Driving in a bus lane

MaggieBaking

Hi all, it's my car and my husband was driving it a couple of weeks ago and we've been sent a letter from the City Council asking us to pay a £30 fine for driving in a bus lane.

They've got clear photographs and which reminded my husband of the reason why he was in the bus lane. It's a 3 lane road (2 lanes going our way) and there was a Road Sweeper lorry in the middle lane doing it's business going 3-5 miles per hour and my husband undertook him.

We're happy to pay the fine if necessary but obviously I do think the circumstances are explainable - although how good is it to admit to "undertaking"? It's clear to see in the photos that the road is clear, there's another car behind ours following us (sorry car!).

What do you think? Should we pay or dispute it?

esmerobbo

You cant dispute entering the bus lane, if it was in force. Even with the slow moving vehicle they would simply say your husband should have waited until he could pass on the right.

However all is not lost go over to http://forums.pepipoo.com/index.php?showforum=30 post up both sides of the notice. Lots of these notices are flawed, if yours is the guys over there will point you in the right direction.

maninthestreet

If the sweeper lorry was in the middle lane, and there was an outside line, why 'undertake' in the inside lane?

MaggieBaking

Sorry, it was a 3 lane - one going the other way, 2 going the way my husband was driving.

Thanks for the advice esmerobbo, as it's the council I'd prefer to pay it than contest it on a technicality. I just wondered if there was any point in explaining why.

MaggieBaking

Just to update, I rang the council Objection number and spoke to a nice man who advised that our scenario is worth a dispute - once they receive the objection they will review the footage to see how long my husband is in the bus lane for - if it is clear he's just getting round the vehicle then we could be in luck.

They seemed to be very reasonable about it, and although there are no guarantees it's nice to know they can have a practical and fair attitude. If we still need to pay it then I'm happy with that - I was just worried about Objecting and finding the price has doubled.

esmerobbo

Good luck, its worth a shot!

sarahg1969

OP - it's important that you save the envelope (go and dig it out of the bin!). A lot of councils very naughtily post their PCNs the days after the date of service that they've put on the PCN.

And get over to pepipoo.

MaggieBaking

No date stamp on the envelope weirdly. Letter was dated on the 18th, got it on the 19th anyway.

Coupon-mad

Post on pepipoo if you want your appeal to have any legs.

MaggieBaking

Thanks for the tips about Pepipoo Have posted on there a couple of days ago but no response yet

http://forums.pepipoo.com/index.php?showtopic=63514

RENEGADE_2

Sorry if this information coming from me is pedantic or unhelpful. I just wanted to say that the action is not quite called what you have all named it! It is known as "overtaking from the inside" which in turn is a breach of highway code, bus or normal lane. The other thing is what funeral directors do!

Of course, if it is merely presenting an antonym of one of the two morphemes that compose the word "overtake", why not change the second part. I was "overgiving"!!! Over as a preposition has nothing to do with it. It's still overtaking when you pass a person moving in the same direction, but simply from the inside and not outside!

To prove my good faith, I wish you luck in the appeal but don't hold your breath as authorities have the right to pursue these claims and the evidence is photographic. I hope there can be some technicality in your favour.