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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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entering a bus lane to park in a parking bay (same council)

Customer Question

entering a bus lane to park in a parking bay (same council) - pulled into bus lane parallel parked - paid parking ticket - as did everyone else on Chiswick High Road - no other way to park unless you drive along pavement or have helicopter.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Whats your question about this please?
Customer: replied 2 years ago.

entering a bus lane to park in a parking bay (same council) - pulled into bus lane parallel parked - paid parking ticket - as did everyone else on Chiswick High Road - no other way to park unless you drive along pavement or have helicopter.


 


Then received a penalty notice for driving in a bus lane - it is impossible to park without crossing into the bus lane.


 


So a little confused - why does the council have parking bays and entice you into them- have meters that you pay and prove you parked there - then fine you for driving into them

Expert:  Jo C. replied 2 years ago.
Were you in the bus land for longer than you needed to be to park?
Customer: replied 2 years ago.

No - as demonstrate by three photographs


 


only to park

Expert:  Jo C. replied 2 years ago.
What reasons did the council give for refusing?
Customer: replied 2 years ago.

"we sent you a Penalty Charge Notice because our camera evidence shows your vehicle in a bus lane at a time when only buses are allowed there"

Expert:  Jo C. replied 2 years ago.
Yes, but what is their response to your specific appeal on this point?

You did raise this point on appeal?
Customer: replied 2 years ago.

This was their response


 


I am copying it and will forward it to you in confidence


 


 

Expert:  Jo C. replied 2 years ago.
If you are proposing to post it online then please be aware that this is a public site and your postings are visible to any onlooker.
Customer: replied 2 years ago.

is this communication - public?

Expert:  Jo C. replied 2 years ago.
Yes, although you are anonymous.
Customer: replied 2 years ago.

stand by

Expert:  Jo C. replied 2 years ago.
Ok.
Customer: replied 2 years ago.

their response was as follows;



 


Thank you for writing to us regarding the above Penalty Charge Notice.


 



 


We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice.


 



 


We sent you a Penalty Charge Notice because our camera evidence shows your vehicle in a bus lane at a time when only buses are allowed there.


 



 


At the start of bus lanes (and often along their length) are signs showing when the ‘buses only’ rule is in force. If the sign says ‘at any time’, or shows no times, the rule is in force 24 hours a day. If no days are shown, the rule is in force seven days a week. When the rule is not in force, you may drive in the bus lane.


 



 


When the bus lane rules are in force, crossing the white line into a bus lane – even for a short distance – is not allowed. The purpose of this is to keep the whole width and length of the bus lane free so that buses can have faster, safer journeys.


Expert:  Jo C. replied 2 years ago.
Thanks.

If you are just describing a situation where you entered the bus lane literally only to cross to reach a council operated parking place and no more than that does not offend. There are thousands of cases where people cross bus lanes to reach side roads or designated parking locations.

Their rejection really doesn't seem to address anything at all.

It might be just that this is the first stage of the appeal procedure and you are dealing with a council that have dug their heels in unreasonably. It might be that you have to take this to the Adjudicator to succeed.

Obviously if there is going to be an argument that you were in the bus lane for longer than was required then that would change the situation.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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