A woman who received a fine for driving through a “bus gate” in Brighton has successfully appealed against the penalty.
Mary Glossop*, 54, drove through the bus gate at Marlborough Place, in the Valley Gardens area of Brighton, while taking her partner to the One Church, in Gloucester Place.
She appealed against the fine that she received in March, arguing that the signs said: “Local access.”
Mrs Glossop had travelled from Hove and was trying to reach the church, she said, where her partner Jimmers was taking part in a writers’ workshop.
Mr Glossop is a blue badge holder and cannot walk more than 50 metres, making a bus journey impossible.
The couple had not travelled into Valley Gardens for three years, since before the coronavirus pandemic, and were not aware of the changes to the road layout.
Mr Glossop used to live in Gloucester Place and the couple took their familiar route, only to receive a fine days later.
Mrs Glossop said that when her appeal was upheld, the council appealed against the verdict, saying that the signage was adequate and that it had won many similar cases.
She said: “I notice there’s some new signage in the area since but then there’s also a new council.”
The letter that Mrs Glossop received from the Traffic Penalty Tribunal adjudicator said that a map and diagrams produced as evidence by the council were of “limited value”.
The adjudicator said: “The enforcement authority (Brighton and Hove City Council) also adduce sweep footage of the approach to the location in question.
“This clearly shows an applicable carriageway legend indicating that, in addition to the nominated classes of vehicles as identified on the signage, other vehicles are permitted for ‘access only’.
“Notwithstanding that the ‘access’ element is absent from an advance notification sign and also the sign at the location itself, I accept that motorists seeking ‘access’ may not appreciate that they subsequently fall into the category of ‘other traffic’.”
The adjudicator added: “While it is incumbent upon a motorist to consult signage and comply with restrictions, it is incumbent upon an enforcement authority to ensure the signage implementing the terms of a traffic regulation order is adequate to communicate the nature and extent of the restriction to motorists.
“I do not find that to be the case in the present instance. The appellant highlights the fact that ‘access’ to a road beyond the junction, at which the single sign is positioned, was sought.
“And having passed a carriageway legend permitting vehicles requiring access, there is no clear notification thereafter that access beyond the junction is denied.
“I find the signs directing ‘other traffic’ elsewhere to be open to ambiguity in this regard. The motorist is not clearly informed as to where the ‘access’ ceases.”
Bus gates – or bus lanes – in the Valley Gardens area, between The Level and the seafront, have proved controversial since the new road layouts were completed in late 2020.
The western side of the gardens is restricted to buses and “local traffic” but thousands of drivers have been fined every month since January 2021 when the bus gate cameras went live.
Councillors have raised concerns. One said that drivers were being fined at a rate of one every two minutes. But council transport officials said that the signs went “above and beyond” the legal requirements.
Councillor Trevor Muten, who chairs the council’s Transport and Sustainability Committee, said: “Our aim is to keep traffic moving and limit congestion. We understand this can lead to fines being issued that drivers may not agree with.
“In this instance, we have reviewed the signage many times. We believe that drivers are well informed about the bus gate and can take steps to avoid being fined.
“The bus gates with signage were put in place to help improve traffic flow and safety. The signage also meets national regulations.
“All appeals against penalty charge notices are reviewed. But it’s important for drivers to be aware of these road regulations and signage to avoid being penalised.”
In the two years since the Marlborough Place and Gloucester Place bus gate went live, the number of drivers passing through has fallen.
In the first year, the highest number of drivers passing through the gates was 5,570 in August 2021. Numbers dropped to 1,687 in August 2022.
Last year there was a significant fall in the number of vehicles passing through the bus gate, with a high of 2,217 in January and a low of 1,088 last October.
Brighton and Hove City Council said that 67 per cent, more than two thirds of penalty charges, were issued to vehicles registered outside the BN postcode area.
*Mary Glossop is a pseudonym.
Now it’s time for all the others to appeal.
Meanwhile……..
“Mrs Glossop said that when her appeal was upheld, the appealed against the verdict, saying that the signage was adequate and that it had won many similar cases had it lost again.” Eh?
