appeal on the grounds that the contravention did not occur, citing the above exemption, that you took action to avoid a collision with on-coming vehicles and moved back out of the bus lane immediately after.

[LauraWD]

Michael,

 

Thank you so much, it's not actually that one, it's further up the Wellsway, not sure if this link works:

https://maps.google.co.uk/maps?q=Wells+Road+bath&hl=en&ll=51.377185,-2.363241&spn=0.004956,0.007843&oe=utf-8&client=firefox-a&hnear=Wells+Rd,+Norton+St+Philip,+Bath+BA2+7LX,+United+Kingdom&t=m&z=17&layer=c&cbll=51.377205,-2.363382&panoid=AtrKBM3st9ElXk0NOeiw7A&cbp=12,102.38,,0,5.76

 

Bath Vetinary Group is in the vicinity if not.

 

I've also tried to film the video they've provided and put it on you tube (

) not great quality I know , not sure if that helps?

 

If there's a similar section about this bus lane I think I've got a case.

 

Kind regards

 

Laura

[sequenci]

Driving around Bath is a nightmare, hope you get it sorted!

[Michael Browne]

 

Bath Vetinary Group is in the vicinity if not.

 

OK here: http://goo.gl/maps/HF82k

 

I've also tried to film the video they've provided and put it on you tube (

) not great quality I know , not sure if that helps?

 

If there's a similar section about this bus lane I think I've got a case.

 

I can't find the TRO for that bus lane (there are over 400 listed, the latest of which is only 2009), but it will certainly have a similar clause. It's a standard bus lane exemption and I would still appeal

 

The council is likely to reject your representations, but if it was me, I'd take it to adjudication.

[LauraWD]

Thanks again! I've drafted the below (I will ask for the TRO from the council to fill in the blanks); do you think this is reasonable?

 

 

To Whom it May Concern;

 

I am writing to appeal PCN xxxx on the grounds that the contravention did not occur, as per exemption X.X (Nothing in this order shall render it unlawful for any person to cause or permit any vehicle to be in any bus lane as specified in x to this Order, during the operative times in order to avoid an accident.).

 

As I think you can see from the video evidence there was a car parked on the opposite side of the road which vehicles travelling in the opposite direction to me were pulling into my lane to avoid. I therefore needed to take action to avoid a collision with on-coming vehicles and moved back out of the bus lane as soon as was reasonably safe to do so (unfortunately your video does not show this however I can assure you I did as I needed to in order to be in the correct lane to carry straight onto Peasedown St John where my parents live and whom I was driving to visit). You can indeed see that I was on the right hand edge of the bus lane which indicates that I was moving back over at the time however.

 

I do not deny entering the bus lane however it was not for want of willfully contravening the traffic laws but rather out of need to avoid a collision; you will see at the start of the video that I swerve over quite quickly as, if you're familiar with the stretch of road, I have just crested the hill and only then been able to see the oncoming traffic.

 

In addition I feel it worth mentioning (although I am not appealing on this basis) that I do not recall the signage for the bus lane in question being particularly clear, on my last trip to Bath I believe it was not a 24 hour bus lane and certainly didn't have a camera (I used to get very angry with people driving in it when I was queuing for the roundabout so recall this quite clearly!) and do not recall seeing any pre-warning signs indicating this had changed nor that there was a camera as I believe is required for the bus lane to meet regulations.

 

On a final point I would like to note that I did not obstruct any buses as none run that stretch of road at that time of evening on a Sunday and I have never before received a PCN despite living in Edinburgh (kingdom of bus lanes!)

 

Kind regards

 

Laura

[sailor sam]

Hmm. The video clip shows cars not giving way when the obstruction is on their side. Personally under the circumstances, I cannot see a justified enough reason for entering the bus lane due to there being parked cars on the opposite side of the road.

 

I think the exemption refers to unexpected circumstances which my result in an accident. Parked cars aren't surely 'unexpected'. In this scenario. you should treat the bus lane as if it was a pavement. Obviously the on-coming cars aren't exactly abiding by the highway code either. They should be giving way as they would on a normal single carriageway road and you should drive according to those conditions presented to you, i.e. stop if necessary.

 

Look at like this, what would you have done had a bus been 'overtaking' (undertaking if you like) you in the bus lane (which they are perfectly entitled to do)?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[LauraWD]

I take your point Sailor Sam but what the video doesn't show very well is that just behind me there is a central island to my right and a pavement to my left (the bus lane starts almost immediately on the left just after the pavement which is the point at which I swerve in), I couldn't see the first car which was already in my lane until I was in that position (as another thing the video doesn't really show is that I enter the video right at the crest of a hill) so if I'd simply stopped dead we'd almost certainly have collided with me/me with it.

[sailor sam]

I'm just looking at it how an adjudicator may see it. I don't think the circumstances qualify the exemption. However, I am happy to be proven wrong. If you are still within the discount period, then deffo give it a go. I must say though, I think your letter contains some info which is irrelevant. They normally like you to stick to the facts, nothing more.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Michael Browne]

By all means ask the council for the TRO, but make sure you appeal within the 14 days if (as is very likely) they don't respond in time.

