Bus Lane - You should have crashed

changlyn8

Due to a vehicle stopping suddenly I swerved to the left and into a bus lane to avoid a collision and the possibility of injuring myself and the 2 children accompanying me.

Much later I received a notice from the Transport for London about my car being caught on camera driving in a bau lane I wrote to the office and explained what had happened.

However, according to the Traffice Enforcement Notice this is STILL no reason to move into a bus lane during operation times. So in effect the company is saying that I should have taken my chances and CRASHED INTO the car in front. The department has given me 28 days to pay £50.00 or wait until the fine is £100 and then write in an appeal.

As someone is is unemployed this is devastating as I certainly do not have the funds and I am seriously thinking that why have an appeals department when they never bother to actually CHANGE there minds and actually look at there so called video camera to see that someone is telling the truth.

Can I offer them something like £2.50 a week and they have to accept it or if I appeal again what normally happens do I get to vioce my case personnally.

Many thanks to all who reply.

Rikki

If they have a picture of you in the bus lane surely they can also see the car you had the near miss with.
Can they provide you with a picture?

Tallymanjohn

I don't think you'd win an appeal as they would just say that you were driving too fast and/or too close if you had to swerve. If the bus lane hadn't been there & you'd had a smash, it would have been your fault for the same reasons.

As far as the fine is concerned, as long as you haven't been in trouble with them before, your best bet is to contact them with your offer as soon as possible & see what they say.

DrFluffy

Tallymanjohn wrote:

I don't think you'd win an appeal as they would just say that you were driving too fast and/or too close if you had to swerve. If the bus lane hadn't been there & you'd had a smash, it would have been your fault for the same reasons.

I was just thinking the same thing...

hjb123

You could always request the photographic proof and check what it shows, though as the previous poster says I dont think that you will have much luck as they will say that you were driving too fast or close - you are always meant to drive 2 seconds apart or gap big enough to be able to stop in in case of emergency

Crabman

When I was doing my Advanced Driving course, we were taught to always look for escape routes in order to avoid an accident.

This is similar advice that's given to ALL police drivers, whether in panda cars or traffic vehicles.

So how a different governement department [TFL] can then turn around and say you should not have used the bus lane as an escape route is absolutely shocking.

Admittedly we don't know why you would have crashed - even though a vehicle stopped in front, you should still have been paying attention to the road ahead. I know this may be tricky with two little people in your car but I guess this could be a lesson for you to drive with extra care. Always make sure you can stop safely within the distance you can see to be clear, and when stopping always leave enough space so you can see the tyres and a bit of tarmac between you and the car in front. Ideally 2-3 feet should suffice

Good luck with the appeal and a word of advice - even if you offer £1 a week they'd have to accept it otherwise it wouldn't stand in court if they refuse your payment

geo555

You are entitled to view the record of the contravention free of charge at the offices of the issuing authority or for a fee they will send you a copy of the tape.
How long after the offence did they send you Penalty Charge Notice? It should be sent no longer than 14 days after the event.
The fines are set at a level so most people will pay rather than have the hassle of appealing against it.

Astaroth

Have you seen the photo? Does it actually show the prior incident?

The majority of these types of cameras are simply snap shots and so will not have picked up the incident.

Unfortunately you will find the majority of people will have an excuse of why they HAD to go into the bus lane and therefore shouldnt pay the fine. I am not saying that your incident wasnt real but given that 99% of people who claim this are probably making it up then it is understandable why they dont simply waive the fee every time someone makes this sort of claim.

You didnt actually say what the near miss was either - was it a case of being unable to break in time? If it was then there is the strong arguement that you were driving to fast for the road conditions, driving without due care, failing to leave sufficient breaking distance etc etc and therefore it is your own fault that evasive action was required and this has landed you the fine.

alanrowell

Crabman wrote:

When I was doing my Advanced Driving course, we were taught to always look for escape routes in order to avoid an accident.

So you'd drive closer to the car in front because there's an "escape route" - and what happens if that "escape route" disappears just when you need it?

suffolkb

From your description it really does sound as though you were too close to the person in front.You are lucky that it wasn`t witnessed as you were not driving with `due care and attention` or whatever the phrase is.You should pay the fine.

Murtle

alanrowell wrote:

So you'd drive closer to the car in front because there's an "escape route" - and what happens if that "escape route" disappears just when you need it?

knowing there is an escape route wouldn't make the average person drive closer to the car infront, just prepares you for any incidents that may occur