Thanks for your replies
@henryjago and
@Hippocrates.
I'm very grateful for this thread, as without it, I probably would have just paid up when I received the initial PCN, even though I had a strong feeling something must be off, as I'm generally really careful to avoid bus lanes. Suspiciously, the PCN only arrived on the final day to pay the discounted amount, and as I don't live in London I wasn't able to get to Camden to check the signage and road markings, but thanks to this thread I was able to submit a decent challenge.
As expected, the challenge was rejected. Interestingly, in the rejection letter, they state "the bus lane is clearly marked out on the road surface", and "The legend 'BUS LANE' is marked on the road". However, I have since been able to visit the location (and take photographs) and can confirm this is incorrect. The only road markings on this stretch of road are 'BUS STOP'.
I submitted my formal representation earlier (see below), borrowing heavily from your version (I hope you don't mind). Hopefully, they will reach the same conclusion as with your case and eventually cancel the fine - I'll update this thread when I hear back.
It's outrageous that TfL are targeting motorists in such underhanded ways, but wonderful that people like you are here to help us fight back, so huge thanks to you both once again!
I am writing to make formal representations against the Enforcement Notice issued in respect of the above Penalty Charge Notice. I dispute liability for the alleged contravention on the grounds that (1) the signage and road markings are inadequate and misleading, and (2) the enforcement documentation contains material procedural and legal errors rendering the PCN unenforceable.
1. Inadequate and misleading signage
The advance warning sign on Camden Road (before Lyme Street) is obscured by a Congestion Charge sign. Please see image 1. There should be adequate advance warning of the presence of a bus lane.
The bus lane then begins immediately after the yellow box junction at Camden Street, where the dotted white line of the bus lane meets the junction line, leaving no safe opportunity for drivers to adjust. Please see image 2.
Additionally, the lane arrow before the junction directs motorists to continue straight on, yet doing so immediately leads into the bus lane. Please see image 3. This is contradictory and misleading.
The carriageway also lacks “Bus Lane” markings found on other Camden bus lanes. Please see image 4. At no point does the bus lane have the words “Bus Lane” written on the tarmac from its commencement at Camden Street to the end.
Collectively, these factors fail to meet the requirements of The Traffic Signs Regulations and General Directions 2016 (TSRGD) and the Traffic Management Act 2004 for clear and lawful signage.
2. Procedural and legal errors
The notes on the Enforcement Notice incorrectly identify it as a “Penalty Charge Notice” (see Image 5). This misdescription is misleading and confusing, as the two documents serve distinct statutory purposes.
The Enforcement Notice refers to The Interpretation Act, which is irrelevant and confusing, since the legislation governing bus lane enforcement specifies actions from the date of the Notice, not from deemed service. This error could mislead recipients regarding timeframes and rights.
The statement: “Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation.” unlawfully fetters discretion. Section 4(3)(e) of the London Local Authorities Act 1996 (see
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted) states that the authority may serve an Enforcement Notice. By stating it will, the Council misrepresents its legal discretion.
The assertion: “It will not entitle you to the right of appeal.” is legally incorrect and contrary to natural justice. The following paragraph then suggests such correspondence will be considered, directly contradicting the previous statement and creating confusion.
The statement: “Failure to respond or contact us within 28 days... will result in the Enforcement Notice automatically being sent to you...” is inaccurate and fetters discretion. The legislation provides that the authority may serve an Enforcement Notice; it is not an automatic process.
Conclusion
The combination of inadequate and misleading signage and multiple procedural defects renders this PCN invalid and unenforceable. I therefore respectfully request that the Enforcement Notice be cancelled and no further enforcement action taken.
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