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Nottingham Post
Nottingham Post
National
Phoebe Ram

Bus lane raking in thousands in fines every month - but this man has hit back

A bus lane in a Nottinghamshire town has been raking in thousands of pounds every month since it was introduced just over two years ago.

The Watnall Road bus lane, in Hucknall, was brought in as part of an improvement scheme in the town centre - but has been catching out unsuspecting motorists.

Between the bus lane opening and March 1 2019, Nottinghamshire County Council has handed out nearly 3,000 penalty charge notices (PCN), to drivers using the Watnall Road bus link.

Of the 2,917 fines handed out, 2,633 have been paid. If done so within 14 days, the fine is £30, but failure to make that deadline means it goes up to £60.

These figures show that on average, the bus lane has been making between £3,000 and £6,000 a month in paid fines.

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One driver who was caught driving in the bus lane in January this year, received a fine the same month, but successfully appealed the decision out of 'principle'.

Daniel Bridgett, of Rise Park, claimed that the road signs leading up to the bus lane were not clear enough.

The 43-year-old took pictures to use as evidence that the road signs for the bus lane were either misleading or obstructed from view.

Despite being rejected by the council, an independent lawyer agreed with the quality manager, and the decision to fine Mr Bridgett was overturned.

The sign notifying drivers it is a bus lane is obscured by the Peacocks sign. (Joseph Raynor/ Nottingham Post)

Mr Bridgett said: "Along High Street, there is nothing to indicate there is no right turn, or that there is a bus lane.

"The blue bus signs are not actually both visible if you're travelling in either direction, because they're blocked by other signs or traffic lights."

Mr Bridgett added: "I went into [the appeal] feeling quite confident, I've been driving a long time with an unblemished record. 

"My recommendations would be that the signs should state there is no left/right turn depending which way you're coming from towards the bus lane. 

"The case took me days to put together and my family and colleagues thought I was mad but it's not the money - it's the principle.

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"It felt good and it felt like the adjudicator was on my side as soon as I presented the evidence."

Mr Bridgett said: "I was shocked initially - I know £30 might not seem like a lot, but I was determined to prove the decision was wrong.

"When the council rejected my appeal, I decided to take it to the next stage."

After an appeal is rejected, drivers must either pay the fine, or continue the process at the Traffic Penalty Tribunal, with an independent adjudicator.

Mr Bridgett added: "By this point the original £30 fine was off the table as the time had exceeded 14 days.

A view of the bus gate off High Street in Hucknall, where only one of the blue signs is clearly visible. (Joseph Raynor/ Nottingham Post)

"If I was to fail in court, I was told that the charge could go up to £90 and I could possibly incur court costs.

"I think the incentive is to make people give up."

Adjudicators are impartial lawyers who work independently on appeals, and will analyse evidence and can direct the council to cancel the PCN.

Armed with six pages of evidence, Mr Bridgett represented himself during a conference call with the council and the adjudicator.

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"I was told their decision would be final," Mr Bridgett said.

"I had to set up my computer ready to present my evidence, and simultaneously take the call.

"For me, being quite IT literate, this was fine, but I would think there would be many people that may not have these skills."

A sign in Watnall Road, Hucknall directs traffic to the right (Joseph Raynor/ Nottingham Post)

To Mr Bridgett's relief, the adjudicator decided to overturn his fine, agreeing the signage was not clear enough.

Where a driver feels a PCN has been incorrectly given, the decision can be challenged by sending an appeal to the council.

There were 463 appeals during the same time period, but only 78 of these were successful in winning their case.

Gareth Johnson, enforcement manager for Nottinghamshire County Council, said: “The Watnall Road bus link was a key part of the Hucknall town centre improvements and intended as a bus-only lane.

"The entrance is surfaced in a contrasting road surface, with both regulatory signs and warning signs on all approaches, so it is clearly signed.

"With 6,000 vehicles a day using this junction, an annual average of 2 million, the incidences of drivers using the bus lane is extremely low, which strongly suggests that the majority of drivers are aware that it’s a bus-only lane.

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"We regularly review bus lane-only signage, but we are of course of happy to listen to feedback on any enforcement issues.

"Nottinghamshire Council County’s appeals process follows national legislation. Bus lane contraventions are issued at £60 initially although the recipient has the option to reduce this to £30 if it is paid within 14 days.

"The process for appealing is made as simple as possible. We offer online forms, email or via post.

"The option to appeal to the Traffic Penalty Tribunal is available if the local authority rejects the appeal and this is at no extra cost to the person appealing the fine .

"All income from bus lane Penalty Charge Notices is used to support the enforcement service. By law, any surplus must be spent on highway or transport improvements.”

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