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Two bus lane offence at the same time and date on the same stretch of road: will the Fixed Penalty Unit treat them as a single offence?
I have just received two penalty charge notices for driving in a bus lane. They both apply for the same stretch of road but I was caught by 2 different cameras over the space of a mile. The stretch is split by a crossroads and was not a continuous bus lane. I recall turning into the left lane at a set of traffic lights due to a stalled car in front of me. This is where I believe I might have received my first fine. As I continued driving and then realised that I would be turning left shortly so I stayed in the same lane The time that the incident occurred according to both PCNs are the exact same time (9.12am) on the same day. With this in mind my questions are: Should I contest at least one of these PCNs as essentially charging me twice for the same offence? What are the guidelines for checking that the cameras and bus lanes were clearly sign posted? I have driven past there today and noticed the signposts for bus cameras in operation and the timings of them . However I have to say that the road markings of the bus lane is certainly not clear and in fact have faded away quite dramatically. I appreciate any advice on this or what my next steps should be?
First of all it would be a good idea to get photographs of the road markings and any signage from the scene on the stretch of road in question. It is likely these will be treated as two separate offences by the fixed penalty unit and our feeling is they will initially offer 2 separate fixed penalties.
You may be able to make representations to the Fixed Penalty Unit that the two offences are duplicitous and it may be possible to persuade them to agree that one of them should be withdrawn on this basis. As a fall-back, if they refuse and you are required to go to court to defend your position, a good defender should be able to persuade the court to take into account that you have received an endorsement for a connected Fixed Penalty already (S.30 RTOA 1988) and you may well be able to persuade the court that the summons is duplicitous.
The question of whether or not the offences are separate or connected is always a matter of fact and degree based on the circumstances of each individual case. If they are the same offence and they take place at an identical time then it will be a strong argument in your favour.
Jose you are going to need help on this one.
In the first instance I would suggest you should agree to a detailed exploratory interview with a specialist motoring offence solicitor.
The Roadside Lawyer will initially provide expert motoring solicitor support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation. The solicitor will have been briefed and read about the background to your case. After the consultation they will provide email notes and guidance detailing how you should best proceed.
If appropriate they may then recommend further work to negotiate with the the CPS that the case is dropped, or at least there are reasonable grounds for mitigation to ensure a minimal penalty.
If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you (usually with junior counsel) the initial call cost will be waived.
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