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Fined for being in a bus lane but not all the signage is visible
westylad071
post Mon, 6 Aug 2018 - 16:06
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Hello,

I got this PCN recently:



I made the mistake because the bus lane sign is turned halfway around and anyway hidden behind some flowers so I thought that the bus lanes had ended. As I drive with a dashcam I can share stills:





As you can see, the sign is pretty much impossible to see and while it can be picked out on the video, realistically there is very little chance of seeing it while actually in motion. Of course, I should've looked at the "BUS LANE" text written on the road but I didn't. If the footage helps at all I've put it on youtube.

Is there any way to challenge this? I really appreciate any help you can give me. This PCN in in addition to another one I got recently and the fines are really starting to mount.

This post has been edited by westylad071: Mon, 6 Aug 2018 - 16:08
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post Mon, 6 Aug 2018 - 16:06
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Mad Mick V
post Mon, 6 Aug 2018 - 16:34
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OP---post up the video please. The photo on the PCN proves nothing because zig zags are not part of the bus lane.

Mick
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PASTMYBEST
post Mon, 6 Aug 2018 - 16:36
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well worth a challenge on the signage being inadequate. This can by re enforced by a case where the adjudicator found that a bus lane cannot continue through zig zags
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cp8759
post Mon, 6 Aug 2018 - 17:30
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QUOTE (PASTMYBEST @ Mon, 6 Aug 2018 - 17:36) *
well worth a challenge on the signage being inadequate. This can by re enforced by a case where the adjudicator found that a bus lane cannot continue through zig zags

+1


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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westylad071
post Mon, 6 Aug 2018 - 18:05
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QUOTE (Mad Mick V @ Mon, 6 Aug 2018 - 17:34) *
OP---post up the video please. The photo on the PCN proves nothing because zig zags are not part of the bus lane.

Mick


I did originally but it might not have been clear enough: https://www.youtube.com/watch?v=vUZuEGhPt_4&t=44s
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PASTMYBEST
post Mon, 6 Aug 2018 - 18:16
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its not your job to aid the councils case get and post their video
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westylad071
post Mon, 6 Aug 2018 - 19:03
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QUOTE (PASTMYBEST @ Mon, 6 Aug 2018 - 19:16) *
its not your job to aid the councils case get and post their video


As a matter of fact I can't get into their website. The codes they've given me don't seem to work. I suppose I'll need to ring them about that tomorrow.
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westylad071
post Tue, 7 Aug 2018 - 11:31
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QUOTE (PASTMYBEST @ Mon, 6 Aug 2018 - 19:16) *
its not your job to aid the councils case get and post their video


I've found it, the link they put in the letter is the wrong one. View it here:

https://www.youtube.com/watch?v=rx4oG_Ob1-8

It's interesting. They only have evidence of a short part of the bus lane driving that I did. Don't know if that matters.
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PASTMYBEST
post Tue, 7 Aug 2018 - 11:41
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They may only serve a PCN on the basis of what is captured by CCTV


4(1) Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.



Have they got enough? IMO probably, so it depends on your attitude to risk
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westylad071
post Tue, 7 Aug 2018 - 11:51
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QUOTE (PASTMYBEST @ Tue, 7 Aug 2018 - 12:41) *
They may only serve a PCN on the basis of what is captured by CCTV


4(1) Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.



Have they got enough? IMO probably, so it depends on your attitude to risk


I think they probably have got enough.

What about challenging it as the sign on the way in was unreadable from the road (hidden behind flowers and turned around)? That is the actual reason I made the mistake
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PASTMYBEST
post Tue, 7 Aug 2018 - 12:06
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QUOTE (westylad071 @ Tue, 7 Aug 2018 - 12:51) *
QUOTE (PASTMYBEST @ Tue, 7 Aug 2018 - 12:41) *
They may only serve a PCN on the basis of what is captured by CCTV


4(1) Where a council, on the basis of information provided by the use of a prescribed device, has reason to believe that a penalty charge is payable under this Part of this Act with respect to a vehicle, they may serve a penalty charge notice on the person appearing to them to be the owner of the vehicle.



Have they got enough? IMO probably, so it depends on your attitude to risk


I think they probably have got enough.

What about challenging it as the sign on the way in was unreadable from the road (hidden behind flowers and turned around)? That is the actual reason I made the mistake


made me look again, I was mixing up my crossings. Yes I most certainly would. But add a narrative along with your video explaining how you obeyed all the signs and it was only after the zig zags when there was no sign that you moved left. Never say entered the bus lane, always you moved to the left or right lane
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