Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jazabelle on December 19, 2025, 05:06:06 pm
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Thanks for your help. I have paid it now as I didn't want to risk it.
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Yeah, thank you. It's not in London. I will likely pay it - but someone had suggested posting all the paperwork in case of errors first. Was just being hopeful!
Sorry, yes, it would be the Traffic Penalty Tribunal, which is a bit of a mystery, because their Statutory Register is not searchable on-line like the one at London Tribunals. I have been alarmed at some of the adjudications we have had reported to us.
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Yeah, thank you. It's not in London. I will likely pay it - but someone had suggested posting all the paperwork in case of errors first. Was just being hopeful!
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They have re-offered the discount, so if you take them to London Tribunals it would be for the full PCN penalty, basically another 35 quid. It would all depend on whether the adjudicator accepts the argument that with a road closure and no buses operating along the street, whether the bus lane still applied. I'd like to find out for this forum but it's your money, not mine.
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Just bumping this in the hope someone would mind checking the PCN/rejection for any issues please.
I would be most grateful.
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https://www.filemail.com/d/zmyurgkobbhjdos
Here is a link to both the full rejection and original PCN.
Thanks so much.
Date of rejection is 22nd Dec. I submitted the appeal the 21st.
My appeal was that the road was closed, which they ignored entirely.
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Date of NoR?
Please post all sides of the PCN and all sides of the NoR, so that the 'small print' can be checked for any possible fatal errors.
@Incandescent Traffic Penalty Tribunal rather than London Tribunals.
Yes, of course it is. I see so many London PCNs, the councils and TfL must be making millions. Essex runs into London so a bit of confusion there, sorry !
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Date of NoR?
Please post all sides of the PCN and all sides of the NoR, so that the 'small print' can be checked for any possible fatal errors.
@Incandescent Traffic Penalty Tribunal rather than London Tribunals.
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If you are the owner of the car, the responsibility for paying or appealing the PCN is yours not the driver.
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As I explained in my first post, I wasn’t driving. I’m disabled and have a paid helper. He moved the car and they said he didn’t know you couldn’t get into Queen Street that way. As he was helping me, I feel bad making him pay even though it was his error.
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It's the usual Fob-Off letter that totally ignores the circumstances of the road closure. All London councils send these out because they know most people (>95%) then cough-up the money to get the discount. It's your money so if you want to just pay now we all understand.
What puzzles me is why you drove in the bus lane when there was another traffic lane. I'm guesing you wanted to go down Queen Street and the bus lane gives the only easy way to get there. HOwever, I'd still be tempted to take them to London Tribunals, but it's your decision for risking the extra £35.
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Yes, it says I have 28 days to pay £35.
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Have they re-offered the discount?
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They have already replied which seems incredibly quick! They haven't even mentioned the road closure part of it, and focused on the unloading.
Here is the text to save reading the image:
1. Our reasons for rejecting your representations:
The contravention was noted by the camera operator who was observing real-time images relayed from a fixed CCTV camera. Video footage was recorded of the contravention taking place. Should you wish to view this footage, please go to the following website https://buslanepayments.essex.gov.uk and follow links to pay/appeal your PCN. When prompted, enter your PCN number and vehicle registration details. The available evidence can then be accessed using the 'View Evidence' button towards the bottom of the screen.
Only designated vehicles are permitted to drive in bus lanes. By driving in a bus lane you are obstructing the road for these vehicles and causing delays for public transport users. Enforcement of traffic regulations is vital to keep traffic moving across the city.
The Penalty Charge Notice (PCN) was issued to you because your vehicle was seen in a bus lane when it was not permitted to be there.
I have investigated the circumstances raised in your correspondence and have made the decision not to cancel your notice. The reasons for my decision are set out below, along with the options available to you at this stage.
You have stated in your correspondence that you were unloading goods and needed to move your vehicle to a parking area.
It was not necessary to use the bus lane to move to a parking area. Buses, motorcycles, emergency service vehicles, and licensed taxis/private hire vehicles are the only vehicles permitted to use the bus lane. Regardless of why drivers are travelling along that route, any other vehicles are not permitted to use the bus lane.
https://imgpile.com/p/T1axIZc#gallery
So now it's whether I take the risk to appeal or not.
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GGood luck with that. Remember, less is more in a lot of these cases, keep to the bare essential.
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Great, thanks.
Interestingly when you go to appeal a Road Traffic Order is on their tick box list and when you click it on it says they will consider it.
Anyway, thank you so much for your help.
Appeal all submitted. Will update when I hear back.
