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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64982
Experience:  Over 5 years in practice.
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Hi, My son named rider of a motorcycle I own, rode in a bus

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Hi, My son named rider of a motorcycle I own, rode in a bus during a period when in operation and I have been issued with a PCN (penalty charge notice). I appealed even though it is clear the motorcycle is to the left of the solid white line. The reason I appealed the charge was due to Rola indicating to me that a motorist had almost driven into the back of the "bike", at the intersection and that he was concerned for his safety and a "little rattled". The council have issued a standard letter and indicated that, "... they do not provide sufficient justification to cancel the Penalty Charge Notice." There are a number of mistakes (1) "Motorists are not allowed to use a bus lane even if a bus was not using the lane at the time." - he was a motorcyclist. (2) "Drivers are not permitted to drive in a bus lane during its period of operation." - he was a rider, riding a motor bike in the bus lane. (3) It is illegal for motorists other than buses to drive or stop in a bus lane during its operational hours." - Taxi's and bicycles use bus lanes and while not being a bus nor is a motor bike. There are a few more discrepancies of a similar nature. It appears that they have not even taken the time to read my appeal and not bothered to issue at the very least a response suited to the implied charge. I believe that they may have been a the very least, negligent it their response. Please let me know what would be the most suitable method to correct this.

Many thanks, XXXXX XXXXX appreciated.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

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

I'm really sorry but I don't understand your question? I'm very sorry if I' missing the point.

What is your defence? You seem to accept that he was in a bus lane.
Customer: replied 1 year ago.

yes, that is correct, however we believe my son had justifiable cause due to almost being 'rear-ended' by a motorist, a short while prior to the bus lane contravention.


 


It appears as if no consideration has been given and their response has numerous erroneous claims regarding the law and its application. The signage is also not suited to motorcyclist and it is quite dangerous for a cyclist of any form in london to be looking at up high level while crossing a busy intersection at at time and particularly during rush hour. This last has been mentioned due to the nature of riding being entirely different to driving.


 


I believe that they may be negligent and want to stop what comes across as abuse with pound notes the only motive. I would like to consider taking them to court because the law should be applied with suitable aptitude and be technically correct, which it does not appear to be.


 


Thank you, regards,


Roland

Expert:  Jo C. replied 1 year ago.
Thanks.

Were there signs up allowing motorcyclists in the bus lane?
Customer: replied 1 year ago.

No, not this one. The sign is just past the intersection at high level.

Expert:  Jo C. replied 1 year ago.
And did that sign allow or disallow motorcyclists in the bus lane?
Customer: replied 1 year ago.

No, it did not do either.

Expert:  Jo C. replied 1 year ago.
Sorry if I'm missing the point but what is the defence here? The signs plainly prohibit motorcyclists being in a bus lane?
Customer: replied 1 year ago.

That is correct if you happen to be walking past the sign or driving past as a passenger. He was neither. He had had a viable reason to be concerned and ride


defensively hence his move to the left of the path taken by the motorist. The letter sent is also not factually correct so I'm at a loss to understand how the law applies to one and not the another. Does the Council not have a duty of care when applying the law. Just because the signage is present does not imply that all road users have a reasonably opportunity to view safely, as on a motorcycle.


 

Expert:  Jo C. replied 1 year ago.
I see.

I'm really sorry but you do not have a defence.

It is for the motorist to read road signs I'm afraid regardless of his circumstances or ability.

You can always put them to prove on their signs and something they do fail to prepare the papers for appeal.

However, proceeding on the basis that they do prepare properly and submit the fine to adjudication, you will lose.

You are trying to rely on facts that don't amount to a defence.

I'm very sorry.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64982
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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