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General Category => General No To Mob Discussion => Topic started by: Nigel W on 16 May, 2012, 07:00:12 AM

Title: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 16 May, 2012, 07:00:12 AM
A typo has sparked a legal row which could lead to hundreds of thousands of pounds being refunded to motorists caught driving in a bus lane, residents have claimed.

The bus lane in Hartfield Road, the one-way system in Wimbledon town centre, was installed despite opposition from local councillors and residents, and has generated more than 6,000 fines since November 18, 2011.


http://www.yourlocalguardian.co.uk/news/local/wimbledonnews/9698212.Could_a_council_typo_lead_to_bus_lane_refunds_/ (http://www.yourlocalguardian.co.uk/news/local/wimbledonnews/9698212.Could_a_council_typo_lead_to_bus_lane_refunds_/)
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Phoenix on 16 May, 2012, 08:48:27 AM
More significant are the discrepancies between the plans and the actual signage in place.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Bald Eagle on 16 May, 2012, 01:02:04 PM
We would be very interested to see a PCN (redacted for privilege), the TMO, the VCA certificate for the cameras and the plans you refer to Phoenix. Any chance please?

Incidentally, I don't want to piss on anyone's cornflakes here, but that typo may well be regarded as "de minimis" by a court of law. <_>
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 16 May, 2012, 02:23:26 PM
See Certificate attached. According to Merton this is the only certificate they held in May 2011. See correspondence.

There is no such manufacturer as Patrolvu of cameras.  This company buys in the camera modules.

See:
http://www.tssltd.co.uk/patrolvision-safety.html (http://www.tssltd.co.uk/patrolvision-safety.html)

Futhermore there is no recognised 'system' named on this certificate. A 'mobile enforcement vehicle' is not a 'system' under the terms of COAD.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: BGB on 16 May, 2012, 04:23:51 PM
We would be very interested to see a PCN (redacted for privilege), the TMO, the VCA certificate for the cameras and the plans you refer to Phoenix. Any chance please?

Incidentally, I don't want to piss on anyone's cornflakes here, but that typo may well be regarded as "de minimis" by a court of law. <_>

'Typo' s on pay by phone/text have been ruled not "de minimis" and PCN's upheld as a result.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Phoenix on 16 May, 2012, 05:11:03 PM
See Certificate attached. According to Merton this is the only certificate they held in May 2011. See correspondence.

There is no such manufacturer as Patrolvu of cameras.  This company buys in the camera modules.

See:
[url]http://www.tssltd.co.uk/patrolvision-safety.html[/url] ([url]http://www.tssltd.co.uk/patrolvision-safety.html[/url])

Futhermore there is no recognised 'system' named on this certificate. A 'mobile enforcement vehicle' is not a 'system' under the terms of COAD.


Nice.  Sorry to be a newbee/novice..what does COAD mean, Nigel, please?   .........Approved Devices?
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 16 May, 2012, 05:27:39 PM
COAD. Certification of Approved Devices.

http://assets.dft.gov.uk/publications/list-of-approved-device-certifications/certapproveddevices.pdf (http://assets.dft.gov.uk/publications/list-of-approved-device-certifications/certapproveddevices.pdf)

A 'Mobile Enforcement Vehicle' is not a system that can be certificated. The 'system' is the recording 'system' that produces the evidence packs. This may be one of several different types.

