Barking&Dagenham PCN - Bus Lane crossed for less than 3 sec and 3 meters.

Hi, I received a pcn from Barking and Daghenam Council, for crossing into a bus lane. From the images and video, it's clear I only cross into the bus lane at the very end to turn left, it's crossed for less than 3 seconds and probably less than 4 meters before the lane itself ends. I wrote the following challenge, is it ok? if they reject what should I do, do I have grounds to make an appeal or I pay and that's it? thank you very much for your time and suggestions. Driving in London has become almost impossible.
 
Re: PCN BZ81922532 | VRM HN09 YZU | Ripple Road | 06/06/2025 16:20

I contest this PCN because CCTV stills show my vehicle only entered the bus lane for under three seconds (one to two car-lengths) to execute a permitted left turn via the dashed junction break. There is no evidence of sustained travel in the bus lane. Such minimal incursion is de minimis and too trivial for enforcement. Additionally, advance signage was obscured by foliage and road markings were so worn they failed TSRGD visibility standards. The PCN also omits the relevant Traffic Regulation Order reference.

I therefore request cancellation of PCN BZ81922532. If you decline, please supply the TRO schedule/map, dates of signage and marking maintenance, and issue a formal Notice of Rejection within 56 days to enable my appeal.

Yours faithfully,

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We need to see the video

We need to see the video

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Video doesn't help you. Best chance will be PCN/website wording/process and possibly camera authorisation.

At least 4 car lengths, the average car being about 3.5m long.

I have won several against B and D because they mess up their evidence at the Tribunal stage. This is winnable.

I have won several against B and D because they mess up their evidence at the Tribunal stage. This is winnable.

thanks, How can I contact you in case they reject the challenge I submitted?

At least 4 car lengths, the average car being about 3.5m long.

the use of bus lane is for under 3 seconds and at the very end, I didn't go all the way, this should fall under the "de minimis"principal, too minimal to enforce.
De Minimis Incursion:Many adjudicators accept that a momentary crossing (under three seconds, one or two car-lengths) purely to turn left is too trivial to enforce. Citing the “de minimis” principle (Lambeth LBC v Parr [2013])

Quote from: roythebus on June 13, 2025, 11:58:26 pm

At least 4 car lengths, the average car being about 3.5m long.

the use of bus lane is for under 3 seconds and at the very end, I didn't go all the way, this should fall under the "de minimis"principal, too minimal to enforce.
De Minimis Incursion:Many adjudicators accept that a momentary crossing (under three seconds, one or two car-lengths) purely to turn left is too trivial to enforce. Citing the “de minimis” principle (Lambeth LBC v Parr [2013])

It's more than 2 car lengths (you can tell by the parking spaces),  appears to be 4-5 seconds from when you crossed the line to when you went off screen, and you've gained an advantage by entering the bus lane in passing the car in front. You'll be hard pressed to argue "de minimis"

you can tell from the time stamp in the video, from when I enter fully, it's 3 seconds or less it's not 5 seconds .

There is no 20m de minimis rule despite what some adjudicators have said.

What there is - each case turns on its facts and some authorities and adjudicators will look at triviality towards the end of the lane (which is where 20m comes in), such as drifting in, not undertaking, worn markings, and also if it's a first time contravention (eg see TFL link).

Here I'd say there is no chance as you made a purposeful move into the restricted area and may have undertaken another car to gain advantage.

https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-3530-2425

We are dealing with the 1996 Act which requires the council to attend and submit the correct documents. This outfit have a history of not satisfying both conditions.

BEFORE you submit, please screenshot the grounds page in its entirety as this is for later.

I require you to consider my informal challenge against the PCN as my formal representations against the Enforcement Notice. Furthermore, the video shows no evidence of any upright signage passed. Finally, the date of service is not necessarily the date of receipt.

Considering the above, please cancel both documents.