Monday 5 December 2011

When Is An 'Illegal Road Marking' Not An 'Illegal Road Marking'?

A total of 15,359 drivers were fined up to £120 after being caught in the bus lane in Eden Street, Kingston, after it was introduced on July 13, 2009.
In August, an adjudicator at the parking and traffic appeals service overturned a fine incurred on October 3, 2010, because he was not satisfied the bus lane signage was lawful.
And so the council had to make changes and all motorists will get their fines refunded, right?

Wrong:
However, the authority came in for heavy criticism after stating it “does not consider there is any reason to provide refunds for bus lane penalties issued” before the changes.
Wha...?
Barrie Segal, founder of the AppealNow.com, said: “These sort of actions reinforce motorists’ view that council enforcement is all about money and that fairness is something that applies to other people not councils.
“The council’s refusal to refund motorists misled by their illegal and confusing signage demonstrates an astonishing arrogance."
Well, quite! After all, it was their own appeals service that made the ruling, not some third party, so how can they ignore it?
A council spokesman said: “As soon as the council became aware there were concerns about the bus lane road markings as a result of an appeal outcome, it immediately sought advice from the Department for Transport (DfT).
“Although the council was advised the road markings were legal, the DfT made recommendations for how they could be improved to provide further clarity to motorists.
“The council has received formal authorisation to the changes and we do not expect there to be any further uncertainty about the bus lane enforcement in Eden Street.”
So, it sounds as if they should either have not refunded the first motorist, or agreed to refund all the others, since it can't be a both refundable and non-refundable error?

Truly, it's Schrödinger's Road Marking!

5 comments:

banned said...

Those fined should take legal action using as evidence the good folk of Devon who have succeeded against similar unlawful signage

parking fines quashed, unlawful signage

There was another case when a motorist got his money back after he proved that the zebra crossing markings were not zig-zag but zag-zig!

Anonymouslemming said...

Councils truly are the enemy of the people.

One wheel on my wagon said...

I was once fined for part of one car wheel crossing a solid white line, and thus offending the whole city where it happened. While the road was empty at the time I can see the council's point here: there was the possibility of a bus coming along and using the lane and though I had obviously moved on a split second later and all wheels were on the permitted part of the road, a bus driver and ten passengers (some paying) may have been distressed.

Fining me thirty quid obviously no doubt made all buss passengers everywhere feel safer, happier and more grateful.

When NuLiebore gave councils the power to become the enemy of the people who pay their wages and contribute to their pensions, something dark and fearful took root in this country...

Captain Haddock said...

@ One wheel on my wagon ..

Absolutely & its high time they were brought sharply to heel & reminded just who works for whom ..

JuliaM said...

"Councils truly are the enemy of the people."

They certainly aren't its servants...

"When NuLiebore gave councils the power to become the enemy of the people who pay their wages and contribute to their pensions, something dark and fearful took root in this country..."

Indeed!

"...its high time they were brought sharply to heel & reminded just who works for whom .."

And that's a task well beyond Eric Pickles.