Free Traffic Legal Advice

Hi

I am seeking advice on a PCN I received for a bus lane contravention. I really think that there is insufficient signage and road markings. I have already sent the initial representation but this has been rejected. As they say that there is sufficient signage and road markings,  although they do not match up with the government guidance. See image attached.

I approached traffic street from the junction of Hope Street turning left onto Traffic street. You can see from the images this is where I joined the bus lane which is also close to the end of the bus lane.  After each junction there should be clearly marked " BUS LANE" painted on the tarmac in the flow of traffic. so it can be seen ahead from drivers joining the carriageway from junctions.. This helps  drivers entering from the junction notice and avoid entering.  In this instance there are no markings.

There is also no signage to state that it is a bus lane, The only sign that is there is an end of bus lane sign 15-20m from the junction.again see image. There should be a sign head on with the junction so drivers can see them. 

See attached images.

I have visited the location and have taken some pictures. I have marked where the bus lane marking should legally be.

I have also attached a diagram that is taken from the .gov website that shows the laws on how road markings should be set out to make them legally enforceable. If you look at the picture they sent of the car I was driving  you can see it entering the bus lane almost at the exact point that the lane should be marked with "BUS LANE"  you can see that  If the bus lane was marked correctly I could  have seen ahead and that it was a bus lane and not entered. 

You can also see on your images on the fine that there are no white painted BUS LANE markings where they should be.  I have also inspected the opposite side of the road and you have white painted "BUS LANE" after each junction,  although the bus lane is on the inside lane.  But see the image screen shot from the .gov website it should also be done on bus lanes that are on the outside lane also just after the flow of traffic. As per image.

My representation was rejected here is the printed text: and there is a lie about the bus lane being printed on the road (you can clearly see there is not from images on the fine and my images. I have added a few things in bold.

I refer to your representations DATE WAS HERE, in respect of the above Penalty
Charge Notice.
Drivers are not permitted to travel in a bus lane for any distance. There are ample signs
and carriageway markings in place from Hope Street to inform road users that the bus
lane exists and the markings and signage in place are correct, in good condition and,
importantly, in accordance with the Traffic Signs Regulations and General Directions
2002, as amended. There are signs on the entry to the bus lane to indicate the
restriction which is in place. Further, the words ‘bus lane’ and a solid white line appear
on the road which you would have crossed. The signs and markings used are nationally
recognised ones and this means that drivers from other areas of the Country are at no
disadvantage. Please see below the signage from Hope Street which you would have
passed; ( YOU CAN SEE THIS ON GOOGLE MAPS BUT NO SIGNAGE ON THE ROAD OF OFFENCE

It is the driver’s responsibility to ensure they do not contravene any restrictions and
drivers need to be mindful of bus lane restrictions in the same way they would comply
with no entry signs and traffic lights. You should have travelled in the correct lane and
moved over when the markings instructed you to do so.  END OF TEXT IN LETTER

Here is a pin to the exact location, The only sing that the council has pointed out is on hope street.  https://maps.app.goo.gl/HPqPzYk3o2whzEh98

Any Advice will be much appreciated,  and would you think I have a chance to win if I take it further to me there is clearly insufficient road markings and signage? And the council lying about there is road markings should strengthen my case?

Regards and thanks in advance.

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I think you posted this previously ? Full details would assist including your representation.

The council would appear mistaken about the road markings, further given it's the offside that is the bus lane how are you supposed to figure that out.

24 Hope St
https://maps.app.goo.gl/56SYHkpcQjDkr6Nz7

This tells you there is a bus lane but typically it would be on the nearside. Confronted with the road markings who knows where it is

But your choice is basically pay or go to tribunal with the full penalty in play. If the discount is gone tribunal is a no brainer.

Personally I would be going to Tribunal either way

What extra information do you need/any more pointers?

Thank you

Pepipoo has gone phut, so you need to post-up all that you posted there, incl the PCN, sorry.  The bus lane is indicated by that prominent white line which you are expected to pick-up on having seen the bus lane warning sign as you approached the T-junction. I agree it could be better signed, but you have to convince an adjudicator at the Traffic Penalty Tribunal.

You have the absolute right in law to take them to the TPT, but the full PCN penalty will be in play.

Hi Sorry I have been away, I will get the details uploaded later today. Hopefully before noon.

Thanks

Bump>>>>  Any other advice?

Thanks