Council PCN driving in a bus lane Options

[segway111]

I recently went to Wimbledon and there's a bus lane just before you turn left into the road where the car park is. There were a few cars in the right lane and no buses coming so I turned slightly ahead of the end of the bus lane in order to turn left into the side road, and now the b***** have issued me with a £130 PCN for driving over a few feet at the end of the lane.



What's the best way to contest this? Just argue that I didn't drive in the bus lane, merely turned left at the end of it? Or can I contest it based on it not being issued for more than a few weeks after the fact?

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[stamfordman]

We need to see video and pics. See if they're on Merton's site.

[segway111]

@stamfordman i sent you the video via PM.

Based on my own research I sent this email to Merton last night.

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Dear Sir or Madam

I would like to contest this PCN as it's clear from the video that I only strayed into the bus lane at the very end (easily less than 10m from the end) in order to turn left.

It seems quite unfair to issue a PCN under these circumstances. There is very little space to move over at the end of that bus lane so in a situation where there are no buses and traffic queuing in the other lane it seems perfectly reasonable to move over less than 10m early in order to keep the traffic flowing. Common guidance is to allow a 20m grace length at the end of bus lanes and some kind of grace period seems particularly reasonable on this road given the very short space between the end of the bus lane and the traffic lights.

No bus was inconvenienced by this move and I gained no advantage over any other driver so I would politely request that this PCN be cancelled.

I also note that a very similar case on the same road was adjudicated by a Mr Kevin Moore in July 2013 and the appeal was upheld on the basis that the vehicle only moved into the bus lane for a very short distance before turning left.

Kind regards,
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[stamfordman]

OP's is first car.

It is a bit of undertaking but obviously only small and it's clear that the car on the right was not turning left. We've seen this location a few times for de minimis I think.



This post has been edited by stamfordman: Thu, 24 May 2018 - 14:25

[segway111]

I'm pretty sure this would fall in court so hopefully they'll fold now and save me the hassle of fighting it.

The case of Mr Kornbluth: https://www.driving.co.uk/news/putting-a-st...-lane-cash-cow/

suggests that the law is applied as a common sense approach and that this PCN clearly serves no useful purpose in this case.

Annoyingly it will probably cost me more in lost income to fight it than to just pay the discounted fine but I'll probably fight it anyway just on the principle.

[PASTMYBEST]

I tend to agree with you. It is not court but an adjudication but although the encroachment was minimal it was at a fair speed, and deliberate so i cannot see de minimis as a good bet

[segway111]

What do you mean by "de minimis"?

[John U.K.]

de minimis non curat lex

The law does not concern itself with trifles.

e.g. a wheel encroaching into a 'bus lane; entering a 'bus lane a few feet before its end.

[segway111]

Well I guess I'll see what they say about my email soon..