Bus lane parking fine - 1 minute!, Entered a bus lane 1 minute before restriction ends Options

[adammwrightt]

Hi all

New to the forum.

Short story, caught in a bus lane at 18:58:40, the restriction ends at 19:00:00, would it be possible to appeal on the grounds the time shown is out by a minute?

Many thanks

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[stamfordman]

Did you check a clock before you entered the lane?

Post the PCN - use a site such as Imgur and post the BBCode links.

[adammwrightt]

https://i.imgur.com/VuhuBil.jpg

I’m sure I checked and it was 7:01!

[DancingDad]

Post the PCN as well please.
Certainly worth a challenge based on "I know the time the lane restrictions ends, checked my clock and it was after 7, if nothing else, please exercise discretion for an understandable minor error"

These are ridiculous, I have two clocks in my car plus a phone, all three can show a different time and at least two are supposed to update to the atomic clock.

[cp8759]

Again Mohamed Byanouni v London Borough of Barnet (case reference 218015398A) seems like a good fit (although I'd be more confident if you were out by less than a minute):

"Mr Byanouni appeals because he says that he stopped to pick up his children from school. He says that he is well aware of the restrictions and that the clock in his car showed the time of 4.15pm. The Council says that its clock is calibrated according to the Atomic Clock, ensuring 100% accuracy. The CCTV timing shows the vehicle stopping at 4:14:18.
I accept the evidence of Mr Byanouni that the clock in his car showed the time of 4.15pm. I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second according to the Atomic Clock. A motorist reading an ordinary watch will not be able to know the time calculated to the exact second."

[Incandescent]

For me, this is pure money-grubbing, nothing else, and a good candidate for an appeal based on de minimis, but you'll only know for certain if you take it to adjudication, and an adjudicator may not agree, that is the risk you take, it is a double-or-quits gamble.

BTW, it is not a parking PCN, it is one for bus lanes and the legislation is different. Until you produce the PCN no really useful advice can be given.

This post has been edited by Incandescent: Wed, 22 Aug 2018 - 18:52

[adammwrightt]

https://imgur.com/gallery/MCkAKAj

So here’s what I received

[DancingDad]

And the rest please, all pages
Wolverhampton Bus Lane PCNs were defective.

[adammwrightt]

https://imgur.com/gallery/vXEV4Eq

All pages attached. I also wondered if the notice had to be issued to me within 28 days?

[Incandescent]

https://imgur.com/gallery/vXEV4Eq

All pages attached. I also wondered if the notice had to be issued to me within 28 days?

Indeed it must ! So it looks as if you have a Get-Out-Of-Jail-Free card. Their own PCN has a statutory ground of "procedural impropriety" which doesn't actually exist in the legislation, so you can see they are a load of muppets already ! I would tick this one, though, and also "the penalty exceeded.....etc" and state that the PCN has been issued out-of-time. They have 28 days from contravention date to issue the PCN.

The above advice assumes you are the registered keeper of the car. If it was a hired car, then the hire company get the first PCN and can appeal it on this basis provided they supply name and address of the hiring party, following which the 1st PCN is cancelled and a 2nd issued. Another 28 days is then allowed

This post has been edited by Incandescent: Thu, 23 Aug 2018 - 06:48

[adammwrightt]

Thank you, it is a company car so I’ll have to see how long it takes for the revised notice to be sent to me, imagine I’ll be picking this up again at the end of September early October.

[Incandescent]

Thank you, it is a company car so I’ll have to see how long it takes for the revised notice to be sent to me, imagine I’ll be picking this up again at the end of September early October.

So, as I suspected, the PCN was NOT issued OOT. We see lots of cases like yours and the problem can be detecting delay in sending out the 2nd PCN. It can only be sent out when the council receive the hiring party name and address from the hire company. The 28 day period starts from then.

[DancingDad]

https://imgur.com/gallery/vXEV4Eq

All pages attached. I also wondered if the notice had to be issued to me within 28 days?

When you get your own PCN for this, two errors on it.
Nothing on it to tell you how to view the CCTV footage, should be blurb on written request at an office of your choice.
Adjudicators do seem to accept stating it is online as an alternative but they do not state that even.
Second is ground of procedural impropriety which does not exist in Bus Lane legislation.

If I were you I would ask that the lease company claim not only on the hire ground but also on De Minimus, too trivial to bother with given inaccuracies in time keeping that must be expected.

[Mad Mick V]

+1 on de minimis plus the PCN is utter garbage "will serve a Charge Certificate"???

Regarding post 4---- I didn't realise that DD drove a DeLorean
Mick

[adammwrightt]

Hi everyone

Received the notice in my name today https://imgur.com/gallery/pdpavOk

Before I begin the appeal online, just wanted to run this past the forum to check if you had any advice. The leasing company notified the council of my details on 22/08/18.

Many thanks

[PASTMYBEST]

Along with everything else I would also claim OOT they only have 28 days from date of cancelation of the first PCN It might be close but put them to proof