Penalty charge. Should I appeal?

Soldato
Joined
13 Feb 2012
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5,761
When I was driving, the vehicle ahead of me indicated right and stopped to park in a space that was going to become available. Rather than stopping behind the car I over took it be manoeuvring to the left into a bus lane and returned back in lane. The cars being be made tge same manoeuvre as I did.
I received a pcn for entering the bus lane. I appealed stating that I only entered the lane to overtake. The council upheld their decision.
Should I refuse to pay and ask for a decision to be made by an independent arbitrator?
I feel fed-up and may just pay the £65 discounted fine.
So you undertook the car by using the bus lane?

Pretty much slam dunk, pay your fine and move on. No way you're winning that one.
 
Soldato
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Surely a stopped, waiting car counts as a 'blockage or obstruction', in which case using the bus lane is allowed, per the highway code

Maybe request the footage (if possible?)and assess how much it looks like the car in front really was looking like an obstruction before deciding on further action.
I doubt it. a blockage/obstruction would be a broken-down/immobile vehicle, not one temporarily waiting to do a manoeuvre.
 
Soldato
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Woolyback Country
Surely a stopped, waiting car counts as a 'blockage or obstruction', in which case using the bus lane is allowed, per the highway code

Maybe request the footage (if possible?)and assess how much it looks like the car in front really was looking like an obstruction before deciding on further action.
I agree Request footage
At the very least it will cost the council time and money to give it to you so it won`t feel like you are getting a fine but more like paying for holiday snaps/movies :D
 
Associate
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1 Apr 2019
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You're not going to win an appeal because you wouldn't wait a minute for a car in front of you to move. Would you bump up onto a pavement to do the same thing?

Was the PCN served in time? It must arrive with the RK within a certain time frame (28 days I think for a PCN?), if it is late then you can appeal based on that alone.
 
Soldato
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Oldham
My understanding on overtaking is that if you are in danger of colliding with another vehicle then you're allowed to break the law by going over the speed limit to get past that situation.

But in this case it doesn't seem you can argue you was in imminent danger.

So I'd say you'd lose the case. The bus lane cameras get a lot of people. I'd just pay it, move on, and take it as a life lesson.
 
Soldato
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No longer riding an Italian
When I was driving, the vehicle ahead of me indicated right and stopped to park in a space that was going to become available. Rather than stopping behind the car I over took it be manoeuvring to the left into a bus lane and returned back in lane. The cars being be made tge same manoeuvre as I did.
I received a pcn for entering the bus lane. I appealed stating that I only entered the lane to overtake. The council upheld their decision.
Should I refuse to pay and ask for a decision to be made by an independent arbitrator?
I feel fed-up and may just pay the £65 discounted fine.

So you undertook (well, passed on the left at least) - a quick-n-dirty Google search suggests the highway code's stance is:

Overtaking on the nearside (left) is legally acceptable if you are driving on a multi-lane carriageway in congested conditions, and the lane to the left is moving at a faster speed than lanes to the right. In these circumstances overtaking on the left is permissible although extra caution is needed for an awareness of other vehicles moving to the faster lane on the left.

It is also permissible to overtake on the left if the vehicle in front is signalling to turn right. Overtaking on the left in these circumstances although permissible is subject to road markings and signs that may suggest otherwise.

I'm guessing that the second paragraph is applicable in your situation, though the "subject to road markings" is probably the reason why they won't budge on the ticket - as they have you by the danglies.
 
Soldato
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30 Jul 2005
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19,358
Location
Midlands
I didnt move from a red light when an ambulance was behind me with all sirens flashing and horning. And this particular set of lights tends to take their time.
Got evil stares from ambulance driver when lights turned green and i moved forwards then parked on the left for him to pass.
I read a few days earlier that someone jumped a red light for an ambulance and got a fine so im not going down that route.
 
Underboss
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20 Oct 2002
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Oxfordshire / Bucks
I didnt move from a red light when an ambulance was behind me with all sirens flashing and horning. And this particular set of lights tends to take their time.
Got evil stares from ambulance driver when lights turned green and i moved forwards then parked on the left for him to pass.
I read a few days earlier that someone jumped a red light for an ambulance and got a fine so im not going down that route.

but, you then appeal it, because ambulance have black boxes, and know when it was "on an emergency call" so you shouldn't have to pay as you were getting out of the way for an emergency vehicle

check your Highway code

EDIT//

im completely wrong

Remember: Emergency vehicle drivers are specially trained and have exemptions to the law that you don't have, so you must not go through red lights or speed to allow them to pass.

https://www.north-wales.police.uk/advice-and-support/safer-roads/emergency-vehicles


EDIT 2///


Highwaycode :
Emergency and Incident Support vehicles. You should look and listen for ambulances, fire engines, police, doctors or other emergency vehicles using flashing blue, red or green lights and sirens or flashing headlights, or Highways Agency Traffic Officer and Incident Support vehicles using flashing amber lights. When one approaches do not panic. Consider the route of such a vehicle and take appropriate action to let it pass, while complying with all traffic signs. If necessary, pull to the side of the road and stop, but try to avoid stopping before the brow of a hill, a bend or narrow section of road. Do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Do not brake harshly on approach to a junction or roundabout, as a following vehicle may not have the same view as you.
 
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Soldato
Joined
22 Nov 2006
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23,301
I'm sure I remember reading in the highway code years ago that you COULD go through if you were blocking the way, did they change it? :/

Oh well, it's only life or death (for someone else). Can't have common sense coming in to it...
 
Underboss
Joined
20 Oct 2002
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32,239
Location
Oxfordshire / Bucks
@ OP

Do you have a dashcam ?
i ask because if i watched the video, i could say one thing, and not another, IF he was waiting whilst another car was coming out, pay the fine
IF the other car was just "waiting" and "waiting" and "waiting" so blocking the road, then appeal it, ask for footage
 
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