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The point about the bus lane is still valid, because the TRO banned all traffic, so buses were diverted. If it were me, I'd carry on all the way to adjudication, but I realise it's your money, not mine. Essentially, you'd have to pay an additional £35 if you go to adjudication because the full PCN penalty would be in play, there are no additional costs at all.
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Thanks, I will remove all that.
But I just want to be very clear that section of the road wasn't closed. 85% of the road was closed, but the road traffic order stopped just before the bus lane for some reason. However there is no other way of reaching that part of the road any other way that was open, so no buses etc or other traffic could get down there - just stallholders.
But I just think they will come back and say the road traffic order wasn't on that part of the road so tough. I guess that's why I added the other parts.
If you still think I have a case despite this, then that would be helpful.
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You're putting in too much. The main point is that to close a road a Temporary Traffic Regulation Order must be established. This overrides the existing restriction, so the bus lane was not in operation. So remove the clause below and then substitute the next clause with a request for cancellation. Mitigation and poportionality doesn't come into it; either the road was closed or it wasn't.
Additionally, time was very limited during set-up, as stallholders needed to return quickly to prepare their stalls. Using the bus lane provided the quickest and most direct route to relocate the vehicl and the use of the lane caused no obstruction or impact on public transport.
I therefore request that the Penalty Charge Notice be cancelled on the grounds of the offence did not occur as th closure of the road to traffic meant that the bus lane was not in operation
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How is this for the appeal?
I am writing to make formal representations against the above Penalty Charge Notice issued for an alleged contravention of being in a bus lane (code 34) on Colchester High Street.
The alleged contravention occurred during the set-up period for the Colchester Christmas Market, organised by Colchester City Council, before the market officially opened to the public. At this time, the High Street was closed to general traffic, with buses diverted and no bus services were operating through the area.
I was a registered stallholder at the market. After unloading my goods, I needed to move my vehicle to a parking area promptly.
While the contravention took place in the part of the High Street that remained nominally open, there was no alternative way of accessing the High Street, so no general traffic or buses could access or use this open section either. This meant access was limited to market stallholders for unloading only.
In these circumstances, my understanding was that the bus lane restrictions were not in effect, as:
• The road closure and bus diversions meant no buses were using or could use the High Street or bus lane.
• The purpose of the bus lane, to prioritise bus movements, was entirely negated by the council-organised event.
• Enforcing the restriction served no practical traffic management benefit.
Additionally, time was very limited during set-up, as stallholders needed to return quickly to prepare their stalls. Using the bus lane provided the quickest and most direct route to relocate the vehicl and the use of the lane caused no obstruction or impact on public transport.
I therefore request that the Penalty Charge Notice be cancelled on the grounds of compelling mitigation and proportionality. This was a minor and reasonable action in exceptional circumstances created by the event itself.
Should you require evidence, I can provide proof of my registration as a stallholder for the Colchester Christmas Market.
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It's true buses couldn't get down there at all that day with the road closure.
So that is your appeal argument. The street was closed to all motor traffic on the day and only vendor vehicles were allowed access. A bus lane in a closed street is a legal nonsense.
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It's true buses couldn't get down there at all that day with the road closure.
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If the High Street was closed to all traffic incl. buses, I suggest you submit reps on the basis that as the street was closed to all traffic the bus lane was not in effect. How can it be if the street is closed ?
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Got a code 34J for driving in a bus lane in High Street, Colchester.
I wasn't actually driving. On this day the High Street was closed for a Christmas Market. I was a stallholder, so we unloaded onto the spot, then was asked to move the car. My carer drove it for me. I don't think if he was thinking as the road was closed, the bus lane wouldn't be in effect, but he drove from the High Street into Queen Street.
The ironic thing is was a council Christmas Market, but the city council, not the county council.
I assume there is nothing that can be done as he did drive in the bus line, but just wanted to be sure. One of the photos on the penalty charge is black - not sure if that's normal.
Here's the google map link (https://www.google.com/maps/@51.8897253,0.9034411,132m/data=!3m1!1e3?entry=ttu&g_ep=EgoyMDI1MTIwOS4wIKXMDSoASAFQAw%3D%3D).
Here's the PCN (https://imgpile.com/p/aF0xklu).
(https://imgpile.com/p/aF0xklu)
Here is the road closure notice (https://cbccrmdata.blob.core.windows.net/noteattachment/CBC-null-The-InColchester-Festive-Market-2025-Colchester%20Festive%20Market%202025%20Sealed%20Order.pdf) although the map on it is awful. The closure stopped just short of the turn in into Queen Street anyway which is what I assume they will say.