PCN Being in a Bus Lane, Do I have grounds for appeal? Options

[Bilpop]

Hi,

I received the attached PCN from Oxfordshire County Council.

I don't live in Oxford and I'm not familiar with the restrictions there. I came from Albion Pl on to Speedwell Str and I remember that I missed the left turn that my Sat Nav instructed me to take (I though it was further down the road). There was a bus in front of me and I entered Old Greyfriars St without noticing any restriction signs. I immediately though something was wrong, because suddenly there wasn't any other traffic except busses and remember checking my rearview mirror for any markings for a bus lane on the road that I thought I must have missed but didn't see any. I started looking for a suitable place to turn around nevertheless, but with buses all around me the visibility was poor and decided to drive to the first exit, which was Paradise St, where the image of my car was captured by Camera Operator OX382.

Looking at street view on Google maps, I can't see any warning signs for a bus lane (or gate) with instructions to drivers before Old Greyfriars St, nor any marking on the road. I do see diagram 619 that I have clearly missed because of the bus in front of me but I feel that without instructions where to turn, this is not adequate signage. Looking at Google maps again, I can see that the other end of the bus gate, from Castle Street, has clear markings on the road, in addition to diagram 619, that I believe are missing from the side where I entered the bus lane (I've attached images of both ends).

However, I don't know how old the images on Google maps are - maybe now there are warning signs and road markings in place that I have foolishly missed? I can't return to Oxford and check as I am too far away. Is there someone on this forum, who is familiar with this area? Also, even if there are still no warning signs before the bus lane, will that be a good enough reason for appeal, when diagram 619 is in place?

This post has been edited by Bilpop: Sun, 15 Dec 2019 - 08:00

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[PASTMYBEST]

post the rest of the PCN and a GSV also get and post the CCTV footage

[Bilpop]

Hi,

Here is the back of the PCN.

I have attached 2 Google Street View images in my previous post but here is a GSV link to where I entered the restricted zone: https://goo.gl/maps/iyZtcTGLviqE7vuo6. And this is a link to how the restricted zone looks if you enter it from the other end, showing adequate road markings: https://goo.gl/maps/JJm1TLBgx2933zUp8

I don't think that Oxfordshire County Council provide online video footage of traffic violations - the PCN doesn't mention that I can view any other evidence online and I couldn't find any links on the council's website either.

Thanks!

This post has been edited by Bilpop: Fri, 13 Dec 2019 - 20:35

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[cp8759]

The PCN is not compliant, The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 at 8(5)(n) require the PCN to state:

(n) that the recipient may, by notice in writing to the authority, request them—
(i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or
(ii) to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention.

If the PCN doesn't mention this at all, as is the case here, that opens an avenue of challenge. Are there any more pages to the PCN?

I don't see any basis to challenge the contravention.

[Bilpop]

Thanks.
The PCN was only one page. It may not have been compliant but I decided to pay the reduced rate of £30 if I have no basis to challenge the actual contravention - that is, if there are no requirements for road markings or signs warning the drivers there's a no through road ahead and instructing them where to turn. The signage still seems quite inadequate compared to the signage at the other end of the no-through road though...
Thanks anyway for taking the time to consider the case and for the advice.