How I won appeal over bus gate fine

I received a penalty charge notice for £60 from Bath and North East Somerset Council for using Milsom Street on 11 February between 10am and 6pm.

I successfully appealed that decision to the Traffic Penalty Tribunal and any readers who have paid, or are about to pay, such a penalty charge in the same circumstances may be interested to learn the basis for my success.

As we know, the council’s rationale for restricting the use of Milsom Street to buses during the above hours was to create more space for pedestrians and cyclists in busy locations, to enjoy the health and environmental benefits of a trafficfree zone.

The Adjudicator referred to the case of R v Bus Lane Adjudicator ex parte Nottingham [2017] EHWC 430 (Admin) which held that section 144 of the Transport Act 2000 (which is the law relied upon by B&NES) cannot be used for bus lane enforcement in respect of an intended pedestrian zone.

He concluded that bus lane enforcement powers are not currently available to B&NES.

Your readers should be aware that the government is legislating to provide councils with the power to enforce a range of moving traffic offences, including bus lane contravention, and this is expected to apply from December.

In the meantime, may I suggest all motorists who are currently facing a penalty charge appeal it, and those who have paid contact B&NES and seek reimbursement, on the above grounds.

On the assumption that local councils do not knowingly act unlawfully, may I also invite a spokesperson for the council to use your publication to confirm they will no longer issue penalty charge notices until Parliament has conferred upon them the lawful power to do so?

Jonathan Lewis

Bath