Free Traffic Legal Advice

My first time visiting Tunbridge Wells and first bus lane PCN. I did not see the signage for a bus only lane, nor the typical road markings I would expect to see. I was following my satnav to a parking destination that indicated needing to turn down the bus only lane.

Once I had entered the bus only route, I was unaware I was in a bus lane: the road is block paved and I had seen a 20mph road sign so assumed this was because I was entering the centre of town where there would be a lot of people crossing. I did not see any signs or road markings to indicate I was in a bus lane so carried on my merry way and parked in the nearby multistorey. Once I received my penalty notice I checked Google maps and there was in fact a 'no vehicles' sign as you pull onto 'Goods Station Road' from 'Meadow Road' (the direction I was coming from). It also appears again on 'Goods Station Road' at the entrance to 'Grosvenor Road' amongst 3 other signs.

As I was moving onto Goods Station Road I needed to get into the left lane and this is likely why I missed the 'no vehicles' sign as it there is not much time to see it coming from that direction (Meadow Road). Once I turned into Grosvenor Road, I only recall seeing the speed limit sign. The second no vehicle sign is obscured by the traffic light. The other signage (4 clustered together) I would have not had time to register all at once (the traffic was flowing, no lights to stop).

Any advice welcome for an appeal. I really don't think the signage is adequate (little time to register, obscured and overly crowded) coupled with the fact there is no road markings indicating a bus lane. This doesn't appear to be a bus lane, but rather a bus-only route. I don't know if that makes a difference but this case (quashed at tribunal) I believe reflects mine quite closely: .

All images here (notice, council's evidence and google maps images:
https://imgur.com/a/591uTDk

Google map links

Meadow Road turning onto Goods Station Road: Meadow Rd



Leading up to bus only road (on Goods Station Road):

At turning:

On bus only road:

Embedded:

I think I'd tend to agree with you on that point. The signs are wrong for it to be a bus lane.

Presumably TW council could change the contravention code ?

NO, if they've messed up the PCN, no second bite at the cherry.

@Anindividual123 The reason why the council cannot serve a further PCN is because the regulations only allow the council to serve a PCN, once they have used that power it is exhausted and there is no legal power to serve a further PCN. The only exception is where liability is transferred from one person to another (for instance if the registered keeper is a hire company, or the vehicle has been bought or sold around the date of the contravention) but then there is an explicit power in the regulations that allows the council to serve a further PCN on another person.

That being said, I'm afraid to say this case needs a rethink in light of the High Court judgment in Oxfordshire County Council, R (on the application of) v The Bus Lane Adjudicator [2010] EWHC 894 (Admin).

Let's go back to basics, why did you drive past the signs? Did you just miss them or did you not know what they mean?

Thank you, @cp8759.

I read the HC judgement. My laymen understanding from it is that as long as there is signage that clearly prohibits a section of road to be used by a vehicle, this can be used to enforce a bus lane/route penalty. Is that your understanding, also?

Let's go back to basics, why did you drive past the signs? Did you just miss them or did you not know what they mean?

Simply put, yes, I missed them. The circumstances were that I was only on the road with signage ('Goods Station Road') for a couple of seconds so I did not see the 'advance' notice/signage when making the turn onto the 'bus lane' road. I was following my satnav (being unfamiliar of the town) and only saw the speed limit sign ('20 Zone') and didn't have sufficient time or visibility of the other signage before I had begun turning into the 'bus lane' road.

I fear I may have jumped the gun. I have submitted my representation to say the contravention didn't occur, early this morning.

@Anindividual123 please show us what you sent.

In the meantime I have found:

1) The traffic order: https://store.traffweb.app/kent/documents/parkmap/sched/Tunbridge%20Wells%20Traffic%20Movements%20Consolidation%20Order%202020.pdf
2) The map tile: https://store.traffweb.app/kent/documents/parkmap/msched/FF37_rv1_3.pdf
3) Map legend: https://store.traffweb.app/kent/documents/parkmap/sched/Legend_20201102_3.pdf

The map tile and associated legend doesn't indicate a bus lane but a pedestrian zone / prohibited access.

I'm not sure that's right, it says "No Motor Vehicles Except Buses, Cycles and Taxis", and a bus lane is a lane for buses and other limited classes of vehicles. There are countless bus lanes and bus gates across the country that permit cycles and taxis, so this one would seem to meet the definition.

You never know if you're lucky they might mess up the rejection.