Thousands of motorists who have received fines for driving through a controversial “bus gate” in the centre of Norwich could be due refunds after yet another driver successfully challenged the enforcement process.
The bus gate at the junction of Grove Road and Brazengate, near Sainsbury's on Queens Road, only operates for two hours each morning but generated £150,000 in fines in just eight months after its installation in 2019.
But at the latest tribunal, the council offered no defence to motorist Ian Bisset’s insistence the junction does not conform to the Highway Code - raising questions over the legitimacy of all its fines.
The council says it is reviewing the outcome of the appeal to see if further action is required, but insisted the signage was installed in line with legislation and that it has successfully contested appeals at the location before.
On July 14 at 8.21am, retired chartered surveyor Mr Bisset, from Ipswich, got caught by the bus lane camera while visiting his son in Norwich, and a week later received a letter informing him he owed a £70 fine.
He wrote to the council enclosing a cheque but argued his fine was not legitimate because the road signage was not compliant with the highway code, the road markings were too faint, and the signage was vague and poorly situated.
After an exchange of letters, he took the local authority to a traffic penalty tribunal and won.
The council did not even contest the appeal, citing its own “procedural impropriety” in not having answered Mr Bisset's questions in their exchange prior to the tribunal.
But Mr Bisset said: "My questions were legitimate criticisms so the only conclusion you can come to is that they don't have any answers to them - it looks a bit embarrassing for them to be honest.
"It looks like they know the system is wrong but aren't prepared to do anything about it, just carry on handing out fines and hope people don't challenge them.
"I think everyone who's had a fine there should challenge it."
More than half of those who contest a fine relating to the Grove Road "bus gate" - which is only in effect between 7.30am and 9.30am - win their appeal.
In December 2020 figures obtained by this newspaper under Freedom of Information legislation revealed that in the previous 12 months the camera at Brazengate issued 5,377 fines, prompting 528 appeals, 281 of which were cancelled as a result.
Mr Bisset has not had a refund from the council, despite winning his appeal in August.
He added: "There's an illuminated sign but it's only in action at that time in the morning - by the time it’s illuminated it’s too late, you’re done.
“I’ve had no refund or apology, I think they’ve totally ignored the issue.”
Norfolk County Council delegates powers to enforce the bus gates to Norwich City Council.
Council bosses have explained if they did not enforce the bus lane it would fall to Norfolk police, taking resources from other duties. They have said income from enforcement is used to run the service and any surplus is reinvested in highways and transport schemes.
A Norfolk County Council spokesman said: “Norfolk County Council, who are the highway authority, works closely with Norwich City Council, who enforce the Brazengate bus gate, and have successfully defended tribunal hearings at this location in the past.
“The signage is installed following national guidelines and legislation, but both councils will be reviewing the outcome of the latest appeal to determine if any further action is required.”
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