PCN for straying into bus lane to avoid oncoming traffic in my lane!

[infidel]

Today I received a PCN for a bus lane violation from Brent Council for straying into the bus lane on 15/08/16.

 

The picture clearly shows me in the bus lane.

It also clearly shows a truck parked in the opposite lane which is forcing an oncoming car into my lane, thus I have to move into the empty bus lane momentarily to avoid going into the oncoming car which has clearly strayed into my lane.

This is all evident in the picture so how can this be an offence?!

According to the PCN there are only 4 grounds for appeal:

 

1. Recipient was not the owner

2. There was no breach of the bus lane Order or Regulation

3. The vehicle was taken without consent

4. The police are already taking action

 

Surely avoiding an accident has to be grounds for momentarily moving into the bus lane?

 

In my simple mind sheer common sense should apply here, but common sense and local authority bureaucracy don't always go hand in hand.

 

Anyone know if I have a point to force an appeal even though it is not listed in the PCN notice?

Should I appeal (notice says I have to wait 28 days for 'enforcement action' before I can make 'representations')?

Should I pay up first (fine is £65 if paid within 14 days, or double after that) and then fight?

[dx100uk]

Ask to view the video

Should prove your point

[Michael Browne]

It's pretty much standard for a bus lane TRO to include aa article along these lines:

 

Nothing in article……..of this Order shall render it unlawful for a person to cause or permit any vehicle to enter the bus or cycle lane for so long as may be necessary to avoid an accident.

[Oddfellow]

Sounds like you need to make a request to Brent Council for them to provide you with a copy of the TRO which applies to the instigation of this bus lane, to establish whether this clause is included.

Don't pay up, whatever you do!