For example:

JAI Streetwatch.    http://www.jai.com/SiteCollectionDocuments/Traffic_Solutions_Brochure/streetwatch_bus_lane_enforcement.pdf (http://www.jai.com/SiteCollectionDocuments/Traffic_Solutions_Brochure/streetwatch_bus_lane_enforcement.pdf)

Zenco Zengrab.     http://zencosys.com/ (http://zencosys.com/)

SEA ROADflow.      http://www.roadflow.co.uk/ (http://www.roadflow.co.uk/)
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Bald Eagle on 16 May, 2012, 05:36:29 PM
This is getting interesting

Merton Honey Trap camera PCN cam51 (http://www.youtube.com/watch?v=Cnn2F3EVvF8#)
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Pat Pending on 16 May, 2012, 05:56:49 PM
How the hell can traffic turn left onto the road (at 1:24) without being in a Bus Lane?
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: tommy the trumpet on 16 May, 2012, 06:34:42 PM
I know this one well,end of last year there were roadworks at the end of the road on the broadway, this road way an absolute no go area even on the bike. Did not help only having one lane due to the bus lane, which do we really need, would all traffic flow better if some bus lanes were scrapped.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Phoenix on 16 May, 2012, 06:39:20 PM
COAD. Certification of Approved Devices.

[url]http://assets.dft.gov.uk/publications/list-of-approved-device-certifications/certapproveddevices.pdf[/url] ([url]http://assets.dft.gov.uk/publications/list-of-approved-device-certifications/certapproveddevices.pdf[/url])

A 'Mobile Enforcement Vehicle' is not a system that can be certificated. The 'system' is the recording 'system' that produces the evidence packs. This may be one of several different types.

For example:

JAI Streetwatch.    [url]http://www.jai.com/SiteCollectionDocuments/Traffic_Solutions_Brochure/streetwatch_bus_lane_enforcement.pdf[/url] ([url]http://www.jai.com/SiteCollectionDocuments/Traffic_Solutions_Brochure/streetwatch_bus_lane_enforcement.pdf[/url])

Zenco Zengrab.     [url]http://zencosys.com/[/url] ([url]http://zencosys.com/[/url])

SEA ROADflow.      [url]http://www.roadflow.co.uk/[/url] ([url]http://www.roadflow.co.uk/[/url])


Thanks.  Yes I did find the first link re certification after I posted, but thanks again for confirming.  So. my friends in Kingston have the same problem!  BTW, all current VCAs have now been requested re Merton.  PM sent to Bald Eagle re his requests, too.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Blindowl on 17 May, 2012, 11:49:27 AM
How the hell can traffic turn left onto the road (at 1:24) without being in a Bus Lane?

This is my video and and I am fighting the PCN - happy to answer any questions / take any advice...!
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: BGB on 17 May, 2012, 12:08:37 PM
Blindowl

Welcome
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 17 May, 2012, 12:27:22 PM
Welcome Blindowl.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Phoenix on 17 May, 2012, 01:43:05 PM
Seconded.  And a "Heartfeld" welcome from me, too.   :D
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Bald Eagle on 17 May, 2012, 04:06:30 PM
Hello Blindowl and welcome. You are not by any chance a Canned Heat fan? (Showing me age now).

http://en.wikipedia.org/wiki/Alan_Wilson_(musician) (http://en.wikipedia.org/wiki/Alan_Wilson_(musician))

Please check your PMs. ;)
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Kill Switch on 17 May, 2012, 04:55:19 PM
Welcome aboard Blindowl.

Video is listed as private so I can't watch it  ::)))
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Staps on 17 May, 2012, 08:43:03 PM
Good to have you on board welcome to the party
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Phoenix on 17 May, 2012, 09:28:59 PM
Welcome aboard Blindowl.

Video is listed as private so I can't watch it  ::)))

I believe a PM will prove useful.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Bennage on 22 May, 2012, 05:58:17 PM
Hello again all.
I too am interested in the result of this.   I got a ticket from it many years ago for turning left and using the bus lane a little too early to do so.   I live about 5 minutes walk from here so any additional photos etc. should be doable.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Blindowl on 14 June, 2012, 10:29:46 PM
I did request copy of their camera certification - this was their first response:
Dear Mr
Freedom of Information Act 2000/ Environmental Information Regulations 2004- Information request

We have now considered your request for information as set out below.

You asked for copies of the VCA certificates for enforcement cameras relating to bus lane contraventions.

