Traffic Penalty Tribunal - Advice

[Responder.First]

So I have had a Bus Gate PCN rejected
!- Hear me out...

I knew of the bus gate (its near my home) I used it to get my disabled daughter to her first GCSE exam as the main road to her school was/is closed for gas main renewal from May to August, works that did not start on time and were deferred start as they where due in April.

The other route was gridlocked when I set out to take my daughter to school some only a short distance from my home but she is autistic and suffers from anxiety, she did/would not get in the car until 10 plus minutes to the exam due to having issues with stress etc of the day. I had 10 minutes to travel but due to all the roadworks I had to go on like 1 mile detour. I woke her at 6.30am to get ready but due to her issues she took till 8.50am to be ready/ get in the car. Due to stress I drove to the school road to find the roadworks that had started late with a closure had been deployed and we could not go that way.

So my only option was sit in traffic and be 10 minutes late, I choose to use the bus gate that runs parallel to my house road going through at 8.58am and getting her to school for just after 9.04am she was signed into exam. (I did not know at this time that was not the end of the world, when I did mine I was on time each day as there was no choice, school have since told me after I raised it that they can allow so much time around 1-hour start late)

I sent details of SEN Profile and all extra support she gets etc and all this info accepting that I knew the route was a bus gate.

I was shocked and insulted when I got a reply saying knowing my daughter suffers from all these issues I should have allowed more time for the journey! Also got pages explaining the route I should have taken which I found insulting and almost discriminatory in nature given I provided prove of her diagnoses and all the special provisions at school.

I feel the council have failed allowing school road to be closed incoming during the GSCE period and also not taken into consideration her conditions and that she is disable in some ways.

Any advice as they rejected my appeal and now I have to go to traffic penalty tribunal.

Edited by Responder.First on Tuesday 25th June 16:27

[randlemarcus]

If I was them, I would have rejected your appeal as well, given you KNEW it was a bus gate. If I was you, I might have covered my plates before doing it.

[Responder.First]

randlemarcus said:

If I was them, I would have rejected your appeal as well, given you KNEW it was a bus gate. If I was you, I might have covered my plates before doing it.

Point taken I am going to get something in future, however it was 8.58am her school is a road over I was concerned about getting there and didn't get out the car or stop we pulled into the traffic jam and I took the next roundabout off to the bus gate.

[2 sMoKiN bArReLs]

It's a toughie. But if it were me I'd pay the fine and be happy there was a way (albeit at a small cost) to beat the traffic.

I guess the precedent they could be setting by allowing yours could open the floodgates for all kind of excuses.

[EmailAddress]

Responder.First said:

So I have had a Bus Gate PCN rejected
!- Hear me out...

I knew of the bus gate (its near my home) I used it to get my disabled daughter to her first GCSE exam as the main road to her school was/is closed for gas main renewal from May to August, works that did not start on time and were deferred start as they where due in April.

The other route was gridlocked when I set out to take my daughter to school some only a short distance from my home but she is autistic and suffers from anxiety, she did/would not get in the car until 10 plus minutes to the exam due to having issues with stress etc of the day. I had 10 minutes to travel but due to all the roadworks I had to go on like 1 mile detour. I woke her at 6.30am to get ready but due to her issues she took till 8.50am to be ready/ get in the car. Due to stress I drove to the school road to find the roadworks that had started late with a closure had been deployed and we could not go that way.

So my only option was sit in traffic and be 10 minutes late, I choose to use the bus gate that runs parallel to my house road going through at 8.58am and getting her to school for just after 9.04am she was signed into exam. (I did not know at this time that was not the end of the world, when I did mine I was on time each day as there was no choice, school have since told me after I raised it that they can allow so much time around 1-hour start late)

I sent details of SEN Profile and all extra support she gets etc and all this info accepting that I knew the route was a bus gate.

I was shocked and insulted when I got a reply saying knowing my daughter suffers from all these issues I should have allowed more time for the journey! Also got pages explaining the route I should have taken which I found insulting and almost discriminatory in nature given I provided prove of her diagnoses and all the special provisions at school.

I feel the council have failed allowing school road to be closed incoming during the GSCE period and also not taken into consideration her conditions and that she is disable in some ways.

Any advice as they rejected my appeal and now I have to go to traffic penalty tribunal.

Edited by Responder.First on Tuesday 25th June 16:27

That's a tough break OP, I can see why you'd feel aggrieved.

Unfortunately, I think this one's on you though. As annoying as that will be. Perhaps a lesson for your daughter too. Suggest she pays the fine and walks for a while.

[Every day a journey]

Best bet would be to pay up then get your local councillor involved.

Do NOT go to your local paper.

[Scrump]

Agree with the previous posts. You chose to use the bus gate and should have reasonably expected to receive a fine for this.
Shame that they wouldn't let you off but on this occasion you will have to pay the price for beating the traffic. Don't get upset at the fine, be pleased you managed to get daughter to her exam on time.

