Author Topic: Being in a Bus Lane, Barnet Council, A1000 High Road/East End Road (East Finchley Tube Station)  (Read 114 times)

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For reference, I have already appealed this which was declined and have now received my enforcement notice. I still have plenty of time, so if I have to pay for it and a representation won't cut it, I will. But I believe I have a case here.

To make this easier I have also included Google Drive links to my dashcam footage at the very bottom as well as any other relevant information.

Sometime in April, I got a bus lane ticket and based on the evidence provided it looks like I have no solid reason to appeal. However, what the evidence provided by the council fails to show is that just before the bus lane camera, there were roadworks that forced drivers into the bus lane. As soon as the roadworks ends, the bus lane camera starts. Now, looking back I should've probably moved over, but at the time (along with every other driver on the road) didn't find it necessary (or safe (?)) to move over.

Here is the evidence image provided by the council. As you can see I am clearly in the bus lane, no doubt about it.





However, if we look at my dash cam footage, maybe 20-30m before the bus stop on the left. This is the state of the road prior to that camera.




As you can see, roadworks forcing everyone into the bus lane.

The drivers in the road are then expected to move over in a spot as soon as the bollards open. In my case there was also an oncoming car turning left that proceeded to partially block the lane. See picture below:





I also have images of the road where the roadworks begin. The dashcam footage doesn't include this as I pulled in to the station to pick someone up. These are provided below. There is a sign that is being blocked by the bus, that cannot be seen, so I have included the image for that as well.






« Last Edit: Today at 01:16:06 am by 909ak »

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I saw the video evidence online and the photos embedded here. I can't see any upright signage allegedly passed and in place, and according to what you told, the manoeuvre as shown was wholly necessary...

I have driven this road plenty of times, and live fairly local. I am completely aware of the bus lanes presence.

Considering I had a very similar first appeal, is there anything I can include to make this appeal far more likely to succeed?

You need to understand that money councils and TfL get from PCN penalties is huge, well over £600 million a year and probably now closer to £700 million. So they are hardly unbiased when considering representations. The only place you will get an unbiased judgement is at London Tribunals, but you must risk the full PCN penalty to do so.

So if you are prepared to take them to London Tribunals, submit reps against the EN, as refusal at this stage allows you to register an appeal at London Tribunals.

Sorry not to give advice on your actual reps, but please post your original reps and their response as I can't see them in your thread.

Unfortunately I can’t find the original content of my representation, I usually get them to my email but seems this time not.

I have included their response at the bottom of my original post for everyone to view.

What would be the process of going to London Tribunals?

. . .

What would be the process of going to London Tribunals?

This page is designed to help you understand when you may appeal to the adjudicator and what steps you need to take to do so. When can I appeal? You may only appeal to the adjudicator if: You have...
London Tribunals · londontribunals.gov.uk

. . .

What would be the process of going to London Tribunals?

This page is designed to help you understand when you may appeal to the adjudicator and what steps you need to take to do so. When can I appeal? You may only appeal to the adjudicator if: You have...
London Tribunals · londontribunals.gov.uk


So just to confirm my understanding, I have to reply to my Enforcement Letter (2nd letter) with a formal representation and only when that (inevitably) gets rejected, then I can go to London Tribunals?

. . .

What would be the process of going to London Tribunals?

This page is designed to help you understand when you may appeal to the adjudicator and what steps you need to take to do so. When can I appeal? You may only appeal to the adjudicator if: You have...
London Tribunals · londontribunals.gov.uk


So just to confirm my understanding, I have to reply to my Enforcement Letter (2nd letter) with a formal representation and only when that (inevitably) gets rejected, then I can go to London Tribunals?
Correct.

And final question before I bite the bullet and make a formal representation in prep for it to go to London Tribunals.

By doing so I risk the full price of the PCN. I'm assuming this means the £160 that is due right now and nothing more? At which point, I have nothing to lose by making another representation anyway right?

And final question before I bite the bullet and make a formal representation in prep for it to go to London Tribunals.

