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Lambeth Bus Lane PCN Motocycle
Motorist2018
post Mon, 17 Dec 2018 - 09:19
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Hi all, I have received a total of 6 tickets for driving my motorcycle on a bus lane on Lambeth Road. The first ticket was issued on 08/11/18 with the offense occurring 10/10/18, by then I had driven on the bus lane another 5 times subsequently receiving the tickets in between those dates.

I have tried to challenge each of the tickets on the bases that I did n't travel 20 meters on the bus lane, unfortunately all have been refused. Is there a way I can accept the first ticket and not pay the others? on the grounds that I didn't know I was offending until the ticket arrived and hence stopped using the bus lane after that.

Thanks,
Attached File(s)
Attached File  2018_1010_PCN_Lambeth_LJ10312888_ID_BLANKED.pdf ( 107.55K ) Number of downloads: 19
Attached File  2018_1130__Response_LJ10312888_ID_BLANKED.pdf ( 99.82K ) Number of downloads: 20
 
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post Mon, 17 Dec 2018 - 09:19
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Earl Purple
post Mon, 17 Dec 2018 - 10:01
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For a start you may request that Lambeth consider the 6 as one "offence" and therefore cancel all but one of them.

You can then choose to take that one to appeal but lose the discount or pay the discount on it.

If the section where you were was marked clearly as a bus lane then you are in contravention, but there have been issues around a section that is not marked as a bus lane but has zig-zags and then returns to its normal appearance of a bus lane, and if that is where you were at the time you may be able to appeal on those grounds.
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PASTMYBEST
post Mon, 17 Dec 2018 - 11:58
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there is the principle of continuing contravention what are the dates of contravention and of the PCN's for the others. And are they all at the same location


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stamfordman
post Mon, 17 Dec 2018 - 13:11
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We've seen a number of PCNs in this stretch and indeed some success in appealing about the zig-zags, i think.
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Motorist2018
post Mon, 17 Dec 2018 - 14:02
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All the contravention are all at the same place i.e. Lambeth Road Bus lane, the on the following dates:
10/10/2018
15/10/2018
16/10/2018
19/10/2018
23/10/2018
07/11/2018
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cp8759
post Mon, 17 Dec 2018 - 15:41
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See the advice in post 2 above.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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PASTMYBEST
post Mon, 17 Dec 2018 - 16:55
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Case Details
Case reference
2160273606
Appellant
James Harris
Authority
London Borough of Haringey
VRM
LB10DWU

PCN Details
PCN
HY99609419
Contravention date
26 Mar 2016
Contravention time
16:33:00
Contravention location
Highgate High Street : Junction with South Grove N6
Penalty amount
GBP 130.00
Contravention
Failing to comply with prohibited turn sign

Referral date


Decision Date
26 Jul 2016
Adjudicator
Mamta Parekh
Appeal decision
Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
The appellant does not deny the contravention but states that he was travelling to Highgate hospital and was a stranger to the area and made the same mistake twice in one day as a consequence of which he received two PCN's
I am satisfied form the evidence that the contravention did occur. However I also find that as the there is a time lag in issuing a PCN by post, a motorist can unwittingly continue to make the same mistake until they receive notification of the PCN and in these circumstances I find the second PCN issued to be a continuing contravention and allow the appeal in relation to the second PCN under case number 2160273606 but refuse the first PCN issued under case number 2160273661



and

Case Details
Case reference
2170474513
Appellant
Neville Stanley
Authority
London Borough of Lambeth
VRM
OU03HLA

PCN Details
PCN
LJ07415248
Contravention date
01 Jun 2017
Contravention time
09:00:00
Contravention location
Lambeth Road (W)
Penalty amount
GBP 130.00
Contravention
Being in a bus lane