[LauraWD]

Thanks Michael, would you say that if they don't reply with it to just use the TRO example you gave (Nothing in article……..of this Order shall render it unlawful for a person to

cause or permit any vehicle to enter the bus or cycle lane for so long as may be necessary to avoid an accident.) and state that I have requested the TRO to confirm that this regulation applies to that bus lane also?

[Michael Browne]

Yes.

 

You could also mention that there were no other vehicles either in your lane or the bus lane and therefore you gained no advantage over other traffic by moving into the bus lane, your only concern was to avoid an accident with on-coming vehicles who were occupying your lane.

[LauraWD]

Thank you so much, you've been incredibly helpful.

[green_and_mean]

5 - While it is a 24/7 bus lane now the 'offence' occured at 18.55pm on Sunday 7th July (yes that's right, a Sunday evening!) no buses were in the bus lane at the time, in fact of the 4 buses that run along that road only 2 run as late as that on a Sunday, one has a stop there at 18.09 then the next one is not until 20.09 and the other has a stop there at 18.41 then the next not until 19.26 so I was 14 minutes after the nearest time to a bus being in that lane and 29 minutes away from the next one arriving!!

 

What about the next coach when was that due, or the next taxi or mini bus and of course all cyclists are in bed by half six we can discount them!

[LauraWD]

To those that were so helpful you may be interested to know I got this bus lane PCN revoked! in case anyone has a similar issue and would like guidance on wording I've copied the successful appear letter below.

 

Dear Sir / Madam,

I would like to appeal against my Notice Of Penalty Charge. I received the Notice Of Penalty Charge on xxxxxxxx. The bus lane violation was recorded on xxxxxxxx and my registration is xxxx xxx.

The place and time of offence is: xxxxxxxxxxxxxxxxx.

I fully understand and have been complying to bus lane regulations until this unfortunate incident on xxxxxxxxxxxxx.

At the time of the offence I was travelling to visit my parents who live in Peasedown St John (I was on the last leg of my journey; you will note from my address that I live in Edinburgh).

I entered the bus lane to avoid colliding with an oncoming vehicle which was in my lane due to a parked vehicle on their side of the road.

I was unable to see the oncoming vehicle in time to stop (which would have been the only other course of action available to me due to a central island on one side of me and pavement before the bus lane commences being on the other) as I had just crested the hill and it was not apparent until that point that the vehicle was in my lane (if you’re familiar with the stretch of road you will know that visibility is poor until you’re level with/past the aforementioned traffic island).

Once I had passed the initial vehicle another oncoming vehicle had pulled out (and then indeed another!) leaving me with no option but to remain in the bus lane however I did subsequently pull back into the lane I was initially in as I needed to in order to be in the correct lane at the roundabout to head straight on for Peasedown St John.

In the stills you have sent you can see that I have moved to the outer edge of the bus lane although you don’t show (as presumably the camera angle doesn’t allow) me moving back out of the bus lane. What you can clearly see in the video available on your website is that I began in the correct lane and swerved into the bus lane to avoid the oncoming car.

It is not my intention to violate bus lane rules, but rather it was a genuine attempt to avoid a collision that would have been exceptionally difficult to avoid in any other way.

I would kindly request that you may revoke the PCN on the following basis:

1. If it had not been for the oncoming vehicle I would not have entered the bus lane at all. I did so in order to avoid an accident.

2. In accordance with the TRO for said bus lane (which I have attached for your benefit) avoiding an accident makes it permissible to enter the bus lane:

3. The footage clearly shows there were no other vehicles in either my lane (apart from the oncoming ones) nor the bus lane and thus I gained no advantage over other traffic by moving into the bus lane, my only concern was to avoid an accident with on-coming vehicles.

4. I believe that throughout the entire footage captured, you can see me move into the bus lane and then move over to the outer edge once past the videos which I feel gives probable cause to show that I did move back out of the bus lane albeit out of camera shot.

5. While not shown in your video I did move back out of the bus lane as soon as was reasonably appropriate and safe to do so.

6. It is my first ‘offence’ and I intend it to be my last.

Your understanding would be greatly appreciated. Please feel free to contact me at xxxxxxxxxxxx if you need further clarifications.

Thank you, Yours Sincerely,

[sequenci]

Awesome result. Congrats

[sceppy]

Does anyone know where'how I can find Lewisham TROs for bus lanes?

Thanks

 

Does anyone know where/how I can access Lewisham bus lane TROs?

Thanks,

 

Steve

Edited September 18, 2013 by citizenB

[citizenB]

http://davidmarq.com/uploaderv6_1/files/7/Lewisham%20(Local%20Road)%20(Bus%20Priority)%20Traffic%20Order%202008.pdf

 

Is this what you want ?

[sceppy]

Yes, just found it myself. Thanks. Points 5.2 a, b, c are all relevant.

Assuming this site is being watched by those who issue PCN notices, in more general terms, would someone raise multiple points, layer them, focus on one (perhaps including other things)?

Is an apology customary (e.g. for needing a video to be taken)? Is there a ballpark length, format? How do I include photos, video if need be (or should I just say that such are available if required? Can I use email or does it need to be posted? If I run over, should I send a summary, saying more to follow very shortly? Do they use common sense to draw conclusions or is it more than their jobsworth and attitude (of defendant/mood of LA) influences decisions more than supporting evidence or safety etc. Have posted this point onto my own thread too, (equally relevant and justified) called unfair bus lane violation? Cheers!