Author Topic: Greenwich, 34J - Bus Lane - Camera enforcement, woolwich road sw bound , maryon park 147733  (Read 3669 times)

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hi all

Received this PCN in the post today 

Front


Back


location on google street view - this was the council photo direction with car coming towards camera

I can't add any photos or videos from the council evidence as greenwich pcn website seems to be down currently

The car changed lanes into the bus lane straight after the bus stop visible on street view.

Are these signs adequate?  signs are start from here start of the bus lane - the car entered in bus lane after the 2nd bus stop on the left

where the car entered into bus lane after bus stop

Was wondering whether these signs are adequate,and also the road markings are not clear  - What are your thoughts

Thanks
« Last Edit: August 05, 2023, 07:54:38 pm by cp8759 »

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If you look back along the road to the previous bus lane, it has a sign for a bus lane with a bicycle symbol below the bus symbol: -
https://goo.gl/maps/Z43T2nrqMs9izaKL9
But then all you have are Cycle Lane signs
https://goo.gl/maps/gr2X3z7izbKzdoFE7
and
https://goo.gl/maps/tLmzC5Qa29NnRzcF8
For me, this is extremely poor practice, because bicycles are allowed in the bus lane, so it is very confusing, especially as one can still see the road markings for the cycle lane that was there before the bus lane.See GSV of July 2019 here: -
https://goo.gl/maps/qv6mshWuJAYX2uQ67
It looks like the Highways Department have completely cocked-up the installation of this bus lane.

Correct signage would have the cycle lane signs replaced with bus lane signs with a symbol of a bicycle below the bus symbol.

The other aspect is that it was recently discovered that none of the London bus lane cameras complied with the law, not being approved by the Secretary of State, and a lot of appeals were won at London Tribunals.  However, as you can imagine with the potential loss of lots of lovely dosh, there has been a mad dash by London councils to get them approved.  However, whether this one that they used to whallop you with is so certified, I'm not sure. Somebody on here may know. If it isn't it is a slam-dunk win at London Tribunals.

However, are you prepared to take them to London Tribunals ? It is a double-or-quits gamble because you lose the discount option.
« Last Edit: August 06, 2023, 11:32:15 am by cp8759 »

Agreed, the only sign relating to a bus lane is way back on the roundabout:-

https://goo.gl/maps/Lto9sVYfkeYbGuP6A

BUT ---has the signage being changed since August 2021?

The OP will have to get some up to date photos or use a travelcam to prove inadequate signage.

From GSV it is totally inadequate and thereby unenforceable.

Mike

If you look back along the road to the previous bus lane, it has a sign for a bus lane with a bicycle symbol below the bus symbol: -
https://goo.gl/maps/Z43T2nrqMs9izaKL9
But then all you have are Cycle Lane signs
https://goo.gl/maps/tLmzC5Qa29NnRzcF8
and
https://goo.gl/maps/tLmzC5Qa29NnRzcF8
For me, this is extremely poor practice, because bicycles are allowed in the bus lane, so it is very confusing, especially as one can still see the road markings for the cycle lane that was there before the bus lane.See GSV of July 2019 here: -
https://goo.gl/maps/qv6mshWuJAYX2uQ67
It looks like the Highways Department have completely cocked-up the installation of this bus lane.

Correct signage would have the cycle lane signs replaced with bus lane signs with a symbol of a bicycle below the bus symbol.

The other aspect is that it was recently discovered that none of the London bus lane cameras complied with the law, not being approved by the Secretary of State, and a lot of appeals were won at London Tribunals.  However, as you can imagine with the potential loss of lots of lovely dosh, there has been a mad dash by London councils to get them approved.  However, whether this one that they used to whallop you with is so certified, I'm not sure. Somebody on here may know. If it isn't it is a slam-dunk win at London Tribunals.

However, are you prepared to take them to London Tribunals ? It is a double-or-quits gamble because you lose the discount option.


Thank you Incandescent , the signs are a little confusing and was wondering whether the bus lane sign in the middle of the 2 roads is correct ?
« Last Edit: August 06, 2023, 11:33:25 am by cp8759 »

Agreed, the only sign relating to a bus lane is way back on the roundabout:-

https://goo.gl/maps/MCa11FgoyYY1DEnu7

BUT ---has the signage being changed since August 2021?

The OP will have to get some up to date photos or use a travelcam to prove inadequate signage.

From GSV it is totally inadequate and thereby unenforceable.

