Free Traffic Legal Advice

Date of notice: 07/01/2025

Images:
https://imgur.com/a/DW17iI8
https://imgur.com/a/b9P3qiB

Video:


My car is seen from 45 seconds.

PCN Status History as of 2025-03-14:

This is the second PCN I received from the same camera. The first PCN can be found here:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-bus-lane-pcn-east-india-dock-road-e14-eastbound-from-brunswick-rd/

The event in the video above occurred before I received the first PCN (there was a long delay in receiving both PCN's due to the Christmas period).

This is a regular route for me. I once took the end of the bus lane like this by mistake and didn't receive a PCN. Then I figured it must be ok to use the end of the bus lane, maybe since it ends with a bus stop. Then they installed a new camera and I received two tickets!

My reason for disputing this PCN are as follows:

Short distance travelled in the bus lane

The car is shown to enter the bus lane at the start of a bus stop. The bus lane ends immediately at the end of that bus stop.

On the final page of the PCN, it says, "If you have driven in the bus lane for only a very short distance we do not usually issue a PCN...". So why did they?

Also, I received this PCN late, around 2025-01-19. I called to request the video on 2025-01-20, within the 14 day period to pay the reduced fine of £80. Now the fine online shows £160, so they haven't given me time to review the video before putting the rate up. If the appeal fails, would I somehow be able to at least pay the reduced rate?


I'd really appreciate your input if you have any experience in challenging bus lane PCN's.

I sent the following representation on 2025-04-02:

The Penalty Charge Notice is unenforceable because:

1. The reference to The Interpretation Act is both irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the notice.

2. The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)

https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

3. The statement: "It will not entitle you to the right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement about consideration seems to contradict what has been previously stated.

4. The statement: "Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period." similarly fetters discretion and also misstates the time period.

5. The alleged contravention did not occur.

The embedded photograph and video evidence provided for the PCN lacks any proof of relevant signage either passed or in situ including any relevant road markers proving that this occurred on a bus lane.

6. Short distance travelled in the alleged bus lane.

The car is shown to enter the alleged bus lane at the start of a bus stop. The alleged bus lane ends immediately at the end of that bus stop.

Page 4 of the PCN states, "If you have driven in the bus lane for only a very short distance we do not usually issue a PCN...".

In light of the above, please cancel the PCN.

I checked today and it appears the PCN has been cancelled!

Hippocrates, thanks again for your help!