caught in bus lane - pcn

[HP Mum]

I have received a pcn for driving in a bus lane.

They have sent 4 photographs and a link to video evidence - although the link does not work...

I can see they are correct - to a point.  And I wonder if I have any chance to challenge?

 

I was driving in a 2 lane road (London) - on the left lane, beside the kerb. 

Stopped at a light junction.

There was a road to the left, just after the lights.

 

Just the other side of the junction the road split into only one lane for cars (right lane) and a bus lane (left)

 

There was a dotted line at a 45 degree angle - so cars which had been in the left lane clearly always have to merge with the right lane.

I crossed the junction - but there was a car immediately to my right so I could not merge into the right lane immediately.

 

The photographic image shows this other car blocking my access into the correct right lane.   

It also ironically shows a bus in the car lane, not the bus lane, just in front of this car.

 

The camera has snapped my car exactly on the angled dotted lines, right where the left lane has to merge. 

It shows my right wheel trying to get into the right lane.

 

The next image shows my car has slowed and the car and the bus have sped ahead and I am slipping behind them both into the correct lane.

 

There are 4 seconds between the frames. 

Frame 1 = My car at the very start of the diagonal angled bus lane, waiting til the car boxing me in has moved ahead and

Frame 2 = my car moves into the correct lane behind the car that had blocked my car.

 

8 seconds after the 1st photographic evidence the 3rd shot shows my car clearly in the correct lane.

It was a very short distance - like maybe 10 meters.

It was also after midnight on a Sunday evening.

 

Should I just pay the £65 fine?

Or is there a good chance I may be able to challenge such a pcn?

This is the first time I have ever had such a pcn

Any thoughts would be welcome.

Thanks

 

 

[honeybee13]

Are you able to show us photos of the junction, HP Mum, or the images you've been sent minus your car reg? That will make it easier to advise. Also the location.

 

HB

[HP Mum]

this first image shows the junction: 2 lanes before the traffic lights.   The other side of the junction one can see how the 2 lanes become one - the left lane becomes a bus lane and the right lane for cars.

I am going to post other images downloaded from maps.

 

 

If one compares the map image with the pcn image - there is a post on the kerb.  My car has been photographed right by the post.  The post is just where the dotted line marks the bus lane merge,

 

Between the clock saying :31 secs and :35 secs the car to my right has moved forward and I have slipped in behind

buslane pcn query.pdf

 

Is it worth challenging the pcn - on the basis I had been in the left lane before the traffic light junction and as I drove through the junction the car to my right blocked my route into the right lane.  Within 4 seconds I was out the bus lane and into the car lane.

[ericsbrother]

You made it sound as though you never entered the bus lane other tha having a wheel sitting on the dotted line and the image show your car in the bus lane for about 10 metres. they will not agree that this is "de minimis" so a big risk to argue the toss. you are probably better off paying the discount.

yor argument about being driving lawfully before you broke the rule so shoudl be let off wont cut much ice, I could claim I was driving at 30mph down a motorway and that should let me off doing 70 in a 30 zone afterwards if that was a mitigating factor.

IF you could prove that you were prevented from stopping and waiting for the right hand lane to clear by somehting you might have a case but I cant see anything in the images to suggest that was the case

[HP Mum]

HI

I did not mean to suggest I had not gone in the bus lane.  I knew I had as the photos prove I did.  But I could not move out of the inner lane because there was a car on the outer lane.  I waited for that car to speed ahead and then cut in behind.  That process took 4 seconds - whilst at the very start of the bus lane.

There were 2 lanes for cars.  Straight after the traffic light junction there was only one lane for cars.  

As quick as I was able to get out out of the lane (ie when other car moved ahead) I moved into the correct car lane.

I did not block any bus traffic.

As I mentioned - a bus was in the wrong lane just in front of my car.  Facetious comment here - do bus drivers get fined for driving in car lanes where there is an empty bus lane???

 

I do not want to get hit with a £130 fine.   So is it best to pay the £65 fine AND challenge and try get a refund?

One is only ever given 14 days to  pay the lower sum.   If one challenges and fails - does one then have to pay the full £130 ??

[ericsbrother]

there is no "wrong " lane for the bus and you should have waited to filter in rather than drive in the bus lane. If you want to persist with the argument about your inability to obey the traffic law the you may very well might as well admit careless driving or driving without due care and attention.

your best bet is to pay the £65 and accept you were wrong, you cnnat pay that and challenge afterwards.

 

I see nothing to support an appeal,  using  the timings you give mean you were partially in the bus lane for up to 50 metres and that is not de minimis