Free Traffic Legal Advice

Got a code 34J for driving in a bus lane in High Street, Colchester.


I wasn't actually driving. On this day the High Street was closed for a Christmas Market. I was a stallholder, so we unloaded onto the spot, then was asked to move the car. My carer drove it for me. I don't think if he was thinking as the road was closed, the bus lane wouldn't be in effect, but he drove from the High Street into Queen Street.

The ironic thing is was a council Christmas Market, but the city council, not the county council.

I assume there is nothing that can be done as he did drive in the bus line, but just wanted to be sure. One of the photos on the penalty charge is black - not sure if that's normal. 

Here's the google map link.

Here's the PCN.



Here is the road closure notice although the map on it is awful. The closure stopped just short of the turn in into Queen Street anyway which is what I assume they will say.

It's true buses couldn't get down there at all that day with the road closure.

How is this for the appeal?

I am writing to make formal representations against the above Penalty Charge Notice issued for an alleged contravention of being in a bus lane (code 34) on Colchester High Street.

The alleged contravention occurred during the set-up period for the Colchester Christmas Market, organised by Colchester City Council, before the market officially opened to the public. At this time, the High Street was closed to general traffic, with buses diverted and no bus services were operating through the area.

I was a registered stallholder at the market. After unloading my goods, I needed to move my vehicle to a parking area promptly.

While the contravention took place in the part of the High Street that remained nominally open, there was no alternative way of accessing the High Street, so no general traffic or buses could access or use this open section either. This meant access was limited to market stallholders for unloading only.

In these circumstances, my understanding was that the bus lane restrictions were not in effect, as:

•   The road closure and bus diversions meant no buses were using or could use the High Street or bus lane.
•   The purpose of the bus lane, to prioritise bus movements, was entirely negated by the council-organised event.
•   Enforcing the restriction served no practical traffic management benefit.

Additionally, time was very limited during set-up, as stallholders needed to return quickly to prepare their stalls. Using the bus lane provided the quickest and most direct route to relocate the vehicl and the use of the lane caused no obstruction or impact on public transport.

I therefore request that the Penalty Charge Notice be cancelled on the grounds of compelling mitigation and proportionality. This was a minor and reasonable action in exceptional circumstances created by the event itself.

Should you require evidence, I can provide proof of my registration as a stallholder for the Colchester Christmas Market.

Thanks, I will remove all that.

But I just want to be very clear that section of the road wasn't closed. 85% of the road was closed, but the road traffic order stopped just before the bus lane for some reason. However there is no other way of reaching that part of the road any other way that was open, so no buses etc or other traffic could get down there - just stallholders.

But I just think they will come back and say the road traffic order wasn't on that part of the road so tough. I guess that's why I added the other parts.

If you still think I have a case despite this, then that would be helpful.

Great, thanks.

Interestingly when you go to appeal a Road Traffic Order is on their tick box list and when you click it on it says they will consider it.

Anyway, thank you so much for your help.

Appeal all submitted. Will update when I hear back.

They have already replied which seems incredibly quick! They haven't even mentioned the road closure part of it, and focused on the unloading.

Here is the text to save reading the image:

1. Our reasons for rejecting your representations:

The contravention was noted by the camera operator who was observing real-time images relayed from a fixed CCTV camera. Video footage was recorded of the contravention taking place. Should you wish to view this footage, please go to the following website https://buslanepayments.essex.gov.uk and follow links to pay/appeal your PCN. When prompted, enter your PCN number and vehicle registration details. The available evidence can then be accessed using the 'View Evidence' button towards the bottom of the screen.

Only designated vehicles are permitted to drive in bus lanes. By driving in a bus lane you are obstructing the road for these vehicles and causing delays for public transport users. Enforcement of traffic regulations is vital to keep traffic moving across the city.

The Penalty Charge Notice (PCN) was issued to you because your vehicle was seen in a bus lane when it was not permitted to be there.

I have investigated the circumstances raised in your correspondence and have made the decision not to cancel your notice. The reasons for my decision are set out below, along with the options available to you at this stage.

You have stated in your correspondence that you were unloading goods and needed to move your vehicle to a parking area.

It was not necessary to use the bus lane to move to a parking area. Buses, motorcycles, emergency service vehicles, and licensed taxis/private hire vehicles are the only vehicles permitted to use the bus lane. Regardless of why drivers are travelling along that route, any other vehicles are not permitted to use the bus lane.

https://imgpile.com/p/T1axIZc#gallery

So now it's whether I take the risk to appeal or not.

Yes, it says I have 28 days to pay £35.

As I explained in my first post, I wasn’t driving. I’m disabled and have a paid helper. He moved the car and they said he didn’t know you couldn’t get into Queen Street that way. As he was helping me, I feel bad making him pay even though it was his error.