Appeal Quashes Brighton Bus Gate Fine

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 added:

"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.