Free Traffic Legal Advice

If you submit reps beyond the 21 days of the discount period, they may not re-offer the discount.  You have 28 days from service of the PCNs to submit reps, (or pay-up, of course !). We don't know if Sheffield play hard ball or not but many councils re-offer the discount when rejecting reps to encourage payment and avoid them having to prepare evidence packs for an adjudication. Why ? Because if the discount isn't re-offered, it is a no-brainer for the PCN recipient to appeal to the adjudicators as the penalty remains the same and there are no additional costs.

Problem with that is that the council need to seek authorisation to serve moving traffic PCN's even though they now can if that permission is sought. The definition of a bus lane is any road or part of a road set aside for specific types of vehicles ( I am paraphrasing here as not gone back to check) I had considered that argument but dismissed it as one to make only when there is nothing to lose or the OP is aware that it is not a high chance of success argument

Whilst the moving traffic powers in the TMA 2004, have recently been released, Sheffield have long had bus lane enforcement powers under separate legislation. As far as I known these rights are transferable when councils decide to use the TMA.

I am accused of being in a bus lane but none of the signage used is in accordance with bus lane signing as determined by the Department for Transport’s Traffic Signs Manual Chapter 3. The signage used is a variant of diagram 953 from Schedule 3 of the TSRGD 2016. The TMA 2004 prescribes under Schedule 7 Part 4 that contravening the sign to diagram 953 is a moving traffic contravention and the applicable contravention description according to Annex B to the statutory guidance issued by the Secretary of State is code 33 - Using a route restricted to certain vehicles.

The Council has committed a procedural impropriety in its failure to issue a moving traffic PCN in accordance with the TMA 2004 Part 4 and with the statutory guidance which the council must by law have regard to. As a consequence, the penalty charge should be cancelled. If the Council disagrees, I expect the council to layout “clear and full reasons for its decision” as required by the statutory guidance.

I also cannot find any evidence online on the portal to show me where the contravention happened as i am not from the area and upon checking google maps i cannot see no bus gate sign on arundel gate road.

So for these reasons i do not believe that the fine is payable and i urge you to reconsider the PCN.

Thanks

Will this be okay?

As long as i pay £70 for both PCNs, i will not mind if they do reject it as it was worth a go and i believe you should never accept the PCNs as then you are admitting to the mistake but i went through there unknowingly as they have only just recently put the bus gate there even google maps has not been updated so the maps will most likely still make you go through arudel gate road.

Thanks

Yes definitely give it a go if the discount is re-offered if rejected. I suggest also including this paragraph.

Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes the restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.

Not completely unhelpful it defines an area of road but does not refer to the whole road

OP this is an untested argument you must be aware that you could lose and the full penalty would then be due if you want to take the chance and go for it I will help

If you decide to fight use the draft posted by Phamtomcrusader then come back when you get the notice of rejection then we will see what we can come up with

I am accused of being in a bus lane but none of the signage used is in accordance with bus lane signing as determined by the Department for Transport’s Traffic Signs Manual Chapter 3. The signage used is a variant of diagram 953 from Schedule 3 of the TSRGD 2016. The TMA 2004 prescribes under Schedule 7 Part 4 that contravening the sign to diagram 953 is a moving traffic contravention and the applicable contravention description according to Annex B to the statutory guidance issued by the Secretary of State is code 33 - Using a route restricted to certain vehicles.

The Council has committed a procedural impropriety in its failure to issue a moving traffic PCN in accordance with the TMA 2004 Part 4 and with the statutory guidance which the council must by law have regard to. As a consequence, the penalty charge should be cancelled. If the Council disagrees, I expect the council to layout “clear and full reasons for its decision” as required by the statutory guidance.

I also believe that the bus lane definition is unhelpful because:

6(1)A bus lane contravention is a contravention of any provision of a traffic order relating to the use of an area of road that is or forms part of a bus lane.

(2)An area of road is or forms part of a bus lane if the order provides that it may be used—

(a)only by buses (or a particular description of bus), or

(b)only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.

but nonetheless a motorist needs be made aware of the presence of a bus lane and this is done by placing bus lane signage in accordance with the chapter 3 traffic signs manual. The applicable section in the manual has the heading "Bus Lanes And Gates". From this it can be inferred that a bus lane and a bus gate are not the same thing. If they were, the simple heading "Bus Lanes" would suffice. The fact that failing to comply with a sign to diagram 953 is a moving traffic contravention under the TMA 2004 creates a degree of ambiguity in respect of the correct contravention.

Furthermore, it has come to my attention that the enforcement of the bus gate by CCTV only commenced this year and the statutory guidance for local authorities outside London on civil enforcement of bus lane and moving traffic contraventions advises that a warning notice should be issued where a person contravenes the restriction for the first time. This was my first time and so only a warning notice should have been issued in accordance with the statutory guidance.

Will this be okay?