Still thinking on it. Probably later this evening.
PCN wording. Bus Lane legend. Left hand sign. Circumstances making it impossible to reverse out.
I am writing to formally challenge the above Penalty Charge Notice, issued for an alleged moving traffic contravention at the Townley Road bus gate at 00:28 hours on [date].
I respectfully submit that the PCN should be cancelled on the grounds that the contravention did not occur, for the following reasons:
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1. Inadequate and Poorly Maintained Road Markings (TSRGD Compliance)
• The road legend “BUS LANE”/“BUS ONLY” at the location is extremely faded and barely visible, particularly in low-light conditions.
• Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the council has a duty to ensure that traffic signs and road markings are maintained so that they are clearly visible at all times.
• TSRGD 2016 and Department for Transport guidance require that road markings and signs be both lawful and sufficiently conspicuous to give road users adequate warning.
• At 00:28 hours, visibility is naturally reduced; the poor state of the markings made it impossible to clearly recognise the restriction before committing to the turn.
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2. Lack of Adequate Advance Warning Signs
• There was no clear advance warning on my approach to indicate that the exit ahead was restricted to buses only.
• TSRGD and DfT guidance recommend advance signage for bus gates so that drivers can take an alternative route without making unsafe manoeuvres at the point of entry.
• The first visible sign to me was on the left-hand side after I had already begun turning, making avoidance impossible without hazard.
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3. Immediate Attempt to Comply Once Restriction Noticed
• Upon realising the lane was for buses only, I immediately attempted to reverse out to avoid entering the restricted section.
• The council’s own video evidence shows my attempt to do so. Unfortunately, a bus entered the lane at that moment, preventing me from safely reversing without endangering myself or other road users.
• This demonstrates my lack of intent to commit the contravention and my willingness to comply once the restriction became apparent.
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4. Time, Circumstances, and Lack of Gain
• This incident occurred at 00:28 hours, when bus traffic is minimal and there is no benefit or advantage to me in entering the bus gate.
• My actions were not motivated by any attempt to bypass traffic or gain priority — I was simply unaware of the restriction due to the inadequate signage and faded markings.
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5. Supporting Precedent and Public Interest
• The London Tribunals have previously allowed appeals in cases where bus gate or bus lane signage/markings were not sufficiently visible or maintained, especially where drivers took immediate action to comply once aware.
• Enforcement should be aimed at preventing deliberate misuse, not penalising drivers caught out by unclear or poorly maintained restrictions, particularly in low-light conditions.
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Conclusion
Given the inadequate road markings, lack of advance warning, reduced visibility at night, and my immediate attempt to avoid the restriction upon realisation, I respectfully request that the PCN be cancelled.
I look forward to your confirmation that this PCN has been withdrawn.
Is this okay?