A MOTORIST has won an appeal against a bus lane fine in Colchester town centre, which could force Essex County Council to rescind thousands of tickets.

Toby Wynne-Golledge, 24, used the bus lane in his BMW, turning from the High Street into Queen Street.

He appealed against the £60 fine saying the bus lane signs were not visible.

He lost the appeal against Essex County Council, but lodged an appeal with the Traffic Penalty Tribunal, an independent adjudication service.

County Hall bosses say despite the result, they are happy bus lane is legal.

The county council did not contest the Tribunal’s case and will refund the £60 fine.

Mr Wynne-Golledge, of Colchester, said: “It certainly looks like my reasons were the only cause to stop the council in their tracks as they were hell bent on pursuing me for the money before that “There was no other reason why they would drop it other than I was correct and their signs at the bottom of the High Street were illegal and not substantial enough to be reasonably enforceable.

“For Essex County Council to continue enforcing these penalties is unlawful as they were not properly and legally warning motorists that is was there.”

Mr Wynne-Golledge claimed the signs were illegal because they were facing away from the road.

He also said he used the bus lane at night and the signs were not lit up In addition, Mr Wynne- Golledge cited the reason for the bus lanes – Colchester’s Park and Ride – was not operational at the time of his alleged contravention, in the early hours of December 14.

A statement from the Traffic Penalty Tribunal said: “The council has decided not to contest this appeal.

“The adjudicator has therefore directed the appeal is allowed without consideration of any evidence or the merits of the case.

“The appellant is not liable to pay the outstanding penalty charge.”

An Essex County Council spokesman said: “We do not comment on individual cases.

However, we are satisfied the bus lane signs meet legal requirements and have Department for Transport approval.”