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#Post#: 32619--------------------------------------------------
34j - Being in a bus lane - Romford Road E12 Newham
DIR By: sc2509
Date: August 7, 2024, 4:27 pm
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Hi everyone, looking for some help in appealing this one. I was
expecting it as soon as I realised what I had done on the day.
So allow me to explain what happened, I was driving out of the
the road that I live on, onto the main road Romford Road. There
was a vehicle driving in the direction that I was intending to
travel in, I allowed it to pass and pulled out behind the
vehicle. As I was pulling out onto the main road the vehicle in
front was braking a lot sooner than I had anticipated, so I
instinctively pulled in to the bus lane to avoid having to brake
hard. As I was turning left at the next junction, I stayed in
the bus lane. The distance between me entering the bus lane and
the end of the bus lane is roughly 100 yards.
Now i'm not expecting Newham to believe my version of events, so
i'm hoping I am able to appeal on any technicalities. Please
help :)
HTML https://i.ibb.co/WgQw4Xk/Cam-Scanner-08-07-2024-22-19.jpg
HTML https://i.ibb.co/8NPq0Cn/Cam-Scanner-08-07-2024-22-19-1.jpg
HTML https://i.ibb.co/2ds5CHj/buslane.jpg
Link to video:
HTML https://imgur.com/Kbs6zvr
#Post#: 32627--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: fraser.mitchell
Date: August 7, 2024, 6:44 pm
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Unfortunately, the video just shows you pulling out of the side
road and turning left into the bus lane and carrying on in it to
the end.
If there is a "technical" appeal argument, I'm sure the experts
on here will tell you, but bear in mind you'd have to take them
to London Tribunals with the full PCN penalty in play. SO advice
is to wait a bit until others have contributed, but not to miss
the deadline for submitting representations.
#Post#: 32631--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: Hippocrates
Date: August 7, 2024, 7:11 pm
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There should be a sign warning you of the impending bus lane at
the end of the junction. I would not say you knew the road.
Is there one?
#Post#: 32635--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: sc2509
Date: August 8, 2024, 2:25 am
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So there is a bus lane sign on the corner where the side and
main road meet, you can see it in the left corner of the video.
#Post#: 32638--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: fraser.mitchell
Date: August 8, 2024, 3:14 am
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--- Quote from: sc2509 link ---
>
> So there is a bus lane sign on the corner where the side and
main road meet, you can see it in the left corner of the video.
>
--- End Quote ---
That's the sign for traffic on the main road. There should be a
sign on the side road as you approach the junction. I had a
quick look on GSV and the latest view is 2015. This shows that
no sign is present on Manor Park Road to warn of a bus lane when
turning left. Of course the council will claim the main sign is
sufficient, but this is false, because if you're turning left,
your main focus as a driver is traffic approaching from the
right.
So you need to check if any sign is there now.
The main problem you have so far is that the video doesn't
support your narrative in your initial post. However, the
absence of any warning of a bus lane to the left at the junction
is in your favour.
#Post#: 32661--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: Hippocrates
Date: August 8, 2024, 6:13 am
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--- Quote from: sc2509 link ---
>
> So there is a bus lane sign on the corner where the side and
main road meet, you can see it in the left corner of the video.
>
--- End Quote ---
No. As per Incandescent.
Traffic Signs Manual, Chapter Three:
HTML https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf
9.3.16.  The sign to diagram 962 is most likely to
be used where a nearside bus lane is on the
same side of the major road as the side road; in this case the
arrow will point to the left.
There are decisions on this. If missing this is a ground of
appeal.
#Post#: 32688--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: fraser.mitchell
Date: August 8, 2024, 7:39 am
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+1
The key sentence is this: -
--- Quote ---
> "The sign to diagram 962 should not be necessary where a bus
lane commences downstream of
> the junction, provided that a driver turning into the major
road would see a sign to diagram 958
> in good time to react to it"
>
--- End Quote ---
Here, the bus lane commences immediately on making the turn.
#Post#: 32748--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: sc2509
Date: August 8, 2024, 4:57 pm
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Amazing, thanks for the help. I can confirm there is no signs on
the side road relating to the bus lane
#Post#: 32785--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: Hippocrates
Date: August 9, 2024, 5:12 am
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Dear Newham
Ref: PCN
I make the following challenge:
1. The alleged contravention did not occur as there was no
warning signage of a bus lane at the junction. I rely upon:
Traffic Signs Manual, Chapter Three:
HTML https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf
9.3.16.  The sign to diagram 962 is most likely to
be used where a nearside bus lane is on the
same side of the major road as the side road; in this case the
arrow will point to the left.
2. I also consider the white line to be faint and not fit for
purpose.
3. Explain why your manoeuvre was necessary here
4. I put you to strict proof that the camera used is approved.
If you cannot provide this, the evidence is inadmissible.
In light of the above, please cancel the said PCN.
Reg. keeper
Address
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Please post up a final version first for any further advice.
#Post#: 33369--------------------------------------------------
Re: 34j - Being in a bus lane - Romford Road E12 Newham
DIR By: sc2509
Date: August 14, 2024, 12:12 pm
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Thanks all for your help so far. Will be submitting the
following today:
To Whom It May Concern:
Ref: PCN PN75540198
I make the following challenge:
1. The alleged contravention did not occur as there was no
warning signage of a bus lane at the junction. I rely upon:
Traffic Signs Manual, Chapter Three:
HTML https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf
9.3.16.  The sign to diagram 962 is most likely to
be used where a nearside bus lane is on the
same side of the major road as the side road; in this case the
arrow will point to the left.
2. I also consider the white line to be faint and not fit for
purpose.
3. I was forced to manoeuvre into bus lane as the vehicle in
front braked suddenly as I was turning left onto the main road.
4. I put you to strict proof that the camera used is approved.
If you cannot provide this, the evidence is inadmissible.
In light of the above, please cancel the said PCN.
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