Council is caught out by fined driver (From Richmond and Twickenham Times)

Council is caught out by fined driver

1:15pm Sunday 3rd June 2007

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The motorist stung for crossing the borough bus lane notorious for unfair fines exposed a council blunder when he appealed against the charge.

Peter Brady was slapped with a £100 fine last September when he crossed the Heath Road bus lane to park - the only route of access to the adjacent bays.

He fought the fine at a parking and traffic appeal, where it was overturned when the adjudicator ruled that Mr Brady's manoevre was indeed lawful.

But the retired partner of Twickenham legal firm, Lucas and Co, was surprised to learn Richmond upon Thames Council based its case at the appeal on a traffic order which is no longer law. The experimental order banning motorists from crossing the bus lane except for access came into force on August 2, 2004 and expired on February 2, 2006.

He said: "The whole thing was invalid and I would not have known this except for that the adjudicator spotted it at the appeal."

The news comes after a glut of motorists penalised for accessing parking bays or turning left across Heath Road bus lane contacted this paper last year.

A Richmond council spokesman admitted that the council "mistakenly" quoted an expired order on Mr Brady's PCN: "We quoted an experimental order made in 2004 but should have quoted a permanent order that replaced it on 30 January 2006. In light of the evidence before him, the adjudicator was right to allow the appeal.

"As this was an error on our part, it wasn't appropriate to seek a review of the decision.

"However, under the permanent order, driving in the bus lane on Heath Road isn't permitted. Motorists who ignore the rules will receive a Penalty Charge Notice."

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