Brighton grandfather fined after driving into bus lane.

A man is appealing a £105 charge for driving in a bus lane because he believed he had no other option.

Kevin Herriott, of Hollingbury, claims that Brighton and Hove City Council will have to “send me to prison” before he pays the fine. The council stated that Kevin did not have to drive into the bus lane, and the punishment was upheld on appeal.

The 73-year-old was driving to Ross Pharmacy in York Place to pick up a prescription for his wife, who is crippled and uses a wheelchair. He has been using the chemists for many years because his wife used to work there.

After driving towards town on London Road, Kevin stated that he approached the traffic lights and was about to turn right into Cheapside when he noticed the road was blocked off with barriers.The approach to the junction where he was “trapped” (Image: The Argus)

Instead, the grandpa claims he was compelled to turn left into the bus lane, resulting in a fine that arrived on his doormat weeks later.

“I always drive down London Road carefully because it’s busy, with people jumping off buses,” he told me.

“I was going down gingerly, but I didn’t notice Cheapside was completely fenced off until I got to the traffic lights because the other side of the road was blocked by buses and high-sided lorries.”

“There was plenty of signage suggesting a road restriction as I drove along London Road.

Kevin Herriott in front of the junction where he was “trapped” (Image: The Argus)

“I couldn’t go forward since that’s for cabs and buses, or left, so I was stuck and forced to take the bus lane.

“I explained everything to the municipality, but they returned and stated they didn’t know if Cheapside was turned off.

Of course, they know if it was shut off or not; you must obtain permission to close roads. “They argued and argued, and it went to adjudication.”

Kevin claims that during the adjudication hearing, a council representative advised him that if he couldn’t turn right into Cheapside, he should have gone straight on to York Place rather than left into the bus lane at St Peter’s Place.

Previously, only buses and taxis could proceed straight ahead, with all other vehicles turning right into Cheapside. Signs that previously indicated this setup have been deleted.

As you reach the crossroads, road markers indicate that buses and taxis are the only vehicles allowed. “It’s entrapment because it’s misleading,” Kevin explained.

The sign, now removed, indicating that automobiles could not previously go straight on or left (Image: Google Maps) “The council man tried to say I was confused, but I wasn’t confused – I knew exactly what I was doing.”

After refusing to pay the charge, the amount has risen from £35 to £105 – but Kevin claims it is “not about the money, but the principle”. “I have driven since the age of 17 and stayed out of trouble,” he told me.

“I’m absolutely disgusted.” Councillor Trevor Muten, cabinet member for transport and city infrastructure at Brighton and Hove City Council, stated: “Our bus gates play an important role in keeping our city moving, and if motorists misuse them, we will issue fines.”

“Anyone who disagrees with a fine may appeal to the council, and then to an independent traffic penalty tribunal.”

“In this situation, although the motorist’s appeal to the council was denied, we did offer them the opportunity to pay the reduced amount of £35, which we offer as an early payment.

“They elected to appeal to an independent panel, where an adjudicator determined that the bus gate limits were well stated and that motorists could reasonably expect to be aware of them.

“The independent panel agreed with the council that an alternative route was available despite the roadworks, citing video footage that showed another vehicle taking that alternative route.”

“As a show of goodwill and in light of the motorist’s mitigation, we once again offered to accept the reduced amount of £35 if paid within 28 days.

“That time limit has now expired and so the current amount owed to the council is £105.”

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