PCN for driving in a Bus Gate
PCN for driving in a Bus Gate
Author
Discussion

jayx73

Original Poster:

72 posts

222 months

Sunday 13th February 2022
quotequote all
The initial message was deleted from this topic on 05 April 2022 at 17:53

Sebring440

3,201 posts

125 months

Sunday 13th February 2022
quotequote all
jayx73 said:
I received a PCN for driving in a BUS GATE which I admit that's something I have never heard of.
I did realise the road had changed since I was last there a couple of years ago and there was a BUS GATE signs on the road which was faded
By the time I noticed it was to late .

My main query is the PCN says I have been in a bus Lane and not a bus gate ? I will contest it as a matter or principle but I assume their legal definition on the PCN is incorrect ?

Thanks
What would be your mitigation when contesting?


Mojooo

13,291 posts

209 months

Sunday 13th February 2022
quotequote all
I had the same issue and yes a BUS GATE holds the same status as a LANE.

vonhosen

40,597 posts

246 months

Sunday 13th February 2022
quotequote all
Isn't a Bus Gate just a Bus Lane with the addition that there is no other vehicular access save for those that can legally use that Bus Lane?

Vasco

18,009 posts

134 months

Sunday 13th February 2022
quotequote all
jayx73 said:
I received a PCN for driving in a BUS GATE which I admit that's something I have never heard of.
I did realise the road had changed since I was last there a couple of years ago and there was a BUS GATE signs on the road which was faded
By the time I noticed it was to late .

My main query is the PCN says I have been in a bus Lane and not a bus gate ? I will contest it as a matter or principle but I assume their legal definition on the PCN is incorrect ?

Thanks
Were there no signs ? - there's quite a lot around, often at the end of a Bus Lane.

Spleen

5,453 posts

150 months

Monday 14th February 2022
quotequote all
jayx73 said:
I will contest it as a matter or principle...
Hmm. Arguing on a matter of principle is a waste of time, either you were or you weren't. You won't win.

SteveStrange

7,655 posts

242 months

Monday 14th February 2022
quotequote all
vonhosen said:
Isn't a Bus Gate just a Bus Lane with the addition that there is no other vehicular access save for those that can legally use that Bus Lane?
In TRO terms, yes, there is no difference between a bus lane and a bus gate. A bus gate is easier to enforce for (non-London) local authorities because there is a single point of contravention.

You would use a bus gate if the restricted road in question has residential or business access from it, and you don't want to restrict traffic from using the road in general, just limit the traffic entering or exiting that road at a certain point.

Regarding who else can use it, that's down to the LA in question and their local policy. Essex, for example, allow buses (anything with 10+ seats), taxis, motorbikes and pushbikes to use bus gates by default.

Edited by SteveStrange on Monday 14th February 07:50

SteveStrange

7,655 posts

242 months

Monday 14th February 2022
quotequote all
jayx73 said:
I received a PCN for driving in a BUS GATE which I admit that's something I have never heard of.
I did realise the road had changed since I was last there a couple of years ago and there was a BUS GATE signs on the road which was faded
By the time I noticed it was to late .

My main query is the PCN says I have been in a bus Lane and not a bus gate ? I will contest it as a matter or principle but I assume their legal definition on the PCN is incorrect ?

Thanks
Give us a google maps link (and if you can be bothered, a redacted copy of the PCN?) and I'll have a look. I write these traffic orders every day so have some working knolwedge of definitions etc.

Vasco

18,009 posts

134 months

Monday 14th February 2022
quotequote all
jayx73 said:
I received a PCN for driving in a BUS GATE which I admit that's something I have never heard of.
I did realise the road had changed since I was last there a couple of years ago and there was a BUS GATE signs on the road which was faded
By the time I noticed it was to late .

My main query is the PCN says I have been in a bus Lane and not a bus gate ? I will contest it as a matter or principle but I assume their legal definition on the PCN is incorrect ?

Thanks
What exactly are you going to contest? - either you were in it or you weren't !

jayx73

Original Poster:

72 posts

222 months

Monday 14th February 2022
quotequote all
Change of road layout and inadequate signage

SteveStrange

7,655 posts

242 months

Monday 14th February 2022
quotequote all
jayx73 said:
Change of road layout and inadequate signage
Google maps link please? Or a copy of the photo (number plate blanked out if you wish). Will soon be able to tell you.

anonymous-user

83 months

Monday 14th February 2022
quotequote all
jayx73 said:
Change of road layout and inadequate signage
You're wasting your breath trying to argue with them but u crack on buddy and hope they don't double it for fun

silverfoxcc

8,397 posts

174 months

Monday 14th February 2022
quotequote all
OP

Post this in pepipoo.com under the council thread. They wqill give you an honest answer if you can win or divi up

answer everything they ask honestly. dont fudge or make up things

Remember it is YOUR money they are trying to save not theirs

Solocle

4,196 posts

113 months

Monday 14th February 2022
quotequote all
Writing on the road is only advisory, not mandatory.

TROs have signs, like the following:

Same as for speed limits, you don't get off if the paint on the road is worn, the appropriate signs showing is what matters.

jayx73

Original Poster:

72 posts

222 months

Tuesday 15th February 2022
quotequote all
Curledge said:
You're wasting your breath trying to argue with them but u crack on buddy and hope they don't double it for fun
not sure how they can double it for fun , but hey ho worth a go

jayx73

Original Poster:

72 posts

222 months

Tuesday 15th February 2022
quotequote all
Just seen the replys and thanks for the info however i had already submitted a response . Brighton council may well not back down but i do feel there are mitigating circumstances so i have used their appeals process.

Type R Tom

4,308 posts

178 months

Tuesday 15th February 2022
quotequote all
Strange post, asks a question then is very secretive about it, my guess is your bang to rights and don't want to admit it.

jayx73

Original Poster:

72 posts

222 months

Tuesday 15th February 2022
quotequote all
Nothing secretive about it pal , asked for a bit of advice regarding the term BUS GATE and thanked people for it .On balance i think there is a case and i decided to challenge it , i think you have been watchin to much sweeney





Edited by jayx73 on Tuesday 15th February 12:45

Buzz84

1,699 posts

178 months

Tuesday 15th February 2022
quotequote all
There was anther post on here few weeks ago about being fined for going through a Brighton bus gate.

https://www.pistonheads.com/gassing//topic.asp?h=0...

Largechris

2,019 posts

120 months

Tuesday 15th February 2022
quotequote all
Curledge said:
jayx73 said:
Change of road layout and inadequate signage
You're wasting your breath trying to argue with them but u crack on buddy and hope they don't double it for fun
Yeah ignore this ^^ I’ve won on appeal for a bus lane offence on the basis of inadequate signage. It’s doable but you need to present evidence (streetview is normally adequate).