Enforcement Notice - Being in Bus Lane? Advice Please

[LB145]

Recently received an Enforcement Notice from my local council for the following traffic contravention:

34 Being in a Bus Lane

Date of offence 27 December 2009

 

Date of Notice 02 February 2010

 

28 Days to pay

 

The situation - please bear with me as it is hard to explain the layout of the road.:

 

This is a one way road that has traffic coming off of a dual carriageway, traffic emerging from a roundabout and a tram line that also uses the road all converging into one lane. The single lane leads into this road that leads to the multi storey carpark , at the entrance of the carpark there is a filter lane to the left that allows you to drive back round the one way system , there is a tram running alongside, also used as a bus lane. The buses and trams carry on up the road not turning off.

 

I found myself in this absolutely huge congested road on the 27th Dec (sales were on) I was in the lane going towards the carpark, having been in this queue for an exceptional long time (bearing in mind I ws not entering the carpark) as most cars were waiting for entry into the carpark. There was absolutely no trams or buses blocking or in sight - I like the other vehicles previously pulled into the left hand lane that led into the no carpark filter lane so as I could continue my journey forward.

 

Is there a time limit on issuing the enforcement notice? or is there a case to appeal? -

[Guest wino]

Once you enter the bus lane you have commited the offence there is no time limit. The only way as I see it you can appeal is:

 

1. There was inadaqute signing to say buses only.

2. You where directed into the lane by a Policeman.

3. You entered the lane to pass an accident or broken down vechicle.

[MrShed]

You entered the bus lane, congestion is not an excuse for this.

 

Your only get out IMO is if the bus lane is unenforceable generally (i.e. signage) as opposed to due to specific circumstances.

[patdavies]

Once you enter the bus lane you have commited the offence there is no time limit.

 

The regulations contradict you on this (my bold)

 

The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005

 

Penalty charge notices

8. —(1) Where an approved local authority have reason to believe that a penalty charge is payable under Part 2 with respect to a vehicle, they may, in accordance with paragraphs (2) and (5) below, serve a notice ("penalty charge notice") on the person appearing to them to be the owner of the vehicle or on the person appearing to them to be the person liable to pay the charge.

 

(2) Subject to paragraph (3), a penalty charge notice shall be served before the end of the period of 28 days beginning with the detection date.

 

(3) Where—

 

 

(a) within 14 days of the detection date an approved local authority have made a request to the Secretary of State for the supply of relevant particulars; and

 

(b) those particulars have not been supplied before the date after which the authority would not be entitled to serve a penalty charge notice by virtue of paragraph (2),

 

the authority shall continue to be entitled to serve a penalty charge notice for a further period of six months beginning with the date mentioned in sub-paragraph (b).

[lamma]

check that the bus lane is laid and marked correctly. many have flaws expecially in the 'lead in'.

[crem]

Is there a time limit on issuing the enforcement notice? or is there a case to appeal? -

 

28 days to issue the PCN unless they can justify why this time limit was exceeded.

 

eg is it a lease car where the RK is a company? Is it a company car so they wrote to your company first but were then referred on to you?

 

Are you correctly recorded as the RK with the DVLA at your current address? if so then you may have grounds for "procedural impropriatety"

[Guest wino]

The regulations contradict you on this (my bold)

 

The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005

 

 

I meant there is no time limit in the bus lane.You do not have to be in it for a certain length of time once you enter it the offence has been comitted.

[LB145]

28 days to issue the PCN unless they can justify why this time limit was exceeded.

 

eg is it a lease car where the RK is a company? Is it a company car so they wrote to your company first but were then referred on to you?

 

Are you correctly recorded as the RK with the DVLA at your current address? if so then you may have grounds for "procedural impropriatety"

 

Yes RK - can you elaborate more on "procedural impropriatety"

 

Thank you all for taking the time - much appreciated

[crem]

If there is no valid reason for them not to have issued the PCN to the RK, who is correctly recorded as such on the DVLA systems, has been the RK for a sufficient length of time and has not moved house so there is no doubt that the DVLA record was correct when they applied for your details, then there has been a procedural error by not issuing it within 28 days.

