Free Traffic Legal Advice

Hi All, hope you can help me out with this one as it doesn't feel right.

I was driving in bad weather and following satnav, not a defence I know, but my actions weren't deliberate.

I was approaching the rail station along Garrard Street (eastbound direction), and exited across the red brick road onto Station Road - where the 'bus lane' / authorised vehicles section is.

I just got the PCN a few days ago, and would like to build a defence in the representations and then if these are rejected, take it to the adjudicator.

Things that feel wrong about this:

1. Timestamp error on the photo vs the PCN. All the camera footage (except the weird black and white one) show 16:42, but the PCN states 16:43.
2. No bus lane (just authorised traffic) although the contravention is for being a bus lane.
3. The Road markings are incomplete and worn.
4. No actual evidence of the contravention, ie no accompanying photos of signs, times of operation, etc - or me driving through them.
5. No space for turning to avoid the bus and taxi road, and no warnings further up the street.
6. Are the road signs correct? There is a lot of debate on here about that, but I would like to hear whether they are in your opinion.
7. The PCN has a number of errors:
a) Mentions a Tick Box for the representations (A-G), but no tick box provided.
b) Mixed terminology - says ' OTHER GROUNDS', then the box you enter the representation into says 'Other Representations'.
c) 'Other Grounds' refers to 'set out those reasons in full in the box on the following page'. There is no next page, just the box below.


Would really appreciate any help in disqualifying, or refining these and making them into a reasonable representation. Or help with signs or anything that aids my case.

Thanks!

VIDEO EVIDENCE: https://api.zatpark.com

PHOTO EVIDENCE:
https://drive.google.com/file/d/1eGYYRSIeo7IxhYMDSHj4rh8S_wxGLVdr/view
https://drive.google.com/file/d/1nvuh8BeThfVqiZKQDr0FyUmoA3XzY7EU/view
https://drive.google.com/file/d/1g2PYx74fEfb6Qqb9_boJzjoqy9GgTsgj/view

Location: https://maps.app.goo.gl/3JGXWJfLTH1JnmhN7

PCN: https://drive.google.com/file/d/1gsbPvJlU-9gb4XJ3FD6V7vQ-s6aP7jX7/view

PCN: https://drive.google.com/file/d/1n9yWuURntYvnrXWMKMGP2BWzHA4AN7VH/view

Maps: https://drive.google.com/file/d/1PQiUQDd3WGmrzlARi1PEB3L4lr6a_omm/view

Small camera sign: https://drive.google.com/file/d/14sKsamRSH3SUpl4tgSeHvhpglDecYKO1/view

View of bus lane 1: https://drive.google.com/file/d/1oCl__r_Cr2PhidhzJyXbcMMmnEX2be1f/view

View of bus lane 2: https://drive.google.com/file/d/1qJg3Zrh1oMJsKvmm6iM0tXsk33S-Vf7D/view

Looking back down the road: https://drive.google.com/file/d/1Vi73UuTbciVQuVqDmRKnzcAK1YfFpWgz/view

OP----your comments on the timing on the PCN don't appear to hold up.

The Council's evidence still shows you in this street at 16.42.58.92 with a very dark photo at 16.43.02.

https://maps.app.goo.gl/f3rzsZUCjRrmbMAe7

To be absolutely sure you must get hold of the video.

Mike

It is what is called a "Bus Gate" and years ago it was decided at adjudication that PCNs issued for being in a bus lane were lawful.

I don't see much mileage in worn road markings as the signs are clear, plus there is an advance warning sign. No times on the signs mean they apply 24x7

Photos are not obligatory, but the photo on your PCN is generated from the video recording which is the sole evidence of the contravention.  You should be able to view it on their website, and then download it and post it here.

There is room to turn just before the two bus gate signs using the street for accessing the rear of Garrard House

Lack of warnings of a bus gate as you turn into Garrard Street is a valid point, but there is a 'cul-de-sac sign as you approach on Greyfriars Road in a southbound direction, but nothing at all in the northbound direction.

