Right. I have edited, added to and re-submitted my representations. See below. Apologies for not posting before submitting but the apparent 28 days of the enforcement notice expires shortly. I've also attached the screenshot of the Lambeth Website.
Thanks again. Will keep you posted on their response!
Representations:
There was no breach of the order and I challenge liability for this PCN for the following reasons:
1. The video evidence does not show any upright signage allegedly passed and therefore does not prove the alleged contravention
2. According to Article 4(2) of the applicable Traffic Management Order (TMO) the controls specified in Article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road adjacent to the bus lane. At the time of the alleged contravention the vehicle KU17HJM moved to access the adjacent road on Clapham Park Road solely for the purpose of turning left at the junction with Abbeville Road/Acre Lane. This manoeuvre was legal under the terms of the TMO, the Bus Lane was not entered in contravention of the TMO as the adjacent road was to be accessed by the Vehicle KU17HJM.
3. The adjacent road referenced in point 2 is the nearside left hand filter lane characterised by the short stretch to the Stop Line diagram 1001 between the nearside kerb and traffic island, the signal controlled pedestrian crossing, Give-way triangular road marking and Double Broken white line at the subsequent left hand turn junction with Abbeville road/Acre Lane and does not state or carry valid upright signage or road markings denoting that it is a Bus Lane.
4. In reference to point 3, the diagram 1049A marking denoting the boundary of the nearside with-flow Bus Lane ends just before the traffic island. As per the Traffic Signs Manual Chapter 3 article 9.3.9 “the end of a with-flow bus lane will usually be obvious through the termination of the diagram 1049A marking.”
5. The diagram 964 “End of Bus Lane” is neither visible from Clapham Park Road itself nor in line with the end of the diagram 1049A marking termination as mandated by the Traffic Signs Manual when it is being used.
6. In reference to points 3 and 4, the diagram 1048 is beyond the diagram 1049A marking termination and is therefore invalid.
7. The diagram 953 is not visible until the driver has already committed to the nearside left hand filter road exit and become trapped between the nearside kerb and traffic island. The driver is beyond the point of no return otherwise a dangerous reversing manoeuvre would be required.
8. In reference to point 7, the diagram 953 does not meet the TSRGD 2016 regulation of signage size which states the minimum is 450mm. The diagram 953 is not compatible with a Traffic Signal Head and thus is not prescribed in its current setting at Clapham Park Road.
9. The signal controlled pedestrian crossing within the nearside left hand filter lane is inappropriately signed in lacking the Zig-Zag and Termination marks mandated by the Traffic Sign Manual Chapter 6. Presumably this has been wilfully omitted by Lambeth Council as they recognise that these markings would be mutually incompatible with their alleged Bus Lane or apparent efforts to define a Bus Gate using the non-prescribed diagram 953 on the traffic signal head at this location.
10. There is a left-turn arrow road marking (diagram 1038) just prior to the traffic island that guides drivers into the nearside left hand filter lane / adjacent road (detailed in points 2 and 3) at a point where it is visible to the driver that the nearside Bus Lane is ending (due to termination of the diagram 1049A) and thus the manoeuvre to turn into the filter lane is deemed permissible by the driver. In reference to point 7, the non-prescribed diagram 953 is not visible from the diagram 1038 left-turn arrow to contradict the driver’s opinion of this permissible manoeuvre.
11. The alleged contravention is de minimis, the manoeuvre of the vehicle evidenced by the video did not undermine the Bus Lane or obstruct or interfere with any Bus Lane traffic, traffic on Clapham Park Road or Abbeville/Acre Lane or Pedestrians and Cyclists.
12. Overall the layout at Clapham Park Road to Abbeville Road/Acre Lane is inadequate and confused with conflated, missing and non-prescribed upright signage and road markings that only serves to entrap drivers into the nearside left hand filter lane that Lambeth Council alleges is a Bus Lane to justify their issuance of PCNs for the purposes of significant revenue generation at this location from unwitting drivers who merely pay without raising discord.
Please cancel this PCN in light of the above
