Bus lane penalties are among the most commonly issued council PCNs in London — and among the most commonly overturned on appeal. This case study examines how one motorist successfully challenged not one but two bus lane penalty charge notices by proving that the mandatory signage was obscured by overgrown trees.

The First PCN: Barking and Dagenham

A motorist received a penalty charge notice from the London Borough of Barking and Dagenham after a camera enforcement system recorded their vehicle driving in a bus lane on River Road, Barking. The penalty was set at £65 (reduced to £32.50 if paid within 14 days).

Rather than paying, the motorist visited the location to inspect the signage — and what they found formed the basis of a successful appeal.

The Evidence: Photographs Tell the Story

The motorist photographed the bus lane signage at the location and discovered that tree branches and foliage were partially obscuring the signs, making them difficult to read from a normal driving position. The photographs clearly showed:

• Tree branches hanging directly in front of the bus lane sign face
• Foliage blocking the operational hours and days information
• The sign was not visible at the distance required for a driver to react safely

These photographs became the foundation of the appeal, providing objective evidence that the council had failed to maintain adequate signage.

The Legal Arguments

The appeal was built on three complementary legal arguments, each supported by legislation and case law.

TMA 2004 Section 6.13 — Duty to Maintain Signs

The Traffic Management Act 2004, which governs civil enforcement of traffic contraventions in England, places a positive duty on local authorities to ensure that traffic signs and road markings are properly maintained and clearly visible. Section 6.13 of the Secretary of State’s Statutory Guidance states that civil enforcement officers (CEOs) have a duty to check and report defective signs.

The appeal argued that if the council’s own enforcement officers were not identifying and reporting obscured signage, the council was failing in its statutory duty — and it was unjust to penalise motorists for contraventions caused by that failure.

Bladon v Westminster — The Duty of Adequate Signage

The appeal cited the case of Bladon v Westminster City Council, which established that a local authority has a duty to provide adequate signage before enforcing traffic restrictions. If a motorist could not reasonably have been aware of a restriction due to inadequate signage, the penalty cannot stand.

The photographs provided clear evidence that the signage at River Road was not adequate — the operational hours were not readable, and the sign face was substantially obscured.

TSRGD 2016 — Traffic Sign Regulations

The Traffic Signs Regulations and General Directions 2016 (TSRGD) prescribe specific requirements for the size, placement, illumination, and visibility of traffic signs. The appeal argued that the obscured signs at River Road did not meet TSRGD requirements because they were not visible and legible to approaching drivers at the required distance.

The Result: PCN Cancelled

Faced with photographic evidence of obscured signage and well-cited legal arguments, the council cancelled the penalty charge notice. The motorist did not need to escalate to London Tribunals — the informal challenge was sufficient.

The Second PCN: Newham

Encouraged by the success of the first appeal, the same motorist applied identical arguments when they received a second bus lane PCN — this time from the London Borough of Newham. Once again, the motorist visited the location, photographed the signage, and found the same problem: tree branches and overgrown foliage obscuring the bus lane signs.

The appeal followed the same structure:

• Photographic evidence of obscured signage
• Reference to TMA 2004 and the council’s duty to maintain signs
• Citation of Bladon v Westminster
• Reference to TSRGD 2016 visibility requirements

The result was the same: the PCN was cancelled.

Why Signage Defences Work

Signage-based defences are among the strongest grounds for appealing a bus lane PCN because they go to the heart of the enforcement regime. The entire system of civil traffic enforcement is predicated on the assumption that restrictions are clearly communicated to road users through signs and road markings. When that communication fails, the enforcement fails with it.

Councils are aware of this, which is why signage challenges — when supported by photographic evidence — have a high success rate.

How to Build a Signage Defence

If you have received a bus lane PCN and believe the signage was inadequate, follow these steps:

• Visit the location as soon as possible. Signage can be trimmed or repaired after complaints, so photograph the current state before any changes are made.
• Take clear, dated photographs. Capture the sign from the driver’s perspective — from 50 metres, 30 metres, and at the sign itself. Include wide shots showing the obstruction and close-ups showing what information is hidden.
• Use Google Street View. Historical Street View images can show long-standing signage issues, strengthening your argument that the problem existed on the date of the contravention.
• Cite the legislation. Reference TMA 2004, TSRGD 2016, and Bladon v Westminster in your appeal. These are well-established authorities that adjudicators recognise.
• Be specific. Do not simply say “the sign was hard to see.” State exactly what was obscured (operational hours, bus lane symbol, days of operation) and explain why this prevented you from knowing about the restriction.

The Bigger Picture

Bus lane enforcement generates significant revenue for London boroughs. But that revenue must be collected fairly, and the law requires councils to maintain their signage to an adequate standard. When they fail to do so, motorists have every right to challenge the penalty — and as this case demonstrates, those challenges can succeed.