 

The option reasons to dispute on the back of the PCN should have an option of "Procedural Impropriately" which covers this situation.

[LB145]

If there is no valid reason for them not to have issued the PCN to the RK, who is correctly recorded as such on the DVLA systems, has been the RK for a sufficient length of time and has not moved house so there is no doubt that the DVLA record was correct when they applied for your details, then there has been a procedural error by not issuing it within 28 days.

 

The option reasons to dispute on the back of the PCN should have an option of "Procedural Impropriately" which covers this situation.

 

 

Will check this out - thx

[LB145]

28 days to issue the PCN unless they can justify why this time limit was exceeded.

 

eg is it a lease car where the RK is a company? Is it a company car so they wrote to your company first but were then referred on to you?

 

Are you correctly recorded as the RK with the DVLA at your current address? if so then you may have grounds for "procedural impropriatety"

 

 

Does this still apply if a Local Council have issued the enforcement notice?

[LB145]

I have just been back down the road and taken photos to substantiate my appeal - apart from a sign indicating "one way" back at the start of the road where the traffic lights are there is no other signs - so once you have entered the road - the bus lane does not have different colour tarmac - as you approach the carpark there is road markings stating two laneS "CAR PARK" and "AHEAD ONLY". During busy periods the traffic leading to the carpark is bumper to bumper therefore you cannot see any of the words under the cars !!!

[newmoses]

for advice and pictures of bus lanes go to tickty fighter

[LB145]

for advice and pictures of bus lanes go to tickty fighter

 

Thanks for the pointer - it confirmed the 28 days to issue the penalty

[LB145]

Does anyone have a template letter for a appeal with regardt o the 28 day - I have it all going onin my head but not good at putting it in words - would like to to sound more official and informed!

[LB145]

Wording I used on the Details box was:

 

"From the date of the alleged offence taking place XXXXX and the date of the Notice of Enforcement XXXXXX plus receipt of the notice XXXXXXXX to the registered keeper of the vehicle, the time elapsed over 28 days of the alleged offence I believe it is unfair and prejudice to me and would render and proceedings against me to be unfair."

 

REceived a letter yesterday fromthe council - my representation made has been accepted and the Penalty Charge CANCELLED!

 

THANK YOU TO ALL WHO POINTED ME IN THE RIGHT DIRECTIN AND GAVE ADVICE :D:D:D

[sailor sam]

Hi,

 

Good to hear the outcome.

 

I've read your thread and would pass the following comments;

 

Obviously its academic now, but from the way you described the circumstances, I would of thought that if your progress was being impeded by cars queing for a carpark (which is an offence in itself if they are obstructing the normal flow of traffic) and your only option were to use the bus lane, then I would have used that as mitigating circumstances. It happened to me a number of years back in Wolverhampton and it was also thown out at the appeal stage for these very reasons. It would of been interesting to take a look on Google Street View and check this but obviously it dosn't matter now.

 

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[green_and_mean]

Wording I used on the Details box was:

 

"From the date of the alleged offence taking place XXXXX and the date of the Notice of Enforcement XXXXXX plus receipt of the notice XXXXXXXX to the registered keeper of the vehicle, the time elapsed over 28 days of the alleged offence I believe it is unfair and prejudice to me and would render and proceedings against me to be unfair."

 

REceived a letter yesterday fromthe council - my representation made has been accepted and the Penalty Charge CANCELLED!

 

THANK YOU TO ALL WHO POINTED ME IN THE RIGHT DIRECTIN AND GAVE ADVICE :D:D:D

 

The enforcement notice is the second notice you get after the PCN there is no 28 day limit for the enforcement notice, so I suspect something else was the reason the PCN was cancelled, still a good result for you though.