Referral date


Decision Date
11 Nov 2017
Adjudicator
Jack Walsh
Appeal decision
Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Mr. Stanley appeals against a penalty charge notice issued in respect of an allegation of a contravention of the prohibition on being in a bus lane.
There is no dispute about the evidence. On Lambeth Road, south-west bound there is a sign properly indicating the entrance to the bus lane just after the junction with Pratt Walk and, thereafter, the bus lane is properly demarcated with a solid white line in accordance with item 1049A, which is item 11 in Part 6 of Schedule 9 to the Traffic Signs Regulations and General Directions 2016 (“the 2016 Regulations”). The solid line then stops and is replaced, on each side of the south-west bound carriageway at a point before the junction with Lambeth High Street, with the zig-zag road markings that are required to demarcate the limits of a zebra crossing. The solid white line then appears to resume at a point after that junction where there is a further ‘bus lane’ sign. The CCTV footage shows Mr. Stanley’s motorbike remaining on the correct, off-side of the solid white line. As soon as that line stops, he steered his motorbike over the zig-zag lines into the nearside line that, on the EA’s case, is the bus lane. He did not cross over the solid white line.
Mr. Stanley’s argument is to the effect that the effect of the zig-zag lines indicating the entry into a zebra crossing bring the effect of the bus lane to an end. In the alternative, he submits that those zig zag lines give the appearance to the motorist that the bus lane has come to an end and that it is no longer enforceable, because the requisite signage is no longer compliant and adequate. He points to the resumed thick white line and bus lane sign as an indication of the resumption of the bus lane after the junction with Lambeth High Street. That, he says, is inconsistent with the bus lane having remained constant throughout.
I would have been assisted by more detailed submissions from the EA on the effect of the zig-zag lines and the limits of the zebra crossing. Indeed, I was not even provided with the TMO, merely with the temporary TMO that changes the times of it. However, given I am familiar with this TMO I am aware of its terms. In particular, the bus lane extends, according to the original TMO, on Lambeth Road between the two junctions referred to above. If the EA is correct that the bus lane is effective and enforceable throughout that length, then at the point at which Mr. Stanley crossed into it he was in the bus lane in contravention of the TMO.
Part 5 of Schedule 9 to the 2016 Regulations states that:
The information, requirement, restriction or prohibition of a description in column 2 of an item in the sign table in Part 6 must be conveyed by a road marking that is of the size, colour and type shown in the diagram in column 3.
A bus lane is a description in column 2 and the solid white line is in column 3 of Part 6. There are certain exceptions to the requirement for the solid white line, but none apply here. Accordingly, once the solid white line stops, the road marking is no longer compliant with the 2016 Regulations. A motorist would be entitled to think that the bus lane had come to an end. For the reasons I give below, the bus lane has, for the purposes of the zebra crossing, come to an end but, in any event, the mandatory road marking is not present, so the signage is, I find, not compliant with the 2016 Regulations, or adequate to convey adequate information about the prohibition to the motorist, in accordance with Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. I allow the appeal on this basis because the contravention did not occur.
Moreover, I further find that the signage correctly represents the position that, whatever the TMO states, the effect of the zebra crossing is to create a separate traffic regulatory regime within its limits which ousts the effect of the bus lane. The zig-zag markings indicate a zebra crossing subject to regulations made under s.25 of the Road Traffic Regulation Act 1984. Those regulations include Part 5 of Schedule 14 to the 2016 Regulations. This part contains requirements and prohibitions applicable to zebra crossings, the limits of which are demarcated by the zig-zag lines. One of these requirements is that a driver of a vehicle must not cause it to overtake a vehicle that is stopped or proceeding more slowly in the same direction. That, for example, is inconsistent with the very purpose of a bus lane in which buses have a free-standing lane in which they can pass vehicles in the other lanes, including by undertaking them. That illustrates that the two regimes are not compatible. The effect of the zebra crossing, which concerns public safety, takes precedence over the effect of the TMO. Accordingly, I find that the bus lane ceases to have effect within the limits of a zebra crossing. I would therefore have allowed the appeal on this basis also.


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stamfordman
post Mon, 17 Dec 2018 - 19:28
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may be something here

http://forums.pepipoo.com/index.php?showtopic=122235
http://forums.pepipoo.com/index.php?showtopic=117687

This post has been edited by stamfordman: Mon, 17 Dec 2018 - 19:28
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