Being in a Bus Lane PCN

[babelfish]

Today I received a PCN for "Being in a Bus Lane":




However, there was a sign up saying:



An on further research I found a Temporary Traffic Order that stated:



The photographic evidence showed my car passing 169 Uxbridge Road in an easterly direction.

What do you think my chances of appeal are?

How many of PCNs do you think they have issued for this stretch of road?

BF

Edited to add Temporary Traffic Order is valid until 5th August 2017.

Edited by babelfish on Wednesday 21st June 23:43

[Steve57]

I'd put an appeal in, but what traffic management was in place?

Edited by Steve57 on Thursday 22 June 06:21

[JM]

Steve57 said:

I'd put an appeal in, but what traffic management was in place?

If the bus lane is suspended it's suspended, whether any cones are out or not is irrelevant. Surely.

[Steve57]

JM said:

If the bus lane is suspended it's suspended, whether any cones are out or not is irrelevant. Surely.

I Agree, but the wording does say in accordance with traffic management.

[speedking31]

It seems that the council argument will be that "If directed to use the bus lane by signage cones etc." then its OK to use it, e.g. if they need to establish a contraflow. But in the absence of signage (traffic management), normal rules apply.

Without having read the TRO, and encountering just the "Suspended" sign, I would say that the average driver would think that they are entitled to use the Bus Lane.

[Solocle]

speedking31 said:

It seems that the council argument will be that "If directed to use the bus lane by signage cones etc." then its OK to use it, e.g. if they need to establish a contraflow. But in the absence of signage (traffic management), normal rules apply.

Without having read the TRO, and encountering just the "Suspended" sign, I would say that the average driver would think that they are entitled to use the Bus Lane.

Agreed - the suspended sign alone implies you're allowed to use it. OP, send an appeal to the council, demand some cash for time and worry dealing with a spurious FPN, and at the same time suggest that if they don't cough up the local and national press will hear of it.

[babelfish]

I put the challenge in yesterday evening according to the instructions on the PCN and also emailed the Asst. Director of Highway Services whose name was on the Temporary Traffic Order.

I had this reply from his office this morning:

London Borough of Ealing said:

I refer to your earlier e mail to Mr Iqbal with regards to the Traffic order for bus lane suspension along Uxbridge road. I can confirm that there had been some communication breakdown and the CCTV camera was not switched off and hence the PCNs generated.
I can confirm that the this has now been reviewed and that all PCNs issued during this period including the one issued to yourself have be cancelled.

[kowalski655]

babelfish said:

I put the challenge in yesterday evening according to the instructions on the PCN and also emailed the Asst. Director of Highway Services whose name was on the Temporary Traffic Order.

I had this reply from his office this morning:

London Borough of Ealing said:

I refer to your earlier e mail to Mr Iqbal with regards to the Traffic order for bus lane suspension along Uxbridge road. I can confirm that there had been some communication breakdown and the CCTV camera was not switched off and hence the PCNs generated.
I can confirm that the this has now been reviewed and that all PCNs issued during this period including the one issued to yourself have be cancelled.

But will any PCNs already paid be refunded? Hmmm, I wonder Perhaps something to the press so more people know about it?

Steve57 said:

JM said:

If the bus lane is suspended it's suspended, whether any cones are out or not is irrelevant. Surely.

I Agree, but the wording does say in accordance with traffic management.

traffic management=big yellow sign saying "suspended"?