Free Traffic Legal Advice

Received a PCN from TfL for being in a bus lane on 25th Jan.


TfL's images available online are here and I have requested the video.





I did not realise there was a bus lane at all until I crossed the junction with Camden Street.

I submitted a representation yesterday morning before I found this site - my wording was as follows

I am writing to challenge PCN GX2209961A. I wish to contest it for the following reasons:

1) Advance warning of the bus lane – a blue sign in Camden Road just before Lyme Street is obscured by a Congestion Charge sign. Please see Image 1. I stood in the inside lane of the road to take this photo. I believe there should be adequate advance warning of the presence of a bus lane.

2) The inside lane becomes the bus lane immediately after the yellow box junction with traffic lights at Camden Street. The bus lane is so close to the exit of the junction that the dotted white line of the bus lane meets the yellow line of the box junction – please see Image 2. Therefore, motorists driving straight on at the junction are not permitted to exit the junction in the inside lane. However the arrow marker on the tarmac at the stop line at the junction indicates motorists may continue straight on – see Image 3 taken from Google Street. This is extremely confusing for motorists. The arrow indicates continuing straight on in the inside lane is permissible, but doing so results in a fine. I expect this catches out many motorists. I think it is reasonable to expect authorities to ensure signs and road markings are clear, unambiguous and not misleading.

3) At no point does the bus lane have the words “Bus Lane” written on the tarmac. Other bus lanes in the Camden area do.

I would therefore request the PCN be cancelled thereby avoiding further time and effort for both parties. If you do not cancel it, please send me a form so that I may refer the matter to London Tribunals.
Thank you.

The three images I refer to are:

Image 1 - I took this one
Image 2 https://maps.app.goo.gl/SQW4aN6A3JcsdHCx7 from Google street, although I took a similar photo. The lines are still the same
Image 3 https://maps.app.goo.gl/DPf1zY8sKxUfWfRW6 - Google Street in Oct 2024 - the arrow I refer to is obscured by a vehicle in the latest Google map. The arrow is still there now

Other points I intend to raise at the formal rep/Tribunal stage when TfL knock the informal challenge back are:

1) The van in the images TfL made it hard to move out of the bus lane once I realised I'd entered it.

2) I had an operation on the 30th Jan - the day the notice was served (I have the admission/discharge letter). I did not go through my mail until last week. This left a very short period to put the informal representation together. 

Thoughts/insights very welcome - wish I'd found the forum before I sent in my informal challenge.

Thanks to all.

I will indeed @Hippocrates, thanks very much. I am working on the basis they reject pretty much every initial representation. 

Hello @Hippocrates. Coming back to you on this as requested. I heard back from TfL this morning, the response came by post. As expected, my informal rep has been rejected out of hand. They have ignored two of my grounds and made an error about the third - they state that the legend BUS LANE is marked on the road when it isn't.

Letter is here:

https://imgur.com/a/q7kzVtH

I also received the video on CD separately:

The letter suggests the next step is to wait for the Enforcement Notice, then make a formal representation within 28 days from the date on which it is served?

Many thanks.

Thanks @Hippocrates. Coming back to you as requested! I received the Enforcement Notice yesterday.



My plans were to repeat the points I used in the prelim informal rep (wording above) given TfL's response did not address two of the three points I made, and included a factual inaccuracy regarding the last. You suggested there were some anomalies with the PCN - should I refer to them at this stage too? I am assuming regardless of what I include, the likelihood is that TfL will reject out of hand regardless?

Very many thanks for your support!

Many thanks @Hippocrates. Does this look okay? I've not included the images I refer to as they are posted earlier in the thread.


Formal Representation against Enforcement Notice, Penalty Charge Notice

I am writing to challenge the above PCN regarding an alleged bus lane contravention.

1.  Inadequate advance warning of the bus lane. A blue sign in Camden Road just before Lyme Street is obscured by a Congestion Charge sign. Please see Image 1. I stood in the inside lane of the road to take this photo. There should be adequate advance warning of the presence of a bus lane.

2. Confusing road markings at the junction with traffic lights at Camden Street. The inside lane becomes the bus lane immediately after the yellow box junction with traffic lights at Camden Street. The bus lane commences so close to the exit of the junction that the dotted white line of the bus lane meets the yellow line of the box junction – see Image 2. Therefore, motorists in the inside lane driving straight on at the junction are not permitted to exit the junction in the same lane. However, the arrow marker on the tarmac at the stop line indicates motorists may continue straight on – see Image 3 taken from Google Street.  The arrow indicates continuing straight on in the inside lane is permissible, but doing so results in a fine. I believe there is a duty on TfL to ensure signs and road markings are clear and not misleading.

3. No BUS LANE legend. At no point does the bus lane have the words “Bus Lane” written on the tarmac from its commencement at Camden Street to its end. Other bus lanes in the Camden area do.

The PCN itself its unenforceable because:

4. The reference to The Interpretation Act is both irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the notice.

5. The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)

https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

6. The statement: "It will not entitle you to the right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement about consideration seems to contradict what has been previously stated.

7. The statement: "Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period." similarly fetters discretion and also misstates the time period.

I therefore request the PCN be cancelled thereby avoiding further time and effort for both parties.

Thanks, I will send tomorrow. Shall I come back to you when they reject? Presumably I will need to kick-off the tribunal process. Would you or someone else represent me? It seems you represent loads of people on here, so I have no desire to take anything for granted.   

Thanks, I will send tomorrow. Shall I come back to you when they reject? Presumably I will need to kick-off the tribunal process. Would you or someone else represent me? It seems you represent loads of people on here, so I have no desire to take anything for granted. 

I will do so if you agree.

Hi @cp8759. Just seen you post below. I am at formal rep stage following the receipt of an Enforcement Notice from TfL for being in a Bus Lane- @Hippocrates has been assisting. Reaching out to you as requested. Do I need to do/change anything in the light of your post before I fire off the representation?

No, an additional angle could have been used at the orignal PCN stage but for a bus lane case, it hardly matters.