The report is distracting: apart from the garbled paragraph about Mrs Glossop’s appeal process, it is irrelevant that Mr Jimmers Glossop has a Blue Badge. The adjudicator decided that the signage was inadequate in this case and location and, thus, the penalty was invalid.
The “local access” allowed applies, it seems, only to the short stretch of road in front of The King and Queen pub. Having entered that poorly signaged bit of road, Mrs Glossop should have turned right east across back into south side of the Steine and back into (avoiding that bus gate entrance) Church St and go around the houses into North Road where she would see another “local access ” sign allowing her to turn left into Gloucester Rd arriving at her destination at the left, the Church… (some street names have been changed to protect the innocent) ..
by posting your reply it highlights how complicated its is .If you are driving in the area and dont know the area very confusing . I thought local access meant local access to the local area
Indeed. Where something says local access that implies permission. The proliferation of ambiguous or contradictory signage just causes driver confusion
Bus gates are great. This city is choked by cars and anything to make it easier and nicer to walk around should be wholly encouraged. We need more bus gates, more car free zones, tighter parking restrictions and a city wide congestion charge
Go live in the countryside
So agree
Unfortunately i assume now that local access is for people who live in that bn postcode zone and NOT for people visiting that bn postcode zone. Just because other councils get away without adequate explaination does not excuse this council the local access sign should say residents only surely (but then they wont make any money)
Nice one benzema
Are you aware that the most polluted road in brighton is north street and it is also in the top 10 in the country and it is also car free?
hows it the most polluted , only busses and taxis
… because it is so narrow it causes congestion as everything gets stuck behind the slowest thing in the road
Except it’s not car free is it?
Traffic can travel Eastbound from side roads as you must surely know to access North Street car park.
Where is the North St car park?
Kings Place.
So you want the people on low incomes or benefits to suffer more than they are now by having to pay even more for driving around?
Car free zones will exclude a lot of people from a lot of places.
And the city is being choked by cars because that is what the previous council wanted. They have made it so difficult to get around Brighton that it causes so much congestion.
Nicer to walk around?
So why are you not complaining about the dirtiness, graffiti, rubbish, the run down seafront, weeds everywhere etc if all of that was sorted it would also make the town a lot nicer and anyone knows that.
The people with least money are the least likely to own and travel by car.
The more money people have the more cars they are likely to own and to drive
Whataboutery.
What’s income got to do with it? Cars are expensive, public transport is cheap, walking and cycling is free.
Obviously a non driver!
Rail and buses a shambles… but apart from that revenue from parking fees, parking fines and bus lane fines pour money into the council coffers. Council could not afford to lose that income. License to print money…
Revenue from all three of those things goes into a ringfenced fund for other transport initiatives, such as subsidised bus fares for Brighton residents.
What we actually need is less busses stinking dusgusting drug transporting mobile knocking shops mobile toilets and all round disease transporters . Less busses the better .
Good to read this and the perseverance of Mrs Glossop
Most people don’t know what a ‘Bus Gate’ is. When visiting the town it is really unclear where they are.
Gate might be confusing I give you that but if you don’t know what a Bus is you shouldn’t be driving. The clue is the word BUS. The signs state what vehicles can use that section of road.
I’m amazed so few people win an appeal. As was mentioned in this case is there is the local access sign. However there is no clearly defined exit. Anyone wanting to head out of Brighton say via London road gets to the bottom of York place and has nowhere to go. There is no U-turn option. there NEEDS to be signage telling “other traffic” how to “escape” . Maybe work with the Satnav companies to map a route?
The sign seems to be deliberately misleading, like many i would assume local access means just that and would not expect a fine if i needed to access somewhere in that area. Until clear signage is provided i hope many more people challenge this unfair moneymaking scheme!