I must advise you that there is no requirement for the cameras used to enforce bus lane contraventions to be certified. We are therefore unable to supply the information you have requested.

If you have any queries or concerns about this please contact me.

If you are dissatisfied with the handling of your request please contact Simon Guild, the Head of Information at Merton Council, Civic Centre, Morden, SM4 5DX or e-mail foi@merton.gov.uk

If you remain dissatisfied with the handling of your request or complaint, you have a right to appeal to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone:0303 123 1113
Website: www.ico.gov.uk (http://www.ico.gov.uk)
There is no charge for making an appeal.

Yours sincerely

I explained that I was not interested in their views on the validity of the certificates re: bus lane PCNs and asked them to process the request under FOI. This got a totally different response :

Thank you for your email below. 
 
I would like to take this opportunity to clarify our response and apologise for the lack of clarity in our original response letter to you.  We do not hold certificates for these cameras.  I am sincerely sorry this was not stated in our original response.
 
I hope this clarifies our response and explains why we can not provide you with copies of the certificates.
 
If you remain dissatisfied with the handling of your request, you can request a review by writing to:
the Head of Information Governance at Merton Council, Civic Centre, Morden, SM4 5DX or e-mail foi@merton.gov.uk
 
 
If you are dissatisfied with the handling of your complaint, you can then appeal to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 0303 123 1113 Website: www.ico.gov.uk (http://www.ico.gov.uk)
There is no charge for making an appeal.
 

In fact I don't think this matter is relevant to my particular casee (?) so don't plan to pursue further - but it does seem odd, especially when considered with the camera comments in postings above...
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 15 June, 2012, 05:18:43 AM
EA's do not require 'certification' of approved devices used for bus lane enforcement.  However they do need type approval of those devices.  This is usually satisfied by a certificate.  See the attached documents issued to adjoining authorities.  In each case you will see that there are two certificates. One for parking and underneath another one for Bus Lanes.

See also: http://www.legislation.gov.uk/uksi/2005/2756/made (http://www.legislation.gov.uk/uksi/2005/2756/made)

The Bus Lanes (Approved Devices) (England) Order 2005

Approved devices

2.  A device is an approved device for the purposes of regulations under section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) if it is of a type which falls within any of the following descriptions—

If Merton are unable to demonstrate that their cameras are type approved they will have problems satisfying adjudicators at PaTAS.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Blindowl on 15 June, 2012, 07:00:10 PM
Thanks for the input, I'll send the Wandsworth letter to Merton and ask them to confirm they are unable to provide their equivalent.

May you can answer another question on cameras - my PCN has two different time stamps printed on it - they effectively rounded up the milli seconds to nearest second. It's pedantic I know - but Merton Council are pedantic so bring the worst out in me!

If there any point in making an issue of this  - or is it reasonable. (In normal circumstances I myself would say it is reasonable - but then I would say it is reasonable to clip the end of a BL when turning left!!!)

Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 15 June, 2012, 09:50:40 PM
The Bus Lanes (Approved Devices) (England) Order 2005

THE SCHEDULE - THE SPECIFIED CRITERIA

3.  The equipment includes a recording system in which—

(c)each frame is timed (in hours, minutes and seconds), dated and sequentially numbered automatically, using a visual counter which resets to zero when the recording system is initially activated and increments for each frame;

(d)the location of the bus lane or selected area being surveyed is shown;

If there is no millisecond marker or frame numbering the footage is non-compliant.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Blindowl on 18 June, 2012, 01:50:47 PM
Well I gave them a second chance - it seems Merton do not have certificates for these cameras - is this a big problem for them ?
Merton seem to think they are not needed, seems rather a basic omission if the certificate is mandatory, but then with pretty much every exchange with Merton my opinion of their effectiveness, attention to detail and integrity is reduced further....



Dear ......,
 
sorry about this, certificates do not exist for these cameras.
 
