So I applied for the CCTV footage for this on the 23rd February and hadn't received anything so sent off my appeal midnight on the 09 th March as I was getting worried but have logged on to see that the PCN has been cancelled since my appeal.
This was my appeal along with photographic evidence of inadequate signage that I went back to get.
Ground: The alleged contravention did not occur
I approached the location from Lodge Avenue and exited the roundabout toward Alfreds Way / A13 North Side Entry Slip.
From the Lodge Avenue approach there are no advance warning signs indicating that the exit leads directly into a bus lane restriction. Drivers approaching from Lodge Avenue therefore receive no clear advance notice of the restriction before reaching the roundabout and committing to the exit lane (Evidence 1A & 1B).
The only upright bus lane sign is positioned further along the road on the left-hand pavement and is not clearly visible to drivers exiting the roundabout from Lodge Avenue prior to committing to the nearside lane. The sign is oriented toward traffic travelling along Alfreds Way rather than toward vehicles emerging from the Lodge Avenue approach. As a result, motorists from this direction must commit to the exit before the restriction becomes clearly visible (Evidence 2 and Evidence 3).
Additionally, the first carriageway marking encountered after exiting the roundabout is the “BUS STOP” marking, while the “BUS LANE” marking only appears further along the carriageway. This means the restriction becomes clearly apparent only after a motorist has already entered the nearside lane (Evidence 2 and Evidence 4).
Furthermore, when exiting the roundabout from the Lodge Avenue approach, drivers must focus on the traffic signals, vehicles in adjacent lanes, and the safe negotiation of the roundabout exit. In these normal driving conditions the positioning of the existing bus lane sign does not provide clear advance notice of the restriction from this direction of travel. By the time the restriction becomes apparent, a driver has already committed to the nearside lane and cannot safely change lanes due to surrounding traffic and the road layout.
Historical Google Street View imagery also shows that an advance bus lane sign was previously installed prior to the bus stop and before the start of the bus lane. When I revisited the location this sign was no longer present. The removal of this advance warning sign further reduces the visibility of the restriction for motorists approaching from Lodge Avenue (Evidence 5).
Traffic restrictions must be indicated by signage that adequately conveys the restriction to road users before the point at which a driver must decide which lane to take. In this case drivers approaching from Lodge Avenue must commit to the nearside lane before the bus lane restriction becomes clearly visible. The signage therefore does not provide adequate notice of the restriction from this approach.
In light of the absence of advance warning signage from the Lodge Avenue approach, the positioning and orientation of the existing bus lane sign, and the sequence of carriageway markings encountered after exiting the roundabout, the restriction is not clearly conveyed to motorists approaching from that direction before the point at which they must commit to the nearside lane.
For these reasons I submit that the alleged contravention did not occur and I respectfully request that the Penalty Charge Notice be cancelled.
Should these representations not be accepted, I request that the council provide the full reasoning and evidence relied upon so the matter may be considered by the independent adjudicator at London Tribunals.
Evidence attached
1A & 1B – Lodge Avenue approach showing no advance bus lane signage
2 – Driver’s view after exiting the roundabout showing BUS STOP marking before BUS LANE marking
3 – Position and orientation of the bus lane sign relative to the Lodge Avenue approach
4 – CCTV still image showing BUS STOP marking before BUS LANE marking
5 – Historic Google Street View image showing advance bus lane sign previously present
Thanks for all your help!
