HUNDREDS of motorists fined for driving in Reading bus lanes are entitled to their money back after a "battling granny" exposed a council blunder.

Reading Borough Council has been fining motorists under an order introduced in July last year which was covered by legislation that at present only applies to parking infringements.

The blunder only came to light this week after a Traffic Penalty Tribunal ruled in favour of Tilehurst woman Hannah Rous, 62, who appealed against a fine for driving in the Station Hill bus lane last November.

Tribunal adjudicator David Binns said: "Any Penalty Charge Notice issued by the council under the Traffic Regulation Order (TRO) since July 4, 2008, for being in a bus lane is not valid."

Mr Binn said the council's TRO states that bus lane contraventions are to be enforced in accordance with the Traffic Management Act 2004 (TMA).

But Schedule 7 of the TMA, which relates to the civil enforcement of bus lane contraventions, is not yet in force and the TRO makes no reference to the Transport Act 2000, which does make provision for such enforcement.

Mrs Rous had only appealed against the fine because - after a first-time experience of driving husband Peter to the station - when she left the drop-off point she inadvertently turned left into the bus lane in Station Hill.

She said: "I'm a careful person and looked for the right way to go. "I saw the sign saying the left turn was buses only but there was nothing showing which way I should be going.

"I didn't want to cut across the bus lanes and there was no time to think. "But I'm a bit of a battling granny. The signs should be better, otherwise it's just a council moneyspinner."

Mrs Rous was caught by traffic cameras at 8.32am on November 11 - one of seven penalty charge notices dished out in the Station Hill bus lane between 7.55-8.33am that day alone.

Adjudicator Mr Binns said: "I find that the signing of the bus gate to the left of the exit from the Station Approach drop-off point was not adequate and therefore the bus gate restriction cannot be enforced."

He rapped the council: "The motoring public has constantly been faced with a strict interpretation of traffic orders and regulations in Reading.

"The council will presumably welcome a similar approach from the adjudicators."

Council spokeswoman, Sally Swift, said: "As a consequence of the adjudication we are seeking expert legal advice on the adjudicators decision and the Traffic Regulation Order."