[GeniusOfLove]

I have a child with autism and cerebral palsy and was very disappointed to find that speed limits, bus lanes, yellow boxes, and the rules about income tax all still apply to me no matter how much of an extra special snowflake I feel it makes me.

In other news: world does not revolve around you.

Edited by GeniusOfLove on Tuesday 25th June 16:56

[Responder.First]

GeniusOfLove said:

I have a child with autism and cerebral palsy and was very disappointed to find that speed limits, bus lanes, yellow boxes, and the rules about income tax all still apply to me no matter how much of an extra special snowflake I feel it makes me.

In other news: world does not revolve around you.

Edited by GeniusOfLove on Tuesday 25th June 16:56

When the main school road was closed during GCSEs I think allowing local residents to use a bus gate is not unreasonable as the alternative was a long detour in rush hour traffic.

When school road is open I have no issue and its once I have used the bus gate.

If they choose to close the main road to school during GCSE period was ill advised and not reasonable. This is the primary road to the school!!! This work should be carried out in school holidays. I did not make reference to any other rules not applying to me.

Edited by Responder.First on Tuesday 25th June 18:42

Edited by Responder.First on Tuesday 25th June 18:45

[Vasco]

Can't really understand all the hurt and upset.
You knew the rules but decided that they shouldn't apply to you.
I would have also turned you down.

[journeymanpro]

Responder.First said:

I did not make reference to any other rules not applying to me.

Did you break any others?

I’m not sure why you think you shouldn’t have to pay, you made a decision knowing the likely outcome.

[Puzzles]

Scrump said:

Agree with the previous posts. You chose to use the bus gate and should have reasonably expected to receive a fine for this.
Shame that they wouldn't let you off but on this occasion you will have to pay the price for beating the traffic. Don't get upset at the fine, be pleased you managed to get daughter to her exam on time.

That would be my take too. Annoying but bigger picture etc

[Riley Blue]

Now and again in life st happens. This is one of those times.

[2 sMoKiN bArReLs]

Riley Blue said:

Now and again in life st happens. This is one of those times.

But, it's not even that st is it really? Just a handful of tenners.

[Riley Blue]

2 sMoKiN bArReLs said:

Riley Blue said:

Now and again in life st happens. This is one of those times.

But, it's not even that st is it really? Just a handful of tenners.

True. I have an appeal for a parking PCN under consideration at the moment. It was my fault so if the appeal is granted I'll be gobsmacked but I'm expecting to hand over £25. Hey ho, that's life...

[Tommo87]

Honestly, I would typically have some sympathy if your situation was unavoidable.

But as others have already said, you knew in advance and failed to plan around that known closure.

I also strongly disagree with using a disablement as a primary argument when it was clearly a secondary consideration. You were late.

[Jordie Barretts sock]

GeniusOfLove said:

I have a child with autism and cerebral palsy and was very disappointed to find that speed limits, bus lanes, yellow boxes, and the rules about income tax all still apply to me no matter how much of an extra special snowflake I feel it makes me.

In other news: world does not revolve around you.

Edited by GeniusOfLove on Tuesday 25th June 16:56

OP, advice? Pay up and stop whining.

[Responder.First]

Tommo87 said:

Honestly, I would typically have some sympathy if your situation was unavoidable.

But as others have already said, you knew in advance and failed to plan around that known closure.

I also strongly disagree with using a disablement as a primary argument when it was clearly a secondary consideration. You were late.

No the closure had failed to go ahead, the week before so there was confusion when it was happening.

I allowed enough time it was my child who was not ready to get in the car until late.

The combination of roadworks allowed with no planning or thought to road space booking had caused massive jams and delays on the main route out of my development. Its the councils poor highways and planning of road space that is the real issue I had the same problem in the Easter break when 4 road works were allowed including a morning closure at 8am (according to the developer) that meant I couldn't get out of my road at 8am for around 30 mins. They allowed this to work on roads to be adopted but when they then pulled the second phase due to the fact staff could not get to county hall! I know this as I contacted the council who said yes we have staff who are struggling to get to work today.

The bus gate is about revenue but if I have know chance at tribunal I will pay.

[Cylon2007]

Jordie Barretts sock said:

GeniusOfLove said:

I have a child with autism and cerebral palsy and was very disappointed to find that speed limits, bus lanes, yellow boxes, and the rules about income tax all still apply to me no matter how much of an extra special snowflake I feel it makes me.

In other news: world does not revolve around you.

Edited by GeniusOfLove on Tuesday 25th June 16:56

OP, advice? Pay up and stop whining.

This is the correct answer to OPs question

[Responder.First]

Paid it at £35 thanks, I will speak to my local councilor