Prosecution pending - failure to comply

[Nonethemiser]

Hi All,
Really upset at the moment so just need a bit of support/advice really. On Wednesday got caught in a horrendous traffic jam on the M4 - couldn't have happened at a worse time as it was my DD's birthday and we were trying to get from A to B so she could celebrate. However these things happen and there wasn't much we could do about it so I just stayed calm and counted to ten. I did notice that one of the lanes had a red X on it - I don't even remember being in that lane but if I was then there was absolutely zero benefit as everyone was crawling along at an absolute snail's pace. If I'm being honest I thought that meant the lane was closing and I would be expected to filter across at some point although I would now interpret it that you need to move straight away. I've just got home after a few days away to discover that the police intend to prosecute me for failing to comply with a lane closure. Having looked it up online I can see there have been quite a few articles about the matter in general in the last few days and I do get that people shouldn't be taking advantage of them when they are empty (important for emergency vehicles etc) but that wasn't the case here - the whole motorway was literally like a car park for a while and even once it started moving very slowly it was impossible to filter across that quickly because of the volume of traffic. AIBU to think that I should not be prosecuted in such circumstances? Is there any point in me trying to appeal? (It also crosses my mind there must be literally hundreds of other motorists who had the misfortune of being in the same lane as me (we all had a 25% chance and needless to say it was the "slow" lane) - if anyone would like to get in contact please do). I'm just really upset as I always try and follow the rules as best I understand them, I have never had any points on my driving licence and while I know that ignorance of the law is not a defence it just feels really unfair under the circumstances.

You had no way of knowing there wasn’t another stranded car a little way further on so why did you move over lanes ? I do appreciate why you’re annoyed but I’ve seen some horrendous near misses on a relatively new stretch of smart motorway near me….if I’d had a prosecution notice on that stretch of motorway myself I would have appealed solely because some of the near misses were likely caused by poor operation/ signage on that motorway (this was M5 south of Birmingham ,whereas I’ve always found the smart motorway around Birmingham itself very clear to understand)

Wait. You entered the lane with the red X because you assumed you were past the obstruction and so the lane was now fair game??! Are you serious???! Honestly, if I've interpreted you correctly you are an absolute menace on the roads. How did you know you were past the obstruction??? This is how people die. Insane.

Probably it’s just going to be a fixed penalty notice. They send the ITP because there’s probably something about the particular offence that says they have to either tell you at the scene or send you the notice.

Contravening a red X over your lane is the same as contravening a red traffic light, usually resulting in a £100 fine and 3 penalty points. There are a number of reasons why the lane could be closed - stranded vehicle, collision, oil spill, etc.

With your update OP it's definitely better that you weren't in the red X lane the whole time but it definitely is still a deserved penalty I'm afraid. I know someone who was passing an RAF base where the planes fly low over the road so when there are planes due in there are some red lights that flash. This person waited at the flashing lights as a plane landed, then after a couple of minutes decided that they must have forgotten to turn them off and drove down the road. Unfortunately for them another plane was incoming and literally just missed them (luckily they were in a low car and the plane was high enough to avoid them). Never assume anything, follow the instructions/signs unless it is 100% clear that you can't/shouldn't.

I got caught in really bad traffic on the M25 on Friday. 4 lanes down to 1. There were arrows pointing left on 2 gantries then the red X on the third. As you can imagine it was complete chaos. I'm not sure precisely when I made it into lane 1, I may have crossed the first X, I definitely didnt reach the next gantry. But we were in the traffic for over 2 hours, and literally hundreds of cars passed me to the right in the closed lanes. Hope I haven't got an NIP in the post! If I have so have 75% of the cars that were in that traffic.

"If I'm being honest I thought that meant the lane was closing".

OP, in the kindest possible way, you need to brush up on the Highway Code.

Can I just clarify that I wasn't in the wrong/same lane before the stranded vehicle and only moved after I'd gone past

Honestly, this sounds even worse. You knew the lane was closed and chose to deliberately cross over into it anyway!