Yours sincerely,
Rosalind Girdlestone
Freedom of Information Officer
Merton Council
020 8545 4634
www.merton.gov.uk (http://www.merton.gov.uk)

?

 

From: *@gmail.com]
Sent: 18 June 2012 10:50
To: Rosalind Girdlestone
Cc: foi
Subject: Re: FW: Your information request F0550

Rosalind

Thank you for your reply.

I would be grateful if you could please see the attached certificate (second page) from Kingston Council.

This is my third request for similar information from Merton, and I have received a different response both times, the first response being that I did not need it (!), and the second, yours, being that Merton do not "hold them".

Could you please clarify - do these documents exist, your response could be interpreted as "someone else" holds them....

If the cameras are not certified - I would appreciate your confirmation of this - if they are are, then the certificate will prove this.

The oblique responses received so far do not completely clarify the point either way...

Many Thanks
 

Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 18 June, 2012, 03:09:26 PM
Ask them on what basis they are conducting Bus Lane Enforcement without being able to produce any documentation proving that they have type approval of the cameras that they are using.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: blackadder on 18 June, 2012, 03:46:53 PM
The Bus Lanes (Approved Devices) (England) Order 2005

THE SCHEDULE - THE SPECIFIED CRITERIA

3.  The equipment includes a recording system in which—

(c)each frame is timed (in hours, minutes and seconds), dated and sequentially numbered automatically, using a visual counter which resets to zero when the recording system is initially activated and increments for each frame;

(d)the location of the bus lane or selected area being surveyed is shown;

If there is no millisecond marker or frame numbering the footage is non-compliant.


Quote
CCTV Camera Requirements

 

In England Outside London

These are enforced under the Transport Act 2000 and need to be approved devices. The Bus Lanes (Approved Devices) (England) Order 2005

 

In London

These are enforced under the London Local Authorities Act 1996 (amended 2000) There is no requirement for the specific camera to be approved. All that is required is that it is a "prescribed device" as per the Road Traffic Offenders Act 1988 which defines a prescribed device as "a camera designed or adapted to record the presence of a vehicle on an area of road which is a bus lane or route for use by buses only."


http://www.ticketfighter.co.uk/bus.htm#cctv (http://www.ticketfighter.co.uk/bus.htm#cctv)
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 18 June, 2012, 04:42:12 PM
Bus Lanes in London are enforced variously under the following legislation: Road Traffic Regulation Act 1984 (as amended). London Local Authorities Act 1996 (as amended). London Local Authorities and Transport for London Act 2003. Transport Act 2000.

The The Bus Lanes (Approved Devices) (England) Order 2005 is the legislation under which the devices used require approval for lawful use.

The 2005 order states:

Approved devices

2.  A device is an approved device for the purposes of regulations under section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) if it is of a type which falls within any of the following descriptions—

(c)a device that does not meet the criteria referred to in paragraph (b) but which was used before the coming into force of this Order for the purpose of bus lane enforcement under Part II (bus lanes) of the London Local Authorities Act 1996(3).

London Local Authorities Act 1996

“prescribed device” means a device prescribed under section 20(9) of the [1988 c. 53.] Road Traffic Offenders Act 1988 or a device of a description specified in regulations made for the purposes of this section by the Secretary of State;

Road Traffic Offenders Act 1988

[20  F1 Speeding offences etc: admissibility of certain evidence.

[F2 (f) an offence under Part I or II of the Road Traffic Regulation Act 1984 of contravening or failing to comply with an order or regulations made under either of those Parts relating to the use of an area of road which is described as a bus lane or a route for use by buses only.]

(9)In this section “prescribed device” means device of a description specified in an order made by the Secretary of State.

London Council's Code of Practice for Operation of CCTV Enforcement Cameras

Bus Lanes

2.3.12   Unlike Parking Enforcement, there is no requirement for an approved device under London Local Authorities Act 1996. The 1996 Act requires that the equipment be a prescribed device, described in the Road Traffic Offenders Act 1988 (as amended) as:

"a camera designed or adapted to record the presence of a vehicle on an area of road which is a bus lane or route for use by buses only." (See the above under RTOA 1988).

