Free Traffic Legal Advice

We know this location.

Are there any steps I should be taking at the moment?

Yes ! Keep your eye on the calendar, because you only have limited time in which to submit representations.

A quick look at GSV shows there is an advance warning sign of the bus lane here:-
https://maps.app.goo.gl/orgbGSU3kqtKKATf8
Question is, of course, is the sign still obscured ?  The sign is highly visible in this GSV 2021 view: -
https://maps.app.goo.gl/cwnWNftC8krHKaZd8
Then along come the usual thick and stupid council parks department on 2022 to plant trees to make it all look pretty: -
https://maps.app.goo.gl/8j3QywnYo4LXVUpE8
and the trees flourish !
In addition, the sign is placed well to the left and not in a driver's line of sight.

However, having just passed your test, you need to get very rapidly up-to-speed on bus lanes in London and their signs.

I was unsure if the road markings meant it could enter the bus lane as the line was broken at the entry.

This road marking is the standard taper marking for a bus lane about to start. The blue sign just beyond it is the start of the actual bus lane.

Finally, your narrative doesn't match what I see on their video. It shows you driving from the traffic lane into the bus lane, past the sign and the traffic island, then the motorcyclist comes past in the traffic lane, and you re-enter the traffic line a short distance after the bus lane starts.

So what does the above mean ? Well, it means you should submit representations on the obscured advance sign, and that the bus lane appeared as a complete surprise to you, (the video shows you slowing down), and due to the traffic island you were unable to avoid it so had to continue into it before leaving directly the traffic island was passed. This could be a win at London Tribunals on the signage. It might be useful to see if the statutory register at London Tribunals have any cases here.

https://www.londontribunals.gov.uk/about/registers-appeals

I should have updated that on 8th Feb at 17:42 I submitted an appeal:

---

Reason for appeal: 'I was avoiding an accident'

Your answers:


-Question 1 : 'Please briefly describe the circumstances of the accident which you tried to avoid by moving into the bus lane'
        Answer : 'The advance signage for the bus lane was not adequately clear or visible on my approach due to the presence of trees on Charlton Church lane between the advance warning sign and the driver's position. Because of this I continued to keep left.

A motorcycle was following closely behind me for the preceding stretch of road, when I became aware of the bus lane I was unable to safely move to the correct lane and avoid a potential collision with the motorcycle which overtook me on the right.

The presence of the traffic island meant I could not safely avoid the lane once I realised the restriction.'

-Question 2 : 'Would you like to give us any more information or tell us about mitigating circumstances?'
        Answer : 'No'

-Question 3 : 'We will process your information in accordance with our privacy policy. Please check the box below to confirm that you have read and understood the privacy policy'
        Answer : 'Checked'

No, you certainly haven't made a mess of it. London councils ruthlessly game the system to keep the money rolling in. They do this because they know if they reject virtually all representations, most people, (>95%),  then just cough-up to get closure, and their not knowing the law.

I think you have a reasonable case to take to London Tribunals, and as this is a bus lane contravention PCN served under the London Local Authorities Act 1996, I suggest you look at Schedule 1 Section 7 (6)

https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted

However, under the above Act, the next stage if you don't pay the discounted penalty (£80), is they will serve an Enforcement Notice. At this stage the discount option is lost. Only when you have submitted representations against the EN, and been rejected, can you register an appeal at London Tribunals.

and the prospect of going through tribunals is a bit daunting.

Not daunting at all. ALmost all hearings nowadays are by phone or by video, (assuming you have the kit for a video hearing). In almost all cases, the enforcing council don't turn up, so it's just you and the adjudicator.

Of course, if you are strapped for cash, I think most people would sympathise, but with so many people just fold ing and paying the discount, it reinforces councils in their near-unlawful gaming of the system.

Thanks both.

So the next step would be to wait for the EN - then submit an appeal stating that i intend to exercise my right to require witness attendance and full disclosure of the "prescribed device" records?