Be sure to look out for other ‘tricks’ the council are running on motorists. The sudden unannounced end to sending residence permit holders the reminders (prompts) to renew their yearly parking permits, for example. The amount of people that have been caught out by this is truly disgusting. Find a bunch of parking tickets on your car, maybe even lose your residence permit and have to reapply, buy expensive visitor permits etc.. and go to the back of the queue waiting for a new one. They could easily let you know (just like every other bill you pay), traffic wardens could leave a warning/reminder note on your windscreen. But no, the council are quietly filling their pockets. Make sure you leave reminders on your phone to renew it in time.
This is very very true
Or, you know, just look at the date on the front of your car every now and then. If you’re responsible for driving, you can be responsible for a simple date on a permit.
Why should my council tax be used to pay people to nanny you?
You’ve completely missed the point. Because for 16 years I’ve been sent a reminder (prompt to pay) so I didn’t think to keep checking the date. It’s a trick, the council profit from it.. give your head a wobble, even someone as naive as yourself can understand this.
Quote, “I didn’t think”. And that’s the problem Peter. Do you want a nanny state to look after you, with the cost involved in that and the high parking charges and taxes to pay for that?
Or do you want to be responsible for your own actions and failures?
I don’t want to be tricked into paying extra money to the council. And I don’t want other people to be mislead into it either, hence why I highlighted it. The ‘take responsibility for your own actions and failures’ brigade, just make it all the more easy for them.
how many millions of revenue have been generated by this since its introduction ,will they submit a true figure , no wonder they dont want to change it , the wording ” gate ” all motorists are looking for a none existing gate , i got caught twice going to Gloucester rd. the camera is on the yellow box in the road at the bottom of North Rd but you can drive down North Rd and turn left at the same spot and not be fined its driving over the yellow box that gets you , a gate nowhere to be seen, is this referenced in the highway code ?
Nobody willingly drives thorough busgate, it must be very confusing for visitors who don’t know there way around as it with so much information to take in so quickly. The best solution is well publicised and reasonably priced, efficient park and ride
They should never of changed the roads around that area. In mine and others opinions it has caused more congestion. People need their cars and if people don’t like it that is their choice but stop telling people how they should live and how they should get around. The road layouts in Brighton are ridiculous and only serve cyclists and green loving people. But anyone travelling by car has a nightmare every time they go out or visit.
Is it too hard for a sight that says ” BUS and TAXI ONLY ” to be installed …
Its a big blue sign. Its in the highway code. Its sanctioned by DoT.
We should ask why its not being used here?
The problem is that cars are allowed to turn left as they come down North Road, so anyone approaching the bus gate from Marlborough Place will see cars on the other side of the 4ft bus gate. This will just confuse them. So the council thinks it is clearer to just say “everyone should know what a bus gate is and looks like and that they fall into the “other traffic” definition”
Observations not your strong point then, clear as day big blue round signs saying just that, Buses, Taxis and Cyclist only.
First ones are at North Road, the Traffic lights also give information and show a clear blue compulsory right arrow.
The next is at Trafalgar Street, Big clear markings on the road giving instructions to turn left, blue signs and plate to say what can travel through and Bus gate markings again and a camera sign.
Sorry they don’t do them in neon lights.
Corman Nook (very original) seems to have missed the point – none of these schemes have reduced traffic in the slightest – all they have done is divert it from main roads into narrower side streets creating lines of traffic moving very slowly and adding to pollution and congestion. Church Road/North Road are now frequently full of scarcely moving traffic which actually makes the environment worse not better.
In another example he narrowing of the Lewes Road for instance has forced many drivers to rat run through the narrow residential streets of the Coombe Road area again making things worse for local residents not better.
As many people on this and other forums have pointed out many times surely it’s better to have the traffic moving swiftly along main arterial routes than moving slowly through side streets.
Unfortunately the Sustrans/Bricycles zealots don’t seem to be able to grasp the simple fact that cars (right or wrong) are not going to disappear overnight and we need to ensure that the amount of pollution they cause is kept to a minimum – creating traffic jams is not going to do that.
Cars aren’t going to disappear overnight, but they certainly could be reduced. Regardless of HOW we do it, solutions that reduce the number of cars on the road should be top priority. After all, if we drop the number of cars then public transport, emergency service vehicles, tradespeople and disabled people will all find it easier to navigate the city.