Right - probably time to wrap up the thread - thanks for all the answers - I've ignored the numpties who seem incapable of understanding that I wasn't in the wrong lane to gain some advantage (the fact that you can't seem to get your heads around this probably says more about you than me). After that though I think the Court of Mumsnet has spoken and sadly for me I'm guilty as charged. Last night I felt that it was unfair and while I still feel a little aggrieved as I was trying to comply with one aspect of the Highway Code (slower vehicles in the slow lane) I obviously got this wrong. I know we've had a couple of responses from members of the emergency services and I just wanted to thank them for everything they do and hopefully, if any good can come out of this, it'll be a little greater awareness (certainly on my part). I do still feel I was pretty unlucky. I could easily have ended up in one of the other lanes, I rarely, if ever use the M4, and we were only travelling for a family break having just buried my father (normally I'm very across the news but missed the red X story which has clearly been fairly well written up in the last couple of weeks). Now I'll just have to await my fate. I suffer from quite high anxiety (which is probably why I'm such a passive driver) so the next few weeks are going to be torture for me but thanks again for all the advice (it may not have been what I wanted to read but that's not the point.)

Funny how it’s “time to wrap up” when things don’t go your way..,

The OP has asked us to delete this thread because it is causing anxiety in real life. It isn't something we normally like to do but we have agreed to on this occasion.

Wrap the thread up, don't listen to the "numpties".

I haven't closed the thread - people are welcome to continue posting on it - I asked people for their opinions - I've taken them on board and changed my own as a result - what more do you want me to do?

I don't think you were unlucky OP. I know you feel you've got what you need to from the thread but I'm not sure you have.

I think you were very lucky not to suddenly come upon a second stopped vehicle, or a person - emergency services, highway maintenance, whatever - walking in the road. What if the lane was closed for an accident further along, and it was just coincidence that someone having engine trouble decided to pull into the closed lane out of the live traffic? That's not an unlikely scenario at all.

You weren't unlucky, you didn't comply with the red X and you've been caught. Not knowing why it's there isn't an excuse, that's slightly worse, to be honest. You shouldn't have to read about it in the news to know its purpose.
That said, it's very unlikely you'll be prosecuted, any traffic offence will get you a NIP. For something like this, I imagine prosecution/summons to court would only happen if you ignore or challenge it. Your most likely outcome is £100 fine and 3 points.

You may get offered a course if it is seen as a red light offence, so I would do that if offered it

I was trying to comply with one aspect of the Highway Code (slower vehicles in the slow lane) I obviously got this wrong.

There is no such thing as the "slow lane".

Hopefully OP can do a course as a consequence, it would seem like an ideal way of making the roads safer. She's obviously not the only one struggling with the new rules. Education would be better than punishment.
I had to do a speed awareness course once and it was great, I learnt a lot from it and I'm a much better driver as a result.

As soon as you see a red cross you should move into another lane but there's so many smart arses that think they can stay in that lane and get to where they are going a bit faster and then push in further down the road. Was a while ago when it was all over the papers that they were going to fine people in the red cross area

I come across “passive” and “considerate” drivers regularly on my way to work and I find them a right pain in the ass as they clearly don’t know their Highway Code.

The kind that stop suddenly to let someone with a dog cross the road #beconsiderate and nearly cause a pile up behind them. Infuriating.

What new rule?

Of course you should face prosecution. Learn the highway code, and obey road signs which give instructions.

Since people are taking, I was wondering about what happened on the m25 the other day.
Red Xs, stranded car signs. Moved over, passed the stranded car.
Then before the next gantry displaying a lane sign my exit came up. Quite a gap between gantries and not a viable sign ahead. Very clear motorway, moved across the closed lane directly to exit the motorway (as did others).
Should people have not travelled in the lane at all?

Oh man I wish. Round here they just keep driving and fuck anyone else. Saw a car go into the back of another car in this situation because no one would let them into the live lane.

But all of the drivers wouldn't have had a 25% chance of being in that lane, because most of them would understand that the lane wasn't in use.

Don't be pedantic - everyone clearly knows and understands what is meant by the slow lane.