Free Traffic Legal Advice

Hello,

It has been awhile since I last posted here!

With as vague details as possible, a car was driven into a Bristol bus lane which lead to the letter below being delivered. The driver is not local to Bristol, and was following another car (likely a Taxi) as they missed their turning and ended up going through this bus lane. Honest mistake which looks to be going to cost them £35. Before it is paid, are there any mistakes on the PCN, or a strong appeal which can be used?

Thanks!

Is this your PCN or a 3rd party's ?  Please unredact PCN Number and car reg. Keep name and address redacted. We need to see the video, (the SOLE evidence), so need the above two items.

Third Parties PCN which I am ultimately dealing with.

PCN Number: OB95056300
Reg: DE62SKK

There is no bus lane signage in place. The only signs placed are signs conveying a route restricted to certain vehicles. In this case the signs convey that the route is restricted for use by buses, motorcycles, pedal cycles and taxis only. Contravening this sign is, according to Govt guidance, a moving traffic contravention and not a bus lane contravention. Therefore the appropriate contravention description is Code 33 - Using a route restricted to certain vehicles. You can use the text below in your formal reps but also wait to see if others offer other angles of attack.

The Council’s website states that a bus lane is formed of a solid thick white line with the legend “Bus Lane” marked on the carriageway. None of these defining features were present and so I was not in a bus lane. Your website address stating this is provided below.

https://www.bristol.gov.uk/residents/parking/parking-fines-bus-lane-fines-and-towed-away/bus-gates

The Statutory Guidance for Local Authorities Outside London on Civil Enforcement of Bus Lane and Moving Traffic Contraventions issued by the Secretary by State for Transport does under Annex A, advise that the round blue sign is a traffic sign conveying a moving traffic contravention. The Council has wrongly accused me of a bus lane contravention. The correct description for contravening the sign is code 33 "using a route restricted to certain vehicles". As demonstrated by the aforementioned Annex A, a procedural impropriety has occurred as the wrong contravention description is stated on the PCN and for this it should be cancelled.

Should the Council not agree with the above, I require the Council to give full reasoning for any rejection with counter arguments directing me to the law that the Council rely upon for their rejection and for dismissing the guidance issued by the Secretary of State.

The Council at this stage won't admit any wrong doing. It's only at adjudication that you can expect an indepedent view. If you get the opportunity to pay the discount, take it unless you can afford to pay the full amount. In my opinion you have nothing to pay based on my argument should it go to adjudication but this is no guarantee. Councils know that most people would rather pay the discount than risk paying the full amount. You must act as you can afford should you lose.