Bus lane fines in question as Norwich council loses tribunal

Thousands of motorists who have received fines for driving through a
controversial “bus gate” in the centre of Norwich could be due refunds
after yet another driver successfully challenged the enforcement process.

The bus gate at the junction of Grove Road and Brazengate, near Sainsbury's
on Queens Road, only operates for two hours each morning but generated
£150,000 in fines in just eight months after its installation in 2019.

But at the latest tribunal, the council offered no defence to motorist Ian
Bisset’s insistence the junction does not conform to the Highway Code -
raising questions over the legitimacy of all its fines.

The council says it is reviewing the outcome of the appeal to see if
further action is required, but insisted the signage was installed in line
with legislation and that it has successfully contested appeals at the
location before.

On July 14 at 8.21am, retired chartered surveyor Mr Bisset, from Ipswich,
got caught by the bus lane camera while visiting his son in Norwich, and a
week later received a letter informing him he owed a £70 fine.

He wrote to the council enclosing a cheque but argued his fine was not
legitimate because the road signage was not compliant with the highway
code, the road markings were too faint, and the signage was vague and
poorly situated.

After an exchange of letters, he took the local authority to a traffic
penalty tribunal and won.

The council did not even contest the appeal, citing its own “procedural
impropriety” in not having answered Mr Bisset's questions in their exchange
prior to the tribunal.

But Mr Bisset said: "My questions were legitimate criticisms so the only
conclusion you can come to is that they don't have any answers to them - it
looks a bit embarrassing for them to be honest.

"It looks like they know the system is wrong but aren't prepared to do
anything about it, just carry on handing out fines and hope people don't
challenge them.

"I think everyone who's had a fine there should challenge it."

More than half of those who contest a fine relating to the Grove Road "bus
gate" - which is only in effect between 7.30am and 9.30am - win their
appeal.

In December 2020 figures obtained by this newspaper under Freedom of
Information legislation revealed that in the previous 12 months the camera
at Brazengate issued 5,377 fines, prompting 528 appeals, 281 of which were
cancelled as a result.

Mr Bisset has not had a refund from the council, despite winning his appeal
in August.

He added: "There's an illuminated sign but it's only in action at that time
in the morning - by the time it’s illuminated it’s too late, you’re done.

“I’ve had no refund or apology, I think they’ve totally ignored the issue.”

Norfolk County Council delegates powers to enforce the bus gates to Norwich
City Council.

Council bosses have explained if they did not enforce the bus lane it would
fall to Norfolk police, taking resources from other duties. They have said
income from enforcement is used to run the service and any surplus is
reinvested in highways and transport schemes.

A Norfolk County Council spokesman said: “Norfolk County Council, who are
the highway authority, works closely with Norwich City Council, who enforce
the Brazengate bus gate, and have successfully defended tribunal hearings
at this location in the past.

“The signage is installed following national guidelines and legislation,
but both councils will be reviewing the outcome of the latest appeal to
determine if any further action is required.”

<https://www.edp24.co.uk/news/23107240.bus-lane-fines-question-norwich-council-loses-tribunal/>

--
Spike