Tell that to the disabled resident in Gardner St, imprisoned by Green dogma
The moment I work out how that relates to what I was saying, I’ll let her know.
‘Driving into town will cost more, let’s take the bus instead’
Not that hard is it
A clear and legal definition of ‘local traffic’ is needed. Anyone with a BN1 postcode is local…
Deliberately vague signage.
Deliberately confusing design.
Welcome to bhcc!
I’m unclear what is meant by local access. Is it restricted to only certain BN postcodes?
I had no idea what a bus gate means either. What was wrong with bus lane? That was more easily understood.
I do think traffic needs to be reduced where possible, with proper signage that’s less open to misinterpretation and confusion and a reasonable approach – subjective I know – towards the disabled and visitors.
I cannot drive or walk far and go to the centre of Brighton very rarely, in part due to the difficulties of parking, as well as the challenges finding the way. I doubt my custom is much missed.
I do have to go to Brighton to attend hospital repeatedly and I’m very grateful for the care but I cannot use buses or afford taxis so my husband has to take time off work to chauffer me around.
I’m unclear what is meant by local access. Is it restricted to only certain BN postcodes?
I had no idea what a bus gate means either. What was wrong with bus lane? That was more easily understood.
I do think traffic needs to be reduced where possible, with proper signage that’s less open to misinterpretation and confusion and a reasonable approach – subjective I know – towards the disabled and visitors.
I cannot drive or walk far and go to the centre of Brighton very rarely, in part due to the difficulties of parking, as well as the challenges finding the way. I doubt my custom is much missed.
I do have to go to Brighton to attend hospital repeatedly and I’m very grateful for the care but I cannot use buses or afford taxis so my husband has to take time off work to chauffer me around.
I did a quick bit of googling for you. Local access means – in very casual terms “If you’re not stopping on this road, don’t drive on it in the first place.” If you use the road as a rat run, cut through, to turn around, etc. then you are contravening the sign.
Bus gates are not the same as bus lanes. A lane has a minimum length and a gate is essentially just a line over which cars are not allowed to drive.
A bus gate is a bus lane, but a bus lane is not necessarily a bus gate. The Traffic Penalty Tribunal chief adjudicator spelt it out in the foreword of one of the Tribunal’s annual reports.
‘The term “Bus Lane” is generic and includes not only those traffic lanes used exclusively by buses and taxis but also bus only streets and bus gates which are short lengths of road which are restricted in order to allow access for buses and other authorised vehicles.
‘The adjudicators have found that whilst bus lanes exclusively for the use of buses and other authorised vehicles on major roads are generally recognised, the concept of a bus gate is less well known with the result that many appellants who appeal a PCN issued for this type of restriction have no idea what has happened.’
Everyone who has been fined should be refunded. This was a disgusting attempt to make money by conning people.
St peters place 10 meter bus lane causes traffic congestion and is only there to get tickets from our of town people turning left. Shocking it’s still there.
Agreed
Does not say Bus lane/gate on the sign! might say it on the road markings, but not good enough. Glad she won the case.
I had a letter with photo of my car driving into the bus lane .I didn’t know anything about this until the letter arrived.
There were two cars ahead of me so nice money for the council!
I went back to Brighton two days after my letter and stood at the point I was photographed and in 15 mins some 8 cars went through!
The signage is so small that everyone is missing it.
I’ve driven to Brighton a lot over the years and suddenly I’m caught by these cameras.
The new alternative way out of town is through really narrow streets.
I’ve decided never to go to Brighton unless I really have to and then I will ride on the train,
So I guess I’m probably not the only one to go elsewhere to shop.
Loss of shops revenue but increased revenue for the council.
As someone who has a blue light qualification, emergency driving qualification, advanced driving qualification, registered with the institute of advanced motorists, and many years experience driving most of the UK, I find those signs confusing and have fallen afoul of them before.
At the risk of sounding arrogant, if I can’t figure them out easily, how is a layperson supposed to?
The easier and clearer the signs are to understand, the less money the council will pocket as a result.
Unfortunately, it’s that simple.