Here's what I've got so far.... feel free to correct / re-write / critique. It's just the first stab at it.
I write to you as the driver of the vehicle involved in the aforementioned contravention. I am challenging the aforementioned Penalty Charge Notice (PCN) issued on 28/04/2023, on the Broadway, due to several compelling reasons that question the validity of the charge itself.
Inadequate and Severely Worn Painted Road Markings
The bus lane markings at the site of the alleged contravention were severely faded and arguable ineffective due to their low visibility at the time of the alleged contravention. It is significant to note that road markings in and around the Broadway have undergone a repaint in May/June 2023, suggesting they were indeed unfit for purpose at the time the PCN was issued. Further reducing the visibility of the worn markings was the wet road surface, which resulted in any remaining contrast being observed as spotted patches on the asphalt.
It should also be known that there are numerous recent TFL Streetcare reports regarding faded bus lane markings that were promptly repainted within days of being reported, many of which were already far more visible than the one in question. The Highway Code requires that bus lane markings must be clearly visible and that they should be maintained in good condition. I believe that the markings in question did not meet these requirements.
Damaged and Redacted Bus Lane Signage
Secondly, whilst there have previously been two signs indicating the start of the bus lane, only one remains - and it has sustained damaged to an extent that makes it not clearly visible to oncoming vehicles. This ambiguity regarding the start of the bus lane, coupled with inadequate road markings, adds up to an overall lack of clear notification of the bus lane to drivers, which is essential for them to comply with the regulation.
I would strongly question why a 'Bus Lane' sign, which would have been the only sign visible to drivers waiting to merge onto the Broadway, has been removed and not replaced or repositioned, considering it would have been clearly visible whilst stationary at the traffic lights. There is otherwise no clear indication of an oncoming bus lane for the first or second vehicle at the traffic light whatsoever, as was the situation in this case. I make this reference following the images you’ve provided me of the junction from Google Images, dated 2021.
Google Images (2021)
Lastly, in your response containing Google Images (dated 2021), you've referenced two signs that you argue I should have seen. However:
• The blue bus lane sign you've highlighted is not visible to, or intended for, vehicles positioned at the junction where I was stationed. It is in fact angled almost 90 degrees away from my line of sight
• The 'End of Bus Lane' sign, located at the end of the bus lane, cannot realistically act as an advance warning of an oncoming bus lane
You further explain that the road markings, as per the Google Images (dated 2021), are sufficient. However,
• Whilst not as diminished in these historic snapshots as the current date, they are arguably below the standard required under the Highway Code
The road marking indicating that road users may use the left lane following the 'End of Bus Lane' sign has, as of the date of the alleged contravention, completely faded and is not visible at all whatsoever. It does not resemble an arrow, or a road marking for that matter. It is illegible.
I’d note that my points of appeal made have not been acknowledged in your response.
Given these circumstances, I believe the Penalty Charge Notice issued is unjust and request that you duly consider my appeal, given the overall lack of clear and proper signage and road marking, and cancel the PCN.
I look forward to your response at the earliest convenience.
Yours sincerely,