Mike

Thanks Mike, I will try to get a video today of the road starting from the previous roundabout this evening and upload on here
« Last Edit: August 06, 2023, 11:33:44 am by cp8759 »

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1167140/approved-devices-granted-to-local-authorities.ods

They do have a new certificate since February.  Only Bromley and Hackney do not have.  The latter will sort it out shortly:  their manufacturer has one but the council doesn't!

The two cases DNCed by members of pepipoo were taken to the Tribunal and Greenwich claimed staff shortage.  In fact, they had no certificate at all though their NORs said they did!  This story will develop.
« Last Edit: August 06, 2023, 10:18:19 am by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Video:



The signage angle looks solid to me, see clause 18(1)(c) of LATOR 1996:

Traffic signs
18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—

(a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
(b) the maintenance of such signs for so long as the order remains in force; and
(c) in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.

Also if a council officer is required to attend the hearing, are they likely to turn up? I somehow doubt it.
« Last Edit: August 06, 2023, 12:02:59 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hi evening all,

Manage to get a video of the drive.  Seems the road works has been ongoing for some time along the whole road in general with signs "bus lane closed" prior to my video starting, should have taken a video but didn't know how far back to go or how useful that might be.

Please see video, seems the signs are the same and the drawing of cycles? In the middle of the bus lane next to the bus stop.
30 secs into video if want to skip straight to start signs

« Last Edit: August 07, 2023, 07:46:51 pm by cp8759 »

Your video shows bus lane signs on the offside, which seems to address the main issue around adequacy.

At this point the camera approval issue might be the strongest point, but we'll have to wait to confirm the make and model of the camera. The fact that the council has a recent certificate is not conclusive, as illustrated in the parking case of Imran Akhtar Ali v London Borough of Redbridge (2230298285, 05 August 2023).

Another angle is that the wrong location is stated on the PCN:, the PCN says Maryon Park but the CCTV camera is on South Lake Roundabout, and the bus lane in question is on the part of Woolwich Road between Charlton Lane and South Lake Roundabout, which is not adjacent to Maryon Park at all.

Give others a couple of days to comment but I'm minded to draft something based on the location issue, and while we wait for the informal rejection I should get confirmation of the camera make and model.
« Last Edit: August 07, 2023, 12:38:29 am by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Your video shows bus lane signs on the offside, which seems to address the main issue around adequacy.

At this point the camera approval issue might be the strongest point, but we'll have to wait to confirm the make and model of the camera. The fact that the council has a recent certificate is not conclusive, as illustrated in the parking case of Imran Akhtar Ali v London Borough of Redbridge (2230298285, 05 August 2023).

Another angle is that the wrong location is stated on the PCN:, the PCN says Maryon Park but the CCTV camera is on South Lake Roundabout, and the bus lane in question is on the part of Woolwich Road between Charlton Lane and South Lake Roundabout, which is not adjacent to Maryon Park at all.

Give others a couple of days to comment but I'm minded to draft something based on the location issue, and while we wait for the informal rejection I should get confirmation of the camera make and model.


Thank you CP, would you mind to see if the drive video youtube upload can be embedded into the post for some reason my post didn't come out right.

Well noticed regarding the location as I didn't think it was that important as it was somewhat still nearby.

Would you need me to do anything - let me know? thank you for your help  :)

If there's no further comments in 2 / 3 days, bump the thread and I'll draft something for you.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

If there's no further comments in 2 / 3 days, bump the thread and I'll draft something for you.

thank you CP for embedding the video. hopefully have some comments if you please do what you need to do :)


thank you again

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1167141/approved-devices-granted-to-manufacturers.ods

So, are we saying we now have to cross-check the above with the individual cameras at each location? And for each contravention - parking or bus lane?  Incredulous!

Well done.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

OP--getting the "bus lane closed" photos would be worthwhile.

I see the bus lane sign at 0.35 of the video but regardless of it being in the wrong place (according to the Traffic Signs Manual(TSM) Chapter 3 “a sign should normally be placed just beyond each side road.”) it's effect as a singleton repeater sign is weakened by the fact that there is nothing in the nearside lane beyond the roundabout.

I still have reservations about the start of the bus lane since the sign is situated on the roundabout and the actual taper for the bus lane extends into the roundabout. The TSM indicates at 9.3.3. --”The bus lane should not start in such a position that the marking to diagram 1010 would extend across a side road junction”. IMO that ruling applies here.

Whilst there is the broad white line which the Council will emphasise I still regard the signage to be inadequate.

Mike

OP--getting the "bus lane closed" photos would be worthwhile.
It wouldn't hurt.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order