Free Traffic Legal Advice

Hi All,

I've received a ticket today with the letter dated 08/09/2023 for the contravention 34J BEING IN A BUS LANE which occurred on the 28/08/2023

I remember this clearly where as I was driving down Ripple Road (Barking), a car had pulled out from the petrol station hence I used the bus lane oppose to carrying out an emergency brake.

There was little space for me to move back into however the bus lane came to an end just in front of the final car. You can even see the arrows to use both lanes in the pictures taken and it shows me driving outside the bus lane till this car pulled out.

Is this worth appealing?

https://ibb.co/wwGqcQy
https://ibb.co/yhfNQmx

I've taken these coordinates of Google Maps: 51.533186, 0.107451 for exact point of detection.

I remember this clearly where as I was driving down Ripple Road (Barking), a car had pulled out from the petrol station hence I used the bus lane oppose to carrying out an emergency brake.

It doesn't really come across like that in the video:



As Hippocrates has identified, vague locus is a good starting point, so I suggest you draft a challenge based on that and put it on here for review. As far as I can see there are at least 11 bus stops on Ripple Road but it's worth double-checking.

In the meantime I'll find out the make and model of the camera, they might not have a valid certificate for it.

It's worth adding that officers from this authority are unlikely in the extreme to turn up to a contested hearing, and if you require them to attend and they don't you win by default, so it's probably worth taking this all the way.

It seems to me the video shows the OP's car passing round the vehicle exiting the garage, going into the bus lane, then carrying on in it quite fast, undertaking cars as well.  There is no attempt to exit the bus lane after avoiding the other car. On the video, the contravention is made out very clearly.

Absent a technical argument which there nay well be. Pay the discount i cannot see any adjudicator accepting your version of events

Draft:

Dear Sirs

Ref:  PCN.......................VRM....................

I make this initial submission against the PCN as follows:

1.  The PCN does not state the exact locus of the alleged contravention. 

2.  The video evidence shows no relevant warning signage allegedly passed by the vehicle concerned.

Therefore, in view of the above, please cancel the PCN as you have not proved the alleged contravention.

Yours faithfully

Name

Address

Hi,

Yes, sorry still here.

I've lodged an appeal over the weekend and will let this forum know how the outcome goes.

It's unfortunate that it looks as if I was driving too fast and remained in the bust lane but in the time I had to react I felt it safer to stay in the bus lane oppose to swerving back into the lane. The bus lane literally finishes just out of shot and I had to enter that lane too.

Quote from: Aiden on September 18, 2023, 09:08:35 am

Hi,

Yes, sorry still here.

I've lodged an appeal over the weekend and will let this forum know how the outcome goes.

It's unfortunate that it looks as if I was driving too fast and remained in the bust lane but in the time I had to react I felt it safer to stay in the bus lane oppose to swerving back into the lane. The bus lane literally finishes just out of shot and I had to enter that lane too.

Papers-based, or telephone hearing ?

On the council's website. Should hear within the next 10 days

FOI response:



The EA's current (and only) certificate for bus lane enforcement:



Looks like an easy win on appeal to the tribunal. Will likely be made even easier by the fact that the council probably won't bother to turn up.