Bus lane PCN - broken white line markings next to solid?
Discussion
So, I’ve goofed up and drove into a bus lane, got a PCN. I knew this was a bus lane with 24h operation, and generally should’ve known better, but for some reason thought the markings allowed entry - this was within probably 10m of the area where the lane ends to aid traffic turning left at a junction.
The lane itself had a thick white solid line, however it also had a broken white line similar to the centreline, which I took to mean entry allowed.
Any chance I can challenge the PCN on those grounds?
The lane itself had a thick white solid line, however it also had a broken white line similar to the centreline, which I took to mean entry allowed.
Any chance I can challenge the PCN on those grounds?
Yellow Lizud said:
Absolutely no chance at all. I drive along that bit of road quite often and it is very, very clear where the bus lane is and where it ends.
In fact it's so clear I had never even noticed the dotted line before, until I looked at your picture!!!
There is every chance of a successful appeal.In fact it's so clear I had never even noticed the dotted line before, until I looked at your picture!!!
I got a PCN in very similar circumstances in London a few years ago, which was overturned on appeal.
I'll post some details when I get a moment to dig out my old files.
Below are two flowcharts from TfL, that I used when challenging my bus lane PCN.
The potential offence test list out various criteria to determine if an offence is deemed to have occurred, and the minor infringement test gives criteria for whether or not to issue a PCN.
This is TfL's guidance, so I don't know if other parts of the country follow the same process.
The potential offence test list out various criteria to determine if an offence is deemed to have occurred, and the minor infringement test gives criteria for whether or not to issue a PCN.
This is TfL's guidance, so I don't know if other parts of the country follow the same process.
I've also dug out a copy of the letter that I sent at the time to challenge the PCN, which might help you in formulating your own challenge;
<begin>
I write in relation to PCN no. xxxxx, relating to an alleged bus lane contravention.
Please accept this letter as a representation against the PCN on the basis that the contravention did not occur, and I offer the following reasons:
1. The CCTV video and still images that you have provided show the vehicle entering the left turn filter lane, as the vehicle is intending to turn left into Theobalds Road. This is in accordance with the road markings defining the filter lane.
2. If it is your contention that the vehicle entered the filter lane prematurely, then please note that:
a) the vehicle entered the filter lane at the appropriate road markings
b) any alleged encroachment on to the end of the bus lane was de minimis
c) no advantage was gained over other vehicles by entering the filter lane
d) no buses were impeded by the vehicle entering the filter lane.
3. The CCTV video shows a VW van (reg xxxx) in front and a BMW Mini (reg xxxx) behind, who both perform similar manoeuvres in entering the filter lane. This is indicative of the reasonable actions of an average driver.
4. Based on the Transport for London guidance flowcharts for Potential Offence Test and Minor Infringement Test, the PCN should not have been issued in the circumstances shown on the CCTV footage.
5. There are a number of documented successful PATAS Appeals relating to alleged bus lane infringements based on similar circumstances, including also at this specific location. I am aware that previous successfully appeals may not set a binding precedent, however it is indicative of the unreasonableness in the Council issuing the PCN in the circumstances described above. This will also form part of the formal appeal if this representation is rejected.
<end>
<begin>
I write in relation to PCN no. xxxxx, relating to an alleged bus lane contravention.
Please accept this letter as a representation against the PCN on the basis that the contravention did not occur, and I offer the following reasons:
1. The CCTV video and still images that you have provided show the vehicle entering the left turn filter lane, as the vehicle is intending to turn left into Theobalds Road. This is in accordance with the road markings defining the filter lane.
2. If it is your contention that the vehicle entered the filter lane prematurely, then please note that:
a) the vehicle entered the filter lane at the appropriate road markings
b) any alleged encroachment on to the end of the bus lane was de minimis
c) no advantage was gained over other vehicles by entering the filter lane
d) no buses were impeded by the vehicle entering the filter lane.
3. The CCTV video shows a VW van (reg xxxx) in front and a BMW Mini (reg xxxx) behind, who both perform similar manoeuvres in entering the filter lane. This is indicative of the reasonable actions of an average driver.
4. Based on the Transport for London guidance flowcharts for Potential Offence Test and Minor Infringement Test, the PCN should not have been issued in the circumstances shown on the CCTV footage.
5. There are a number of documented successful PATAS Appeals relating to alleged bus lane infringements based on similar circumstances, including also at this specific location. I am aware that previous successfully appeals may not set a binding precedent, however it is indicative of the unreasonableness in the Council issuing the PCN in the circumstances described above. This will also form part of the formal appeal if this representation is rejected.
<end>
Thanks, that’s very helpful.
I feel like I won’t be able to rely on point 3 (as I don’t think anyone followed, and there weren’t really many vehicles behind me).
The filter lane argument I could’ve made would be based on road markings, as I can only see bus lane markings with a thick solid line, not one bordered by something else - but seems like a flimsy argument.
I will need to take a look at that appeals database you reference to see if there were any cases with similar premise.
I feel like I won’t be able to rely on point 3 (as I don’t think anyone followed, and there weren’t really many vehicles behind me).
The filter lane argument I could’ve made would be based on road markings, as I can only see bus lane markings with a thick solid line, not one bordered by something else - but seems like a flimsy argument.
I will need to take a look at that appeals database you reference to see if there were any cases with similar premise.
4004 said:
So, I’ve goofed up and drove into a bus lane, got a PCN. I knew this was a bus lane with 24h operation, and generally should’ve known better, but for some reason thought the markings allowed entry - this was within probably 10m of the area where the lane ends to aid traffic turning left at a junction.
The lane itself had a thick white solid line, however it also had a broken white line similar to the centreline, which I took to mean entry allowed.
Any chance I can challenge the PCN on those grounds?
A waste of your time. Not worth the hassle. Just accept it - and learn.The lane itself had a thick white solid line, however it also had a broken white line similar to the centreline, which I took to mean entry allowed.
Any chance I can challenge the PCN on those grounds?
Mandat said:
Below are two flowcharts from TfL, that I used when challenging my bus lane PCN.
The potential offence test list out various criteria to determine if an offence is deemed to have occurred, and the minor infringement test gives criteria for whether or not to issue a PCN.
This is TfL's guidance, so I don't know if other parts of the country follow the same process.
Dear god, what the fk is the country coming to?The potential offence test list out various criteria to determine if an offence is deemed to have occurred, and the minor infringement test gives criteria for whether or not to issue a PCN.
This is TfL's guidance, so I don't know if other parts of the country follow the same process.
No surprise the nation's productivity is at an all-time low while people waste time on this st - inventing it, installing it, enforcing it, arguing about it... and and all the time achieving nothing
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