Free Traffic Legal Advice

Would this appeal to the adjudicator be appropriate and to the point?

The PCN alleges “using a route restricted to certain vehicles (local buses)”. However, the video evidence shows that:

I was travelling in the opposite direction to the bus lane in question, which operates as a contraflow lane.

I did not enter or use that lane as a through-route. At most, my wheels briefly crossed the line by no more than a foot, and for less than a second, solely to pass a stationary vehicle .

Any restriction signage applies to traffic entering the bus lane in the permitted direction. From my direction of travel, the signs were not visible or applicable. It is therefore not possible to contravene signage that is facing the other way.

On this basis, I submit that the contravention “using a route restricted to certain vehicles” is incorrectly applied to this situation and did not occur.

Hi all,
So my appeal was rejected..based on my reasoning doesn't provide an exemption or sufficient mitigation to cancel the PCN.

Below is the appeal i sent..could anyone offer any guidance if i have a case to appeal their decision to The Environment and Traffic Adjudicators, and if so which angle i should pursue? Thank you!

Dear Sir/Madam,

I am writing to formally challenge the issuance of Penalty Charge Notice [XX], issued for the alleged contravention of “using a route restricted to certain vehicles only (local buses)” at [XX].

Having reviewed the video evidence, I would like to clarify the circumstances and respectfully request the cancellation of this PCN for the following reasons:

I was riding a motorbike, and at no point did I enter or use a bus-only route in any deliberate or sustained way.

The bus lane in question was a contraflow lane — running in the opposite direction to my travel — which I briefly crossed into by no more than a foot and for less than a second to pass a stationary vehicle blocking my path at a set of traffic lights.

Crucially, the area I momentarily entered is not part of a continuous bus-only lane, but a clearly marked bus stop bay — with no signage indicating a restriction applying to the direction of travel I was using.

The restriction signage was not visible or applicable from my position, given the lane’s contraflow nature and the fact that I never continued riding in that lane or made use of it in any meaningful sense.

This was a brief and necessary movement carried out safely and in good faith. I did not obstruct any buses or other traffic, nor did I misuse a restricted route. It is my understanding that the "using a route restricted to certain vehicles" contravention refers to the deliberate and improper use of a route designated solely for those vehicles — which clearly does not apply in this case.

I therefore request that you cancel this PCN based on the points outlined above, and on the grounds that the alleged contravention did not occur as described.

Apologies, please note numbers below

PCN: CU71386271
VRN: AF22 YDX

Hi all

Just wanted to update you. I've not had any response from the council on my appeals or notice of cancellation (after they failed to respond by 56 days). Its been 4/5 months now so assume all clear now 

Thanks for all your help. HNY!

Looks like your reps have not been recorded on their system, if the last record is for them sending an NtO. so it looks like you have won. So rattle the bars of their cage again, pointing out it is <nn> days since you submitted reps and received an acknowledgment of those reps. Tell them that in accordance with the law, they must respond within 56 days, but it is now <nn> days since reps submitted.

OP, IMO we're beyond a reply now assuming that the reps were correctly formatted, made by the keeper or authorised person on their behalf and in time.


(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—

(a)it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and

(b)it must—

(i)cancel the relevant enforcement notice,

(ii)refund any sum paid in relation to it, and

(iii)serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).

Simply write, state that you are waiting for the authority to comply with regulation 6(7) of the Appeals Regs. confirming that the NTO has been cancelled by virtue of the authority having failed to respond to representations made on ***, copy enclosed.

Hi - Could you please review if this is okay and if so, should it be posted or sent via email to the same appeals email address? Thanks!


Dear Sir/Madam,

Subject: Confirmation of Cancellation of NTO for PCN AO00675318

I am writing to confirm that the Notice to Owner (NTO) for PCN AO00675318 has been cancelled by virtue of the enforcement authority's failure to respond to the representations I made on 29/04/24, a copy of which is enclosed along with the acknowledgement.

In accordance with regulation 6(7) of the Appeals Regulations, the authority is required to comply as follows:

(7) If the enforcement authority fails to comply with the requirements specified in paragraph (4) within the 56-day period—
(a) it is deemed for the purposes of these Regulations to have accepted the representations made by the recipient, and
(b) it must—
(i) cancel the relevant enforcement notice,
(ii) refund any sum paid in relation to it, and
(iii) serve a notice on the recipient informing the recipient that the enforcement notice has been cancelled because the enforcement authority failed to serve a decision notice in accordance with paragraph (4)(b).

As the enforcement authority has not responded within the specified 56-day period, the NTO is deemed cancelled, and I request written confirmation of this cancellation.

Thank you for your attention to this matter.

Yours faithfully,

Thank you for all your feed back. I will draft up a response this weekend and post here for review if that's ok.

Hi all

Just giving this a bump.. would appreciate any advice on next steps..

Many thanks

Hi all ,

Still no word from Ealing Council, follow up was sent on 17th June and initial appeal sent 29th April. This is odd no?

I also appealed a second PCN which they haven't responded to yet either, but still have a week left on that for a response within 30 days but looks unlikely.. have they closed down or something?!!