It is therefore the responsibility of each enforcing authority to ensure that the equipment they use fits within the description of the 1988 Act.

2.3.13   If bus lane enforcement is being performed under the Transport Act 2000 then an approved device is required. Approval is similar to that for parking enforcement except that the system must additionally comply with the Bus Lanes (Approved Devices) (England) Order 2005.

2.3.14   Authorities should also be mindful of the possibility for harmonisation of legislation under the Traffic Management Act when specifying camera systems for bus lanes.


Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: The Phoenix on 05 July, 2012, 11:20:10 PM
Courtesy of Blindowl.  A recent decision:

Paragraph 21 of the Schedule to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, as applicable

Case Reference:   2120242378
Appellant:   Mr Robert Lester
Authority:   Merton
VRM:   T518CRW
PCN:   MT40965561
Contravention Date:   17 Dec 2011
Contravention Time:   17:34
Contravention Location:   Hartfield Road
Penalty Amount:   £130.00
Contravention:   Being in a bus lane
Decision Date:   14 Jun 2012
Adjudicator:   Anthony Chan
Appeal Decision:   Allowed

Direction:   cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons:   The Appellant was unable to attend the hearing due to work commitment. Mr Peter Realf attended on his behalf. Also in attendance was Miss Maria Realf, the Appellant's wife and a witness in this appeal.

Mr Realf made various submissions surrounding   the signage. The most pertinent, on which my decision to allow the appeal is based is as follows. The Appellant accepted that he moved into the bus lane after a junction to a side road. He said that he did not see a sign and thought that the bus lane had ended before the junction.

The main indicator that the bus lane resumed after this junction was a sign to diagram 961 of the Traffic Signs Regulations and General Directions 2002. Mr Realf argued with some force that it should have been a sign to diagram 958 but more importantly, Mr Realf said that the sign was prone to turn so that it does not face on-coming traffic. Mr Realf made a Freedom Of Information Act request and discovered that the sign in question had been knocked out of position several times and had to be re-positioned. Miss Realf has produced photographs taken at various times when the sign was out of position. Mr Realf said that the Authority had accepted that several thousand of PCNs had been issued for the same contravention at the location over a period of a few months.

The Authority pointed out that that the CCTV recording showed that the sign was in place and facing the correct way when the Appellant entered the bus lane. It did not do that. It showed. One cannot tell where the sign was facing when the Appellant entered the bus lane. It was too dark. I accept that there was some evidence that the sign was facing the correct direction   about an hour before the alleged contravention. Against that is the Appellant assertion that he was not able to see the sign.

It is up to the Authority to prove that the sign was facing the correct way when the Appellant entered the bus lane. I am not satisfied that this was the case. I am allowing the appeal.
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Blindowl on 06 July, 2012, 10:52:37 AM
I had a great day out in London yesterday - visiting a certain organisation housed above The Angel tube station. Their response can be seen in the link on the last post of:

http://forums.pepipoo.com/index.php?showtopic=69168&st=80&gopid=715061&#entry715061 (http://forums.pepipoo.com/index.php?showtopic=69168&st=80&gopid=715061&#entry715061)

I do feel somewhat aggrieved that Merton Council put me though so much trouble by issuing a bogus PCN - and there is no come back for them.

(and the fact the Merton issued 1000s of PCNs to other motorists which should have been cancelled on the same grounds)

But hey, they lost, I won - justice prevailed, so excellent result
Title: Re: TMO 'Typo' May Lead to Bus Lane Refunds in Merton.
Post by: Nigel W on 06 July, 2012, 12:16:27 PM
 :aplude: :aplude:  Very well done Blindowl.

