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FightBack Forums _ Completed Case Summaries _ Newham Bus Lane Barking Road

Posted by: muhammad Tue, 30 Jul 2019 - 23:33
Post #1504026

I appealed a bus lane PCN on the grounds that I was issued 2 tickets within 2 minutes on Barking Road E6. The end of one bus lane and the beginning of the new bus lane was about 20 metres.

I paid one of the PCNs as it was a genuine error (mistake for paying!)

The council rejected all appeals with generic responses. Nothing strange from Newham.

I went to the adjudicator. Was successful in my appeal. One of the grounds was that the end sign for the bus lane was missing.

However critically the adjudicator said that in his view bus lanes that are so close together and with the same restrictions, should be considered as one.

Thanks to everyone who helped. Can't find the original post but there were some helpful comments.

"The Council says that this PCN was issued for a contravention in a different bus lane in Barking Road.
The Council says that PCN PN 1937732A was issued for a bus lane between the sections of St Olaves Road and that Mr Uddin's car had passed an end of bus lane sign just ahead of St Olaves Road before entering the bus lane in respect of which the second PCN was issued.

The Council submits no evidence showing the signage for the end of bus lane restrictions ahead of St Olaves Road and no evidence showing where the one section of bus lane lies in relation to the other.

Mr Uddin has shown me footage on his phone of the bus lane. The post beyond St Olaves Road has no sign attached to it. There are then zig-zag markings either side of the lights before the bus lane starts again. Mr Uddin tells me that the controlled hours are the same in both stretches of bus lane.

In my judgement, the two stretches of bus lane, with the same restrictions, may properly be regarded as part of a single bus lane in Barking Road which is broken where the restrictions do not apply.

I am not satisfied from the evidence that the stretches of bus lane are effectively signed as different bus lanes. I find that two PCNs were effectively issued for the same contravention and the appeal is allowed for that reason.

Sean Stanton-Dunne
25th July 2019

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