By doing so I risk the full price of the PCN. I'm assuming this means the £160 that is due right now and nothing more? At which point, I have nothing to lose by making another representation anyway right?
Yes, correct, all that is at risk is the £160 penalty, there are no additional costs. The system for PCN adjudications has been like this since 1991. And, of course if you win, you pay nothing, but the council must pay the adjudication fee win or lose.

And final question before I bite the bullet and make a formal representation in prep for it to go to London Tribunals.

By doing so I risk the full price of the PCN. I'm assuming this means the £160 that is due right now and nothing more? At which point, I have nothing to lose by making another representation anyway right?
Yes, correct, all that is at risk is the £160 penalty, there are no additional costs. The system for PCN adjudications has been like this since 1991. And, of course if you win, you pay nothing, but the council must pay the adjudication fee win or lose.

Perfect, thanks for that. Appreciate all the help.

In that case then, is there anything anyone can recommend that I add to my formal representation before I send something off? Or is this more so just whatever the council says at this point given that based on the evidence provided, a traffic contravention had occurred?

The video evidence shows no upright signs passed, so this should certainly be one element of your representations, the other can be, according to what you reported and we could see on your video from the dashcam, the manoeuvre was wholly necessary as the traffic was all channelled on the bus lane...

The video evidence shows no upright signs passed, so this should certainly be one element of your representations, the other can be, according to what you reported and we could see on your video from the dashcam, the manoeuvre was wholly necessary as the traffic was all channelled on the bus lane...

Excuse my ignorance. Could you elaborate on the "upright signs passed" comment?

Additionally, I believe I did mention (in my original informal rep) that the maneuver was necessary, however, in their response they stated the following:

Quote
The CCTV evidence shows that although the vehicle may initially have entered the
left lane in response to the roadworks layout, it remained within the bus lane after the
adjacent traffic lane became available, rather than merging back into the unrestricted
lane at the earliest opportunity.

Accordingly, while the initial positioning may have been influenced by the temporary
road layout, the continued use of the bus lane beyond that point was not required by
the roadworks or signage.

The council is therefore satisfied that the vehicle travelled within the bus lane during
restricted hours when it was possible to return to the general traffic lane.

Would they not just argue again that the maneuver wasn't necessary post-roadworks? I understand that based on Incandescent's original reply that the council will be completely biased, for obvious reasons, but I guess this may still be necessary to reiterate regardless?

Do I also have any grounds based on my dash cam footage which shows a vehicle approaching the opposite lane to make the left-turn which would make my merge into the correct lane unsafe? Or would they have expected me to wait for the vehicle to turn in and then merge back?
« Last Edit: Today at 03:56:16 pm by 909ak »

Excuse my ignorance. Could you elaborate on the "upright signs passed" comment?

The video evidence does not support the alleged contravention because it does not show any upright signage. They well know it, and should have cancelled this at the informal challenge stage. Let them prove to London Tribunals that upright signage was correctly in place at that time and on that very day.

Additionally, I believe I did mention (in my original informal rep) that the maneuver was necessary, however, in their response they stated the following:

[...]


I'm not really sure it was easily and safely possible to return to the general traffic lane, as they say, with those poles in the middle and oncoming traffic.

London Tribunals is a totally different thing, and in this new game, what the Council said in their initial responses doesn't count. It will be totally up to the adjudicator.

Excuse my ignorance. Could you elaborate on the "upright signs passed" comment?

The video evidence does not support the alleged contravention because it does not show any upright signage. They well know it, and should have cancelled this at the informal challenge stage. Let them prove to London Tribunals that upright signage was correctly in place at that time and on that very day.

Additionally, I believe I did mention (in my original informal rep) that the maneuver was necessary, however, in their response they stated the following:

[...]


I'm not really sure it was easily and safely possible to return to the general traffic lane, as they say, with those poles in the middle and oncoming traffic.

London Tribunals is a totally different thing, and in this new game, what the Council said in their initial responses doesn't count. It will be totally up to the adjudicator.

What upright signage would they have been expected to show in order to support their claim?

In my original representation, I provided one out of the last two images in my original post to them to show that roadworks had forced road users into the bus lane. Would that not be adequate in showing upright signage, or would their CCTV evidence have to provide that?

And I agree, it was definitely not possible to return safely. Will include that in my formal rep. Thank you.