Register Kept Under Regulation 20 of the Road Traffic (Parking Adjudicators)(London) Regulations 1993, as amended or Paragraph 21 of the Schedule to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, as applicable

Case Reference:   2120281653
Authority:   Merton
PCN:   MT55023167
Contravention Date:   23 Feb 2012
Contravention Time:   18:19
Contravention Location:   Hartfield Road
Penalty Amount:   £130.00
Contravention:   Being in a bus lane
Decision Date:   05 Jul 2012
Adjudicator:   John Hamilton
Appeal Decision:   Allowed
Direction:   cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons:   It is for the enforcing authority (the Authority) to prove a contravention has occurred on the balance of probabilities. An appellant does not have to prove anything. However if the authority produces sufficient evidence to support its allegation and an appellant then makes factual assertions that it is said show a contravention did not occur, there will normally be a need for the appellant to provide credible evidence in support of those assertions. The law is clear that it is the responsibility of motorists to ensure they are aware of the restriction that operate in the areas they chose to drive and park.

My power to allow appeals is limited. I can only allow an appeal if the enforcing authority has acted illegally or failed to follow proper procedures. I cannot allow an appeal if the authority has acted within the law but I feel it has acted harshly, have sympathy for the motorist or because I would have given more weight to the mitigating circumstances put forward by a motorist. Where a contravention has occurred but the motorist asks that it should not be enforced because of difficult or unfortunate circumstances relating to the contravention or his or her personal circumstances, only the Authority has the power to accept the motorist's mitigation and cancel the parking or other traffic penalty. Again, the law is clear, if the Authority rejects the motorist's mitigation, I have no power to interfere with that decision.

The appellant attended the appeal gave evidence and made representations.

The Authority relies on the CCTV footage which shows the appellant's vehicle enter the second part of a bus lane in Hartfield Road. A Penalty Charge Notice/Notice to Owner was subsequently issued.

The appellant agreed that his vehicle had entered the bus lane. He said that he had come to what he believed to be the end of the bus lane and followed an arrow in the road that indicated he was able to move over to the left. He had intended to turn left into a side road. However he realised this was not the road he wanted and decided to continue further down the road and take the next turning on the left. He said that he was faced with a split second decision and that it was not clear to him if the bus lane continued past the junction or not. There was no sign he could see indicating the bus lane continued. He continued down the road but then realised that the bus lane must still be continuing because no other vehicles were in the road and another arrow in the road ahead indicating a left turn appeared to indicate the end of a bus lane. He tried to get out of the bus lane but was prevented from doing this by the oncoming traffic. As the distance to the next turning was only about 100 yards he took that turning. He was in the bus lane for a matter of seconds and not causing any obstruction.

He raised a large number of points many of them technical in nature relating to the alleged contravention, the nature of the Authority's signage and the general conduct of the Authority. Most of these arguments did not in my view show the Authority had acted unlawfully or was unable to enforce the PCN. However, he produced photographs showing that the sign indicating the bus lane continued after the junction was twisted so that it was facing away from the road and clearly would not have been easily visible in daylight let alone at night. He produced another photograph taken some time later showing the Authority had rectified this problem and straightened the sign.

I had the benefit of viewing the CCTV footage although the Authority appears to use some sort of format which make sit problematic playing the DVD on the Tribunal's equipment. The footage fully supported the appellant's account and appears to show the twisted sign.

The appellant also produced a decision by Mr. Adjudicator Chan (2120242378) where an appeal was allowed in what appeared to be identical circumstances at the same location. This decision is not binding on me but I take the opinion of Mr. Chan seriously.

Having looked at the CCTV, I am not satisfied the Authority has shown the sign indicating the bus lane continued after the junction was sufficiently clear. I note that there are road markings but they alone are not in my view enough.  Bus lanes that continue after junctions are difficult for motorist and it is important that there is adequate signage in place. In this case I have found that at the time in question such signage was not in place and the Authority have therefore not shown a contravention occurred.

I am not satisfied the Authority has shown it is entitled to enforce the PCN against the appellant.