PCN received because Bus Lane times changed due to Olympics

[alanthefocusman]

On Monday 6th August I was photographed travelling in the bus lane in Lodge Ave, Dagenham by a roadside camera. The times of operation for this lane has been 7am.to10am for some years.The time of my alleged offence was 19:12 hrs. I went back to the bus lane and saw that the old hours of operation had been removed and an A4 notice in a plastic wallet had been affixed to the post quoting Section14[1] of the Road Traffic Regulations Act 1984 and Amended Act 2011 and the enforcement period was 1/7/12 to 30/9/12.

It also stated that"The restrictions will apply only during such times and to such extent as shall be indecated by traffic signs complying with chapter 8 of the Traffic Signs and Regulations and General Directions 2002"

 

There were NO warning signs on the approach to the bus lane to warn of the changes in operating times.

I decided to visit 2 other bus lanes in the area and found that the bus lanes in Longbridge Rd and outside the cemetery in Ripple Rd had large yellow and white reflective warning signs about 2ft by 3ft placed before the bus lanes stating "Advanced Warning All Bus Lanes Currently Enforced 24 hours a day"

 

The council maintain that they took adequate measures to inform the motorists by placing notices in the local paper, by postings on facebook, twitter,and on the Borough's website. I am not a local and do not receive the local paper in addition who looks on the websites of the Boro's they may possibly drive through every day before setting out?

 

I intend to appeal the PCN on the grounds that the council failed to give adequate notice of the changes. That they failed to put up the warning sigs at this bus lane showing the changes of enforcement and that by only placing warning signs at some of the bus lanes they were misleading the motorist into believing that those unsigned bus lanes were unaffected by the changes.

I wonder if by doing so they are in breach of the Traffic Signs Regulations and General Directions themselves? I also have taken a video of the approach to the bus lane, and photographs to support my evidence.

 

I also have taken a video of the approach to the bus lane, and photographs to support my evidence.Can anyone advise me if there is a minimum required width for a bus lane?

I understand that the minimum width should be 4 mtrs to allow for the safe passing of cycle riders.

In addition the taper at the start of the lane should be 1in10, and there should be warning signs in any side roads that are leading into the bus lane.

Are there grounds to appeal due to wrong signage, if these requirements are not met?

 

Any help and advice is welcome & I hope my post may be of sme help to others .Alanthefocusman

[Binbag225]

I am aware of a number of people that have been affected by this sudden change of operating hours including myself. Especially on the High Road Chadwell Heath EASTBOUND lane towards Whalebone Lane. Again I am not local and was not aware of the changes being made until it was too late. I used the lane for many years and did not expect it to be in operation at 6am in the morning with no traffic at all. I have also heard (on the grapevine) that the local authority did not consult with the traffic management officer from the traffic police prior to changing the hours of operation. Very bad!

[honeybee13]

Hello and welcome to CAG.

 

I'm going to move your thread to the traffic offences and hope I've got the right one. I'm sure the guys will let us know if it needs moving.

 

My best, HB

[vax2002]

The photographs of the signs will help.

As well as photograph from 40m before the lane starts, and the start.

[citizenB]

alanthfocusman.

 

responding to your S.O.S regarding posting up images.

 

You can either :

 

1. Follow the instructions below..

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

or

 

2. email or your image to..

 

parkingsigns@consumeractiongroup.co.uk (no spaces) and I will then post the images in your thread for you.

 

Please leave a message here on your thread if you are going to email the image so I can look out for it and please pop "alanthefocusman" in the subject line of the email.

 

 

 

[alanthefocusman]

Thanks to CitizenB for your help, I hope its worked.alanthefocus man

[alanthefocusman]

Just found out from one of my clients that they were also ticketed in HIGH RD, CHADWELL HEATH. on Saturday 28th July.It was early morning and the roads were empty. They are local and were unaware of the changes. So much for the council doing their best to inform the public.

However they telephoned the number on the PCN and was told by the person in the office that" as the lane was not signposted {see my earlier post with photos } they should appeal against the ticket".

When they pointed out that it was totally unnecessary to have enforcement on this and many of the other lanes for 24 hours, the officer told them that it was not possible for the council to change the timings on selected routes. The regulations, apparently,state that they must change all of them or none at all.

It would seem that there have been many of these tickets issued on unsigned bus lanes and there is now doubt over the council's power to enforce them.

Keep fighting !!!

[alanthefocusman]

October 31st. Just received the rejection of my appeal, not unexpected as the council consider the appeal NOT an independent body. This would seem in my opinion a council interpreting the rules in their favour to raise extra revenue at the motorists expense. They have seen the Olympics as an ideal oppertunity to abuse their powers and entrap as many motorists as they can by changing the regulations in their favour, and doing the minimum they are obliged to do under the rules to inform the public of what they are up to. They know that they are the ones revuing their own actions, it is like asking a fraudster to decide if what he is doing is fraudulent, of course he will say no. Then they try to frighten us off of persuing them with an independent body by doubling the fine if we don't give in to them. The whole thing stinks and I intend to make myself as big a nuisance as possible to the MP's, TFL Council and councillors as possible in an attempt to have the powers to levy fines like this taken away from them. They can't be trusted not to abuse them. When It comes to our money councils and government are like drug addicts. The more they get the more they want.

 

alanthefocusman