Newham Council PCN – Being in a bus lane (Camera enforcement) – Barking Road E16, opposite The Rathbone Education Centre

Hello everyone,

I'm seeking your guidance on whether there's an opportunity to appeal this Parking Charge Notice (PCN). Unfortunately, I missed the initial bus lane sign and entered the lane about 90 meters in. I noticed a "bus stop" road marking, which led me to believe that the lane was simply a bus stop, rather than a dedicated bus lane. I had intended to make a left turn and, as the recording captured by the council shows, I had my indicator signalling left. Additionally, I assumed that the lane was open for motorists making this turn, as the road design seemed to suggest so. The entire length of this particular bus lane is approximately 180 meters, and it appears that I overlooked the only sign indicating its restricted use.

Thank you for your time and consideration.

Link to PCN Notice:
https://drive.google.com/file/d/1MZS3mUx5AvlwcYrH9t-31n87IY_Yj3_z/view?usp=drive_link

Location Street view link:
https://maps.app.goo.gl/5YbqeG4JfsjxF7Ao6

Actually two signs, one a warning, and one at the point the bus lane starts. In addition, there is the wide white line that should have also alerted you.
However, before final advice can be given, we need to see the video, so obtain it and post it here. If you don't know how, post up the reg number of your vehicle, and the PCN number. It's not looking good, though.

Video:

https://www.youtube.com/watch?v=hv8Og4GlKoA

I've requested the make and model of the camera, in the meantime I suggest you make a plea for discretion in order to buy time. Type up a draft and put it on here for review.

Do not pay the penalty, as there will be plenty of opportunities to get this cancelled in due course.

Hi All,

thank you for such a swift response and thank you for linking the video.

please see my initial draft response:


Dear Newham Parking,

I am writing to formally request that the Penalty Charge Notice (PCN) number PN73988500, issued to me on 12/09/23, be reconsidered based on mitigating circumstances.

On the day in question, I unintentionally entered the bus lane approximately 90 meters from its starting point. I was not aware that it was a bus lane, as I missed the initial sign indicating so. My confusion was compounded by a "bus stop" road marking, leading me to believe that the lane was simply a designated area for buses to stop to allow passenger to alight, rather than a dedicated bus lane.

I had intended to make a left turn, as evidenced by my activated left-turn indicator, captured in the council's recording. The road design appeared to suggest that the lane was open for motorists making this specific turn, which further contributed to my misunderstanding. Unfortunately, it seems I overlooked the sign indicating the lane's restricted use during a set time.

I fully acknowledge the importance of adhering to traffic laws and regulations, which are designed to maintain safety and order on the roads. However, in this instance, I believe that my actions were not deliberate but rather the result of genuine confusion and misunderstanding of the road layout and markings.

In light of the above, I kindly request that you exercise discretion in this matter and consider cancelling the PCN.

Thank you for taking the time to read my appeal, and I am hopeful for a favourable resolution of this matter.

I look forward to your response.

That'll do for the purposes of buying time.

Thanks for this, I'll send the appeal tonight and let you know what happens from there.

This is the response from the council:


The website reference seems to be for this: https://www.tes.ltd/fixed-cameras-6/#small-blue

That camera is not mentioned on their latest certificate.

Thanks for confirming, not sure what this mean for me? also, I'm still waiting for a response from Newham council on my appeal. it's been radio silence from them.

It means an appeal can be pursued on the basis that their camera is not authorised for bus lane enforcement in London. Let us know when you get the notice of rejection and we'll explain the next steps.

Hi All,

finally received the a letter from Newham council, summarising what was said:

The bus lane were clearly signposted and it is the driver responsibility to adhere to the bus lane restriction. subsequently, there is no reason to cancel the penalty charge. The discounted payment of £65.00 will be accepted if paid before the end of the period of 14 days beginning with the date of service of this letter.

would it be useful if I upload the letter as an attachment?

thanks

It would be useful to see it.

In any case, would you like me to represent you at the tribunal?

Hi thanks for the response,

I have attached the rejection notice from Newham.

Also, yes please I would like you to represent me at tribunal.

What would be the next steps?

Thanks

[ Guests cannot view attachments ]

You need to wait for the enforcement notice and repeat the representations again, the council will then issue a formal notice of rejection. At that point we can appeal to the tribunal.

Hi All,

Hope you enjoyed your festive break.

Just to give you an update, I've finally received the formal enforcement notice from Newham council, Shall i proceed with the formal representation using the same informal representation (reconsidered based on mitigating circumstances) that was previously made? or is there anything else you advice i should add to this formal representation?

Kind Regards

Smurf-e

Yes; but, we need to see the Enforcement Notice in case there are errors.  I see CP is doing this one in any event.