Code 33 PCN Appeal: How to Challenge a Bus Gate or Restricted Route PCN

1. What does contravention Code 33 mean?

Code 33 means that your vehicle is alleged to have used a route reserved for other types of vehicle. A bus gate is a short restricted stretch of road, often at a junction or between traffic islands. It may admit buses and cycles, or other classes shown on the signs.

Read the complete description and suffix on the PCN. The key question is whether your vehicle was entitled to use the particular route at that time. Driving through the gate can establish the allegation even when the road is empty; the vehicle does not have to stop or obstruct a bus.

Contravention

Code 33: using a route restricted to certain vehicles

Typical restrictions

Bus gates, bus-and-cycle routes, routes also permitting taxis or motorcycles, and tram routes

Main evidence

The blue sign and any time plate, permitted vehicle class, restriction extent and the route recorded on CCTV

Penalty amount

London: £160, reduced to £80 during the initial discount period. England outside London: £60 or £70, reduced to £30 or £35, according to the applicable charging band. Follow the notice for Wales and the discount deadline.

Representations

For a London Code 33 PCN, the authority must receive your representation within 28 days of service of the PCN

Appeal route

Formal representations to the issuing authority; after rejection, London Tribunals in London or the Traffic Penalty Tribunal under the relevant schemes elsewhere

2. Which signs apply to a Code 33 restriction?

The Highway Code shows buses-and-cycles-only and trams-only signs within its blue-circle instructions. For a bus gate, diagram 953 in TSRGD 2016, Schedule 3 Part 2 item 33, is the usual starting point. The symbols and wording specify the permitted vehicles.

Diagram 953 can include a cycle symbol and the word 'taxi'; either can be omitted where appropriate. The bus symbol may specify local buses. Diagrams 953A and 953B include solo motorcycles, while the 953.1 series covers tram routes and permitted combinations. Match the sign actually displayed to the allegation.

Read any supplementary plate for operating times or authorised vehicles. The sign and its plate must communicate the same restriction as the legal provisions applying to that route. The BUS GATE road marking is optional supporting information, not a replacement for the upright sign.

3. What must the authority prove?

The CCTV, sign evidence and legal restriction need to establish the same route, direction, time and vehicle class. A photograph from the opposite approach or before a sign was changed may leave an important gap.

• Restriction and legal basis: the relevant order or other legal instrument must cover the road length, direction and operating period alleged. Check the operative article, schedule or map and any amendments.
• Sign placement: TSRGD Schedule 3 Part 5 direction 1 requires the terminal sign to be as near as practicable to where the restriction starts. Traffic Signs Manual paragraph 9.7.2 explains visibility before a driver commits to the turn. The layout determines whether one or two signs adequately inform approaching traffic.
• Visibility at the time: compare dated approach photographs with the recording. Check signs hidden by foliage, vehicles or street furniture, turned away from traffic, or showing an unreadable time plate.
• Night-time lighting: Schedule 3 Part 4 paragraph 4 applies to these signs. On roads above 20 mph within 50 metres of qualifying street lighting, its direct-lighting requirements apply subject to the stated conditions and exceptions.
• Vehicle and movement: the recording must identify the vehicle and show it using the restricted route during its operating period. Check which side of an island or which entry point the vehicle passed.
• Liability and notice: the PCN must identify the allegation and be addressed to the person liable under the applicable owner or hire provisions.

4. Grounds for appealing a Code 33 PCN

Choose the ground that matches the problem in the evidence. Explain what happened on this approach and attach material that demonstrates the point.

• The vehicle or journey was permitted: identify the vehicle class, valid authorisation or exception and its conditions.
• The restriction was not operating: compare the recorded time and date with the sign plate and operative order.
• The signs did not adequately convey the restriction: provide the driver's approach, visibility and decision point, supported by dated photographs or footage.
• The evidence does not establish the restricted route: identify a wrong approach, missing sign evidence, outdated photographs or an order schedule that does not cover the alleged location.
• Two PCNs concern one continuous passage: provide both notices, recordings and the route between them so the authority can address whether distinct contraventions occurred.
• You were not the liable owner or the vehicle was on a qualifying hire: provide the relevant dated documents and signed liability information.

5. Permitted vehicles, authorisations and exceptions

The permitted classes depend on the actual sign. A bus-and-cycle gate does not necessarily admit taxis, and a taxi permission does not automatically include a private-hire vehicle. For a claimed permission, identify the relevant vehicle definition and provide the licence or authorisation that supports it.

Where authorised vehicles may enter, check that the permission covered your vehicle, the particular gate and the journey date. For access, loading, emergency or other exceptions, identify the applicable provision and provide the destination, purpose and supporting record.

A delivery, nearby address, Blue Badge or satnav instruction is not itself permission to pass every blue route sign. If the circumstances call for discretion rather than a legal exception, explain them to the authority with evidence.

Separate gates on the same road may create separate restrictions. Where two notices concern a single passage, show the entry, available exit and intervening signs. The tribunal examples below illustrate why that sequence needs to be established.

6. How to make a formal representation

For a London Code 33 PCN, submit formal representations to the issuing authority using the details on the notice. London Tribunals states they must be received "within 28 days of the date the Penalty Charge Notice is served".

Outside London, use the submission route and deadline on the notice under the applicable English or Welsh scheme.

1. Open the official evidence and challenge portal shown on the PCN. Enter the notice reference and vehicle registration.
2. Review the complete CCTV and record the approach, entry point, direction and time. Obtain photographs of the signs facing that approach.
3. State your ground and explain the specific issue: permitted vehicle, operating hours, visibility, legal extent, duplicate passage or liability. Attach the relevant photographs, authorisation or documents.
4. Identify any missing evidence needed to resolve the point, submit the representation by the deadline and keep the full text, attachments and dated acknowledgement.

7. How long does the authority have to respond?

London Tribunals states that the authority "should normally respond to representations within 3 months".

For formal representations under England's 2022 regulations outside London, the authority must serve its decision within 56 days of receiving them. Welsh Government guidance also states a 56-day response period under the separate Welsh regulations.

8. Check the Notice of Rejection and evidence

The Notice of Rejection should explain why the authority has rejected your representation and provide the tribunal appeal instructions. Check that its reasons address the point raised: which sign faced your approach, which vehicles were permitted and how the recording proves the alleged use.

For a disputed sign, compare the photograph dates and locations with the CCTV. For an authorisation or exception, check the order provision relied upon. Where two PCNs concern one passage, check that the response addresses both recordings and the route between them.

Record the date of service and the appeal deadline. Keep the PCN, your representation, acknowledgement, rejection and evidence together. Review the authority's tribunal evidence pack against the points already in dispute.

9. Taking a Code 33 appeal to the tribunal

For a London PCN, register your appeal with London Tribunals within 28 days beginning with service of the Notice of Rejection. Use its verification details, select the relevant ground and explain how the sign, permitted vehicles or CCTV supports your case.

Outside London, the Traffic Penalty Tribunal handles the relevant English and Welsh schemes. Use the appeal details in the rejection. Both tribunals are independent and normally charge no appeal fee; if the appeal is refused, the full penalty is normally payable.

Organise the evidence around the journey: approach, signs, entry and any relevant exception. Add the notice history and your response to the authority's evidence. Link any previous decision to the particular issue it illustrates.

2025 London Tribunals Code 33 results

105 of 667 recorded cases were allowed (15.7%).