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weedcatcher
Hi,

My wife strayed into a bus lane and a couple of days ago this arrived through the letterbox, unsure if I have grounds to appeal it on two accounts and was hoping someone here could help, any advice would be greatly appreciated.

1) As I understand it a penalty charge notice should be served before the end of the period of 28 days beginning with the detection date. My detection date is 06/07/19 and the date of the notice is 12/08/19 so that's 38 days. I have read that they have up to 6 months to serve it if they need to get my details from DVLA and they applied within 14 days and it took longer than 28 days for them to receive it back. I have been the RK for 3 years so cant see how this would apply to me.

2) If a notice is served by post, the following needs to be included on the ticket and must be accurate, if the penalty charge is paid within 14 days it will be reduced, or that if issued due to CCTV evidence and paid within 21 days, it will be reduced. Says on my PCN the contravention was recorded by a camera observing real time pictures and there is a video I can watch online but doesn't say anything about the 21 days.

Unsure if i'm grasping at straws here and should just pay it or do I have grounds to appeal.

Many Thanks



stamfordman
Is it a lease car?

weedcatcher
Hi, thanks for replying

No its not a lease car, I have owned it since November 2016, i've been the registered keeper since then and its registered at my home address
PASTMYBEST
There is no time limit in the 1996 regs that apply here post the video
weedcatcher
Hi thanks for responding,

The video is on the council's website and I don't seem to be able to download it, I maybe able to get a copy of it if I contact them directly.

So just to clarify they don't have 28 days to issue it and it doesn't have to state on the ticket as recorded by CCTV that i can pay the reduced amount in 21 days.
stamfordman
PM me the details and I'll post the video.

London bus lanes are different regs - you also get a two stage process like a windscreen parking ticket.
stamfordman
We've seen this one before - is the end of lane just out of shot? The straight ahead arrows are a bit misleading.

weedcatcher
Wow, that was quick, thanks

yes just out of shot is a left turn which my wife was making
Incandescent
QUOTE
Unsure if i'm grasping at straws here

Well, I'm sure you are, because the vehicle enters the bus lane shortly after it commences, so hardly de minimis. Presumably your wife was turning left into Graham Road, so would have traversed the whole of the bus lane. Frankly, I would pay the discount if it were me, even though it pains me to say it for this rapacity when there isn't a bus in sight.
weedcatcher
I know, she went in to it too early in my opinion, just thought it was worth a shot checking the ticket had been issued correctly, many thanks for all help and advice
Incandescent
QUOTE (weedcatcher @ Wed, 14 Aug 2019 - 22:12) *
I know, she went in to it too early in my opinion, just thought it was worth a shot checking the ticket had been issued correctly, many thanks for all help and advice

If the PCN contains fatal errors or omissions of content, this can win an appeal at adjudication, but you have to risk the full PCN penalty to find out. When I look at the length of the bus lane, it is so short there is really no reason at all to stray into it if one wants to turn next left. Of course these things are just traps to make money, IMHO, and this was proved to my satisfaction when the Mayor of Liverpool eliminated all bar four bus lanes in the city. The biggest complaint came from the council officials who saw the money from PCN penalties being lost. There has been no significant, or indeed, any impact on bus operations.
cp8759
QUOTE (PASTMYBEST @ Wed, 14 Aug 2019 - 20:58) *
There is no time limit in the 1996 regs that apply here post the video

Not quite true an Enforcement Notice must be served within 6 months, which means a PCN must be served at the latest 28 days before the 6 month limit is up.

weedcatcher, please use imgur.com or imgbb.com to host the pictures, tinypic isn't loading.
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