The signs barring your access are the correct bus gate signs.

The PCN looks OK, except there is an error in the black text box referring to serving a Charge Certificate.  They say "will serve", but the regulations only allow them to say "may serve". Whether this is a fatal error, I'm not sure.

There is a lack of advance signage, but that may not win at adjudication.  Others on here may see a killer argument, but at the moment, I don't.

If you submit representations rather than paying, do be aware that there is no obligation on them to re-offer th e discounted amount.  Of course if their reply gets to you before t he 21 day discount period expires, you can pay t the discounted amount, or, of course, register an appeal at the Traffic Penalty Tribunal.

Were you using satnav ? Sorry if the above wasn't what you wanted to hear, but we have to be realistic.

Thanks - here are the videos and photos.

VIDEO EVIDENCE: https://api.zatpark.com

PHOTO EVIDENCE:
https://drive.google.com/file/d/1eGYYRSIeo7IxhYMDSHj4rh8S_wxGLVdr/view
https://drive.google.com/file/d/1nvuh8BeThfVqiZKQDr0FyUmoA3XzY7EU/view
https://drive.google.com/file/d/1g2PYx74fEfb6Qqb9_boJzjoqy9GgTsgj/view

Video's not working for me.

Mike

Nor me

Video's not working for me.

Mike

does this work:

https://api.zatpark.com

Otherwise, can you access the video via the council website?

URL: https://reading.zatappeal.com/
Penalty Charge Notice Number : RG91813766
Vehicle Registration Mark (VRM) : AF11SRV

There is no video on their website, the box for it is blank.

It takes about 10-15 secs for it to load on the council website.

URL: https://reading.zatappeal.com/
Penalty Charge Notice Number : RG91813766
Vehicle Registration Mark (VRM) : AF11SRV

Video:



I'll start with the bad news, and why basically everything you say is misconceived.

The video shows you in the bus gate length of road at 4:43 pm, there's no doubt about that.

A bus gate such as the one here can be enforced under code 34j, see the decision of the High Court in Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin).

The blue signs seen here https://maps.app.goo.gl/nzx32DLehwcvmvUY8 create the restriction, and there is space before the bus gate to turn around. No road markings are required for this type of restriction, as you're meant to know not to drive past the signs (it might be that you're not familiar with these signs, but that's obviously no defence).

The council is not required to provide any evidence at this stage, indeed the fact that they provide any evidence at all is above and beyond what the law requires. All they need to provide is the essential details of the contravention, and either you accept liability or you contest. If you take the matter all the way to the tribunal, at that stage the council must prove its case with evidence, but that's a long way off.

Realistically we have to assume the council would provide photos of the signage at the tribunal, it is possible they might mess up the evidence pack but it would be a massive gamble to risk the full penalty just on that (and most of the time this gamble would not pay off).

Arguments about whether the PCN has a "next page" or the appropriate tick-boxes are misconceived and would be dismissed as an argument over semantics,

Arguable grounds:

The most obvious point is the will / may flaw on the PCN, see for instance the decision in Nigel Houlton v Reading Borough Council (RG00028-2002, 22 June 2020), the majority of adjudicators accept this but one or two don't, if you look up "will / may" on this spreadsheet you'll see all the relevant decisions.

The other issue worth exploring is whether the council could realistically prove that its camera device is in fact approved, so I've made some enquiries about that.

Lastly there's the link approach explained here, which is a strategy of last resort. However rather than making a plea for discretion, it would seem sensible to construct a representation that provides the authority with links to relevant will / may decisions, which is a much more solid argument that mere mitigation.

Please let us know if that all makes sense to you, and give others a chance to comment. Once you've read up on the will / may issue I can draft a representation for you if you're happy to go ahead with the strategy I propose.

Let me know if you have an update for me. Many thanks.