The appellant used the bus lane during hours which were prohibited.
There was no doubt that the appellants vehicle was in the bus lane. CCTV images clearly showed this.
The appellants argument was that they were not aware that bus lanes restrictions applied at the time they went on.
The Enforcement Authorities (EA) sites images were poor. The times and days shown on the bus lane sign’s were not legible (readable), in any of the images shown. Even on greater magnification.
WHY WAS IT ALLOWED?
It does remain the responsibility of the motorist to check carefully at all times whilst driving, to ensure that they do so only as permitted. This includes making sure that they comply with all restrictions and prohibitions indicated by signs.
However, it is also the responsibility of the EA to ensure that restrictions and prohibitions are clearly signed, adequately (properly) to inform motorists of the requirements.
The adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law.
Assessing all the evidence given, the adjudicator did not feel the bus lane signage was clear enough at the time.
Therefore based on the evidence presented, the contravention did not occur.