Thousands of motorists were fined for entering a bus lane in Nottingham city centre whilst an entry sign was missing, data has shown. One of three gate signs was missing at Canal Street from October 27 to December 13 after it was damaged in a crash.
Its omission near Albion Street meant one motorist, Bill Ball, was able to get his £35 penalty charge notice (PCN) overturned. A tribunal found signage did not "adequately inform" the 78 year old about the bus lane.
Nottingham City Council data shows that during the time in which the sign was missing, 2,596 motorists were fined for the same offence. The council said the outcome of Mr Ball's appeal does not mean others would receive the same ruling and that it would not result in PCNs being waived.
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However, an adjudicator overturned Mr Ball's fine, given out on November 14, largely on the basis that the same had been done in a similar case. "I agree with analysis that the entry sign on the central traffic island was the key entry sign," the adjudicator wrote in the ruling.
"The offside sign entry sign is on the pavement on the far side of a wide carriageway. The nearside sign has a quantity of street furniture behind it creating a cluttered background. Neither sign has a backing board."
The city council said it had received eight appeals, three of which were upheld and two were not contested. One was dismissed and two withdrawn. A spokesperson said the signs were fully compliant with Department for Transport guidelines.
"The central sign which was missing for a period following a road accident was put in place to go above and beyond what is legally required to enforce," they said. “In front of these signs there are clear road markings indicating the route to take to avoid going through the bus gate.
"There are also three signs prior to arriving at this point that give motorists ample warning about the CCTV-enforced restriction. If enforcement could only be carried out if the central sign was in place, then clearly we would have paused enforcement until it was replaced.
"However, we have also had an appeal dismissed during this period, demonstrating that the signage complied with national guidelines. The vast majority of motorists are following the signs and road layout without entering the bus gate and incurring a Penalty Charge Notice.”
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