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A motorist facing six penalty charge notices (PCNs) totalling £780 from Croydon Council took their case to the Environment and Traffic Adjudicators (ETA) and walked away with five of the six charges cancelled — saving £650. This case demonstrates the remarkable power of tribunal appeals and why councils frequently withdraw multiple PCNs when forced to defend them before an independent adjudicator.

The Charges

The motorist received six PCNs from Croydon Council, each carrying a penalty of £130. All six charges related to the same location: Biggin Way in Croydon, which is designated as a pedestrian zone with restricted vehicle access during certain hours.

The total liability across all six notices was £780 — a significant sum that would have caused real financial hardship. Rather than paying, the motorist decided to challenge every single notice through the formal appeals process.

The Tribunal Hearing

After exhausting the council’s internal appeals process, the motorist escalated the matter to the Environment and Traffic Adjudicators (ETA), the independent tribunal that handles appeals against council parking and traffic penalties in England and Wales (outside London, which is handled by the London Tribunals).

The case was heard by Adjudicator Gerald Styles. At the tribunal, the adjudicator considered the evidence for all six PCNs.

The Outcome: 5 of 6 Cancelled

The result was overwhelmingly in the motorist’s favour:

• 1 PCN upheld — The adjudicator found that the first notice was validly issued and upheld it. The motorist was liable for £130 on this charge.
• 5 PCNs withdrawn by the council — Croydon Council voluntarily withdrew the remaining five notices rather than defend them at the tribunal hearing.

The net result: the motorist paid £130 instead of £780, saving £650. That represents an 83% reduction in the total penalties faced.

Why Councils Withdraw Multiple PCNs

This pattern — councils withdrawing the majority of PCNs when challenged at tribunal — is far more common than most motorists realise. There are several reasons for this:

• Evidence problems multiply — If a council has difficulty proving one PCN was correctly issued, the same evidence problems typically affect all related notices. Rather than lose multiple times on record, councils prefer to withdraw.
• Proportionality concerns — Adjudicators take a dim view of councils issuing multiple penalties for what is essentially the same ongoing contravention. Withdrawing additional notices can be a pragmatic decision to avoid criticism from the tribunal.
• Signage and traffic management order (TMO) defects — If the signage at a location is inadequate or the TMO contains errors, this affects every PCN issued at that location. A successful challenge to one notice effectively undermines all of them.
• Cost of defending at tribunal — Each tribunal hearing requires council resources. When facing multiple appeals from the same motorist at the same location, the cost-benefit analysis often favours withdrawal.

Pedestrian Zone Enforcement in Croydon

Pedestrian zone contraventions are among the most commonly challenged council PCNs. The enforcement typically relies on CCTV cameras that capture vehicles entering restricted zones during prohibited hours. However, there are frequently legitimate grounds for challenge:

• Inadequate signage — The signs at the entry point to the zone must clearly indicate the restricted hours, the types of vehicles affected, and any exemptions. If the signage is missing, obscured, or does not comply with the Traffic Signs Regulations and General Directions (TSRGD), the PCN may be invalid.
• Exemptions not applied — Many pedestrian zones allow access for loading/unloading, disabled badge holders, or residents. If you had a legitimate exemption that was not properly considered, the PCN should not stand.
• TMO defects — The traffic management order that creates the pedestrian zone must be properly made and accurately reflect the restrictions in force. Errors in the TMO can render all enforcement at the location unlawful.

The Statistics: Why Tribunal Appeals Work

This case is not an outlier. The data consistently shows that motorists who appeal council PCNs to tribunal have a strong chance of success:

• Nationally, around 50-60% of tribunal appeals result in the PCN being cancelled or the council withdrawing the charge before the hearing
• Many councils have withdrawal rates significantly higher than their loss rates — meaning they cancel charges voluntarily when they realise the evidence will not stand up
• Cases involving multiple PCNs at the same location have particularly high cancellation rates, as the evidence problems are compounded

How to Appeal a Council PCN to Tribunal

If you have received a council PCN and want to appeal to tribunal, the process follows these steps:

1. Make informal representations — Write to the council within 28 days of the PCN setting out your grounds for appeal.
2. Receive the Notice of Rejection (NOR) — If the council rejects your representations, they must issue a formal NOR.
3. Appeal to the tribunal — You have 28 days from the NOR to submit your appeal to the relevant tribunal (ETA or London Tribunals).
4. Attend the hearing — Hearings can be in person, by phone, or decided on the papers. Many are resolved without an oral hearing.

Key Takeaway

This Croydon case perfectly illustrates why motorists should not be deterred by multiple PCNs. Five of six charges were cancelled, saving the motorist £650. Councils often withdraw charges when they know their evidence will not survive independent scrutiny. If you have received one or more council PCNs, the formal appeals process exists to protect you — use it.

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