Author Topic: Tunbridge Wells - Mount Pleasant Bus Lane PCN  (Read 682 times)

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Tunbridge Wells - Mount Pleasant Bus Lane PCN
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Hi there,

I've received the Charge Certificate from TWBC regarding Mount Pleasant Bus Lane contravention. The letter alleges that I was sent a PCN - however I have never received it (and I'm sure of it as I always check my mail, and recently have received a lot of correspondence due to insurance claim).







The locations i
s this one:
https://maps.app.goo.gl/btpof7MjkZcNMkh89



Now although I admit I did drive through there, I noticed the sign too late as it's after the traffic lights, and the road markings before the lights do not specify any restriction - the right lane has the straight-or-right arrow, whereas I would expect different road marking to indicate bus lane ahead.



But even if that's the lame excuse I would've agreed to pay the reduced fine (which I think is 50 quid?) but because they didn't send me the original PCN I'm now facing 105 quid charge which is extortionate, and the letter alleges that my appeal time is over.



What can I do in these circumstances? Ideally to appeal the charge altogether or at least get back to the reasonable fine.

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Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #1 on: »
Have a read of
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

which describes the process applicable to resetting your case.
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Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #2 on: »
Have a read of
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

which describes the process applicable to resetting your case.

Thanks - I assume this is for the option to just come back to original smaller penalty. And do I have any chance in appealing the penalty altogether? (Assuming I'll need to do that after the TE9 form)

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #3 on: »
Because you didn't receive the PCN, you get both opportunities.

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #4 on: »
Because you didn't receive the PCN, you get both opportunities.

OK - could you elaborate how I could appeal that? I'm completely noob in that stuff... Something on the grounds of road markings? Or is there anything else I could use?

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #5 on: »
Because you didn't receive the PCN, you get both opportunities.

OK - could you elaborate how I could appeal that? I'm completely noob in that stuff... Something on the grounds of road markings? Or is there anything else I could use?
What was your approach to the restriction, turn left, turn right, or straight ahead ?

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #6 on: »
What was your approach to the restriction, turn left, turn right, or straight ahead ?
It was straight ahead - and as I mentioned, the road marking was indicating that it's allowed, I thought normally bus lane would have different road mark (although I might be making it up...). Looking at GSW there was an advance sign, however even on the GSW it appears somewhat obstructed by the foliage, I can't remember seeing it so maybe now it's even more obstructed (will need to check the next time I'm in that neck of the woods).

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #7 on: »
Here's the advance sign in GSV August 2021
https://maps.app.goo.gl/t55xDnsWfCssXd976
Clearly there is the possibility it is now completely obscured, but only the OP can tell is if it is, by providing a photo.
However the two "Flying Motorbike" signs are well visible on approach: -
https://maps.app.goo.gl/wqJeHCuJvPk4eSdM8
These signs have been there since GSV October 2020

This is not an absolute restriction on traffic, as it is 9am to 6pm, and access is allowed to off-street premises. Quite what that means, I don't know, but probably to ban people from driving in to go shopping or to the pub.So I don't think road markings are needed.

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #8 on: »
Here's the advance sign in GSV August 2021
https://maps.app.goo.gl/t55xDnsWfCssXd976
Clearly there is the possibility it is now completely obscured, but only the OP can tell is if it is, by providing a photo.
However the two "Flying Motorbike" signs are well visible on approach: -
https://maps.app.goo.gl/wqJeHCuJvPk4eSdM8
These signs have been there since GSV October 2020

This is not an absolute restriction on traffic, as it is 9am to 6pm, and access is allowed to off-street premises. Quite what that means, I don't know, but probably to ban people from driving in to go shopping or to the pub.So I don't think road markings are needed.

The "Flying motorbike" signs I only noticed when I was half way through the crossing, by which time it was too late to turn anywhere, and I managed to read half of what was under it. So basically I knew that I probably doing something I shouldn't have done after I've done it.

Ultimately I take it you suggest that I got very little chance of actually appealing the fine?

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #9 on: »
You have the absolute right in law to now take them to London Tribunals, but you'd need to strengthen the advance signage issue, (obscured by tree foliage). You'd then need to convince them on not seeing the restriction signs until too late. 
I did some measuring on the distance across the junction from the traffic lights stop line to the entrance to the restricted route, and it is 30.5 metres, (or just over 33 yards). In my view this is quite a long distance, so if you missed the advance sign, you'd be in danger if you saw the signs half-way across the junction, not forgetting that they have a text board on them with times and allowed vehicles which would be impossible to read until your just about on it. Clearly the council recognised this and erected the advance warning sign.

Of course, if you take them to London Tribunals, it is with the full PCN penalty in play, but no more than that. I suggest that if you take this course, you get some photos taken from a driver perspective, of the the advance sign.

Quote
very little chance of actually appealing the fine

Well, here are the words of the Earl of Montrose. Which are you, fear of your fate, or the benefit of winning is not big enough ?

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win, or lose it all!"
« Last Edit: August 12, 2025, 06:36:54 pm by Incandescent »

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #10 on: »
You have the absolute right in law to now take them to London Tribunals, but you'd need to strengthen the adance signage issue, (obscured by tree foliage). You'd then need to convince them on not seeing the restriction signs until too late. 
I did some measuring on the distance across the junction from the traffic lights stop line to the entrance to the restricted route, and it is 30.5 metres, (or just over 33 yards). In my view this is quite a long distance, so if you missed the advance sign, you'd be in danger if you saw the signs half-way across the junction, not forgetting that they have a text board on them with times and allowed vehicles which would be impossible to read until your just about on it. Clearly the council recognised this and erected the advance warning sign.

Of course, if you take them to London Tribunals, it is with the full PCN penalty in play, but no more than that. I suggest that if you take this course, you get some photos taken from a driver perspective, of the the advance sign.

Quote
very little chance of actually appealing the fine

Well, here are the words of the Earl of Montrose. Which are you, fear of your fate, or the benefit of winning is not big enough ?

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win, or lose it all!

That's quite inspiring I must admit! I'll try to go there within the next few days to see how obscured the advance warning sign is.



PS Silly question - is it still London Tribunals for Tunbridge Wells? On their website it says it deals with London/TfL affairs?

Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #11 on: »
Sorry (very) !  Tunbridge Wells will come under the Traffic Penalty Tribunal as its not a London council. Their adjudications are virtually all phone or video now. LT is similar although I'm not sure on the video facility. Downside of the TPT is their Statutory Register is not on-line and searcheable, A real disadvantage for us, and indeed, appellants.

I get so used to seeing London PCNs I forget that there is another country outside the metrolops !
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Re: Tunbridge Wells - Mount Pleasant Bus Lane PCN
« Reply #12 on: »
Just to give an update - after submitting TE9 form, TWBC decided instead of re-issuing the PCN, to cancel the charge AND the PCN altogether. So thanks a lot for your help guys!