Hi,
I was sent this PCN for being in a bus lane. After a quick search, I can see there are several complaints online about this infamous bus lane, including a couple of cases on here where the appeal has been allowed.
Here is a link to the PCN and video evidence:
https://imgpile.com/p/7kyV9u5Here is a link to street view:
https://maps.app.goo.gl/tCsFryVMPpXB3CBK8I'm usually so careful with bus lanes, but I'm not from this area and this totally caught me by surprise - I knew as soon as I was in the lane that I could be in trouble, but there was no way to pull into the other lane without endangering others.
I've drafted an informal challenge based on others I've seen:
Dear Sir or Madam,
I wish to challenge the above Penalty Charge Notice issued for an alleged bus lane contravention at the stated location.
My challenge is made on the basis that the signage and road markings at this location are unclear, ambiguous, and insufficient to adequately warn motorists of the restriction in advance, and therefore the alleged contravention did not occur.
I was travelling along a stretch of road (A312, Pett's Hill) on a Saturday where a bus lane operates only during limited hours (7–10am and 4–7pm, Monday to Friday). That bus lane then ends, and the lane reverts to normal use for all traffic. After this point, as the road curves, there is a very short section of bus lane which operates at all hours.
The issue is that the signage indicating this 24-hour bus lane is positioned at the entrance to the bus lane itself and was not visible until I already committed to the lane. By the time the sign becomes visible, it wasn't possible for me to safely move into the adjacent lane without causing a risk of collision with another vehicle in my blindspot.
This is made worse by the inconsistency of the restrictions along the same route. A long stretch of bus lane operates only at certain times, yet a very short section immediately afterwards operates 24 hours a day. This inconsistency is not clearly conveyed to drivers and is confusing, particularly as the sign can reasonably be interpreted as referring to the earlier bus lane that has already ended, rather than indicating a new restriction beginning at that point.
In my view, the correct signage is not placed “before” the bus lane in a manner that allows drivers sufficient time to react safely, as required. The restriction only becomes apparent once a driver has already entered the prohibited section, at which point avoiding it would be unsafe.
Furthermore, as seen in the video, the roadmarking denoting the bus lane is severely faded and difficult to read.
I'm aware that appeals relating to this exact location have previously been allowed by adjudicators on the basis that the signage is ambiguous and misleading, and that the placement of the signs does not adequately convey the restriction in advance.
For these reasons, I submit that the alleged contravention did not occur and request that the Penalty Charge Notice be cancelled.
Should you reject this challenge, please ensure that all relevant Traffic Management Orders, signage authorisations, and evidence relied upon are provided so that I may consider the matter further.
Some questions:
- Are there any other points to add to my challenge which could help?
- There is a white lane layout sign further up the road which indicates a bus lane is coming up (
https://imgpile.com/p/A8O6h6W), however it doesn't include any details of the restrictions and it's still not clear where the bus lane is based on the road layout. How much will this matter in the appeal?
- I understand the council are likely to reject the challenge, but I'm nervous about how the tribunal process works, is there some advice anywhere I could read?
Thanks in advance for reading this far!
