Worth an appeal?

There lies in Doncaster a short bus lane. My wife has picked up a ticket for being in it.

Picture of bus lane...



Bus lane has since been repainted.

She had been parked where the white car (that I have artistically coloured blue) was. She reversed out into the Bus Lane. The words Bus Lane have been added after the repaint, but she would have reversed over it and not seen it then.

She then proceeded to drive up it having not seen the words Bus Lane, as she was turning left.



While I accept that I would wonder why the road is a different colour, I do think she had a more legitimate reason than most for being a muppet?

What is the consensus? Appeal worth a go?



ETA Video evidence...

There were no words on the road surface at the time she parked there. They were painted on afterwards.

Is it a council Penalty Charge Notice? If so I have just successfully appealed a bus lane PCN from Sheffield Council (as my car has been cloned) but the online appeal process was simple. The fine £amount is put on hold pending the outcome of the appeal, so it doesn't increase if not paid after the specified time period.

The appeal process allowed me to upload a maximum of three images as evidence, so uni could upload the image of the lane prior to having 'Bus Lane' painted on. I've no idea if such an appeal would be successful as there might also have been signs mounted on posts etc, but the fact the council have repainted the road surface suggests the wording had worn off the road?

Ahh, I understood it wrong. I'm probably of the opinion that she does really have a case then, but nothing to lose by trying I guess.

I'm currently in the process of submitting another PCN appeal with my local council.

If you can legitimately enter the bus lane to park in those spaces, then the same must apply when exiting them.

So yes - definitely worth an appeal.

No, don't do this. You are permitted to cross a bus lane for access, but not to drive along it. Sorry, but I think you will have to pay. She would have missed some very clear white-on-blue upright signs too.
(I put in bus lanes, gates, and traffic orders for a living. There is almost no wriggle room.)



Edit:

Actually, having looked on streetview, I would say you may have grounds to appeal it.

When your wife reversed out, she was about 20m from the "End of Bus Lane" sign. Yes, technically she drove in a bus lane, but it's a very cynical move from the council to put a camera in that focusses on the very end of the bus lane, nearest the junction. There are no other signs between where she parked, and the "End of bus lane" sign, that indicate the prohibition/enforcement.

The Traffic Signs Manual Chapter 3 states that coloured surfacing alone has no legal significance, and road markings must be supported by upright signs, of which none are visible from where your wife (re)commenced her journey. (For example, if you parked the car there, but your wife collected it but approached from the north, she may not know it is a legally enforcable bus lane. Yes ignorance is no excuse, but a sympathetic ear at the council appeal committee may be available.)

https://assets.publishing.service.gov.uk/media/5c7...

Section 9.1 and 9.3

I would probably send in an appeal. If anything, to make the council reconsider the quality of their bus lane enforcement.

Agreed

It doesn’t cost anything to appeal and it delays things u til the local authority get back to you. If you appeal within the permitted timeframe and they reject it, they still offer you the opportunity to pay the fine at the discounted rate.

Looks like a very flawed section of road- design wise.

In my opinion you have to enter the bus lane to back of the parking area, the line is solid not a centre line so normally should not be crossed.

When you realise these are more about money generation, you will see why they go after these so hard.

Do not agree. One could reasonably argue that the as there is a break in the bus lane lining and surfacing immediately before the pub, that there should be additional upright signs for that final stretch to reinforce the message, before you can enforce.

As I said above, I put bus lanes in very often - I have installed three since January - and I don't think our enforcement guys would put a camera there without the signing being bulletproof. Which, in my opinion, it is not. Yes, technically an offence has happened, but the signing is not comprehensive according to the regs. Also, you cannot assume someone's familiarity with the road as mitigation for prosecution.

In the video it says bus lane on the photos it does not. I am lost! are these the same instance?

If Bus Lane was added after the event it supports the argument that it was not clear intially.