3. Being in a bus lane during hours of operation.
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Being in a bus lane during hours of operation.
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On my way to Eastbourne my satellite navigation took me through Tunbridge Wells. Not knowing the area, I was unaware that I had passed through a bus lane/road that looked like a normal road. I did not notice the two blue signs giving details of times of operation at the entrance of this bus lane/road that look like parking restriction signs. There was not the usual red tarmac road surface and big signage to indicate it's a bus lane.

When I go to "view the evidence", the pictures do not show clearly, so that you can read them, the 2 signs at the entrance of the bus lane or anything else to show it's a bus lane.

The PCN details are incorrect, it states the colour of my car is BLACK but it is BLUE and registered as BLUE.

Any help will be greatly appreciated.

https://imgur.com/a/vEYcQgc
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Re: Being in a bus lane during hours of operation.
« Reply #1 on: »
Unfortunately these signs are now in very common use to indicate a "Bus Gate", and are enforceable as Bus Lane offences. The signs are very clear in the photo. 

In the 50s when ships were equipped with radar, there was an expression "a radar-assisted collision" where two ships saw each other on the radar, but seemingly ignored what they were seeing.  It looks like we have a new phenomenon of "Sat-nav assisted PCN" as we see so many threads where this is a theme.

Did you not understand what the signs meant, or just didn't notice them ?  Whilst you can submit reps, you need a credible theme, and I don't see one at the moment. Hopefully, others may do so, so wait a bit before paying.
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Re: Being in a bus lane during hours of operation.
« Reply #2 on: »
Thank you for your reply.I was turning into this road so I didn't notice them to slow down to read them.For the first few weeks of operation the council sent out warning letters to drivers who were caught in this road. Better signage would help.
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Re: Being in a bus lane during hours of operation.
« Reply #3 on: »
Can you please post-up a GSV link to the exact location, and tell us which road you turned out of. Inadequate signage can win at adjudication.
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Re: Being in a bus lane during hours of operation.
« Reply #4 on: »
6 Monson Rd
https://maps.app.goo.gl/YRZEWVKbPctjjpcf9?g_st=ac

There is this warning sign. It is, however, a bit confusing. It doesn't reflect the actual road layout.

The bus lane is round to the left (but you can't go straight on, it's a no entry side street).

The council are hugely unlikely to accept inadequate signage. There is some chance an adjudicator might, with the full penalty payable if they don't.
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Re: Being in a bus lane during hours of operation.
« Reply #5 on: »
Quote from: slapdash on June 23, 2024, 08:28:12 am
6 Monson Rd
https://maps.app.goo.gl/YRZEWVKbPctjjpcf9?g_st=ac

There is this warning sign. It is, however, a bit confusing. It doesn't reflect the actual road layout.

The bus lane is round to the left (but you can't go straight on, it's a no entry side street).

The council are hugely unlikely to accept inadequate signage. There is some chance an adjudicator might, with the full penalty payable if they don't.
And also this sign, further back, so two advance warning signs. Frankly, this would make an appeal much more difficult. However there is the absolute right in law to take the matter to adjudication.
https://maps.app.goo.gl/rX18EzED4i14b3dq6
However, the real point is that once the restriction signs are reached, there is no alternative, so why not have the bus lane restriction start just past the first warning sign where there is at least a left turn option.
« Last Edit: June 23, 2024, 09:58:44 am by Incandescent »
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Re: Being in a bus lane during hours of operation.
« Reply #6 on: »
Thank you for your very helpful reply, being on holiday I don't have access to a large monitor screen to look at the street view, but when traveling at 20 mph these signs are easily misunderstood.
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Re: Being in a bus lane during hours of operation.
« Reply #7 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Being in a bus lane during hours of operation.
« Reply #8 on: »
Is the fact that the PCN has an error on it, that they have stated the car colour as black not blue a reason to get it cancelled ?
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Re: Being in a bus lane during hours of operation.
« Reply #9 on: »
Quote from: Mondeoman on June 29, 2024, 07:50:30 am
Is the fact that the PCN has an error on it, that they have stated the car colour as black not blue a reason to get it cancelled ?

Car colour not mandatory requirement.
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Re: Being in a bus lane during hours of operation.
« Reply #10 on: »
Thank you
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Re: Being in a bus lane during hours of operation.
« Reply #11 on: »
Quote from: Mondeoman on June 29, 2024, 07:50:30 am
Is the fact that the PCN has an error on it, that they have stated the car colour as black not blue a reason to get it cancelled ?
No but if you give us what we've asked for we might find something that is a reason to get it cancelled.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Being in a bus lane during hours of operation.
« Reply #12 on: »
Thank you for your reply.

I was about to submit an appeal based on postings on this forum as the 21 days + 2 days discount period is almost up, but any further advice would be very much appreciated.

As requested.
Vehicle Reg   EA63BZX
PCN  KU89669724
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Re: Being in a bus lane during hours of operation.
« Reply #13 on: »
@Mondeoman well there is no video on the council website, which is odd for a bus lane case. The only evidence is the following photos:







Please can you post up all sides of all pages of the PCN? I need to check the statutory wording.

You deadline to make representations within the discount period is probably midnight on Tuesday, but we don't have enough data to say if the discount runs up to 21 days from service, 21 days from issue, or even 14 days from issue. It's entirely possible that when the legislation changed the period from 14 to 21 days, the computer code that drives the discount wasn't updated, we simply don't know.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Being in a bus lane during hours of operation.
« Reply #14 on: »
Thank you for your reply.

I Have been trying to attach the 4 pages of the pcn but am having problems. But I will be able to do this later today.

I have been Googled "Tunbridge Wells Mount Pleasant Road Bus Lane"  and lots of articles and complaints about it come up about this bus lane and the confusing signage.
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