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Bus Lane Penalty Notice
dosanjh1
10-12-2016
I've been fined for entering a bus lane and I just wanted to know if I have a leg to stand on to dispute it.

First grumble is that the contravention took place in mid August and I've only received it now. Personally I would have preferred to receive nearer the time of the contravention because it's only a couple of weeks away from Xmas.

Please view this image of where the contravention took place:

https://www.google.co.uk/maps/@51.50...2!8i6656?hl=en

I entered the bus lane to turn left, and you can see the road markings allowing a left turn through the bus lane.

The picture on the notice shows my car in the bus lane, behind the painted white word 'LANE' ie about 5- 10 meters from the white arrow pointing through the bus lane into the left turn.
Tassium
10-12-2016
I think there is probably a contravention. If you had gone into it in the red area it might have been ok.


However there might be a case for the time it has taken to issuing the notice, 13 weeks.

There are websites that deal specifically with this kind of thing.

I think a council have to contact DVLA within 14days of the alleged contravention. Maybe you could ask the council did they ask the DVLA within the time limit?
tealady
10-12-2016
You can't enter the lane until after the solid white line stops.
Finglonga
10-12-2016
Nothing to contest, the solid white line is the bus lane, you entered it too soon I am afraid.
Sluger
10-12-2016
I would contest that the white lines are not clear. They need repainting.
blueisthecolour
10-12-2016
I find it a shame that so many people get motoring fines for unknowingly committing offences. I understand that whole 'ignorance is no defence' thing, but when people are doing their best to obey the rules and be honest but still make a mistake it just seems wrong.

I read the court verdicts in my local paper each week and people who are deliberately committing actual crimes each week get less punishment than a £70 fine. I mean there are people who are court driving without a licence or insurance who only pay £200 odd. . . . . .
dosanjh1
10-12-2016
Originally Posted by Tassium:
“I think there is probably a contravention. If you had gone into it in the red area it might have been ok.


However there might be a case for the time it has taken to issuing the notice, 13 weeks.

There are websites that deal specifically with this kind of thing.

I think a council have to contact DVLA within 14days of the alleged contravention. Maybe you could ask the council did they ask the DVLA within the time limit?”

Thanks, I'll look into the DVLA angle. Guilty or not I will submit a complaint to the council about the absurd length of time it has taken to issue it.

Originally Posted by tealady:
“You can't enter the lane until after the solid white line stops.”

Originally Posted by Finglonga:
“Nothing to contest, the solid white line is the bus lane, you entered it too soon I am afraid.”

I never knew that was the rule - now I know do I won't do it again.
tealady
10-12-2016
Originally Posted by dosanjh1:
“Thanks, I'll look into the DVLA angle. Guilty or not I will submit a complaint to the council about the absurd length of time it has taken to issue it.”

Yes, have a very close look at the appeals process and the wording of the ticket and any regulations that apply as it is ridiculous that you have heard nearly 4 months after.

Here's the regs about how long they have to issue a ticket
http://www.legislation.gov.uk/uksi/2...ulation/8/made
emptybox
10-12-2016
Looking at that Google picture, nobody could get in and out of those white gates on the left without crossing the white line of the bus lane.
dosanjh1
10-12-2016
Originally Posted by tealady:
“Yes, have a very close look at the appeals process and the wording of the ticket and any regulations that apply as it is ridiculous that you have heard nearly 4 months after.

Here's the regs about how long they have to issue a ticket
http://www.legislation.gov.uk/uksi/2...ulation/8/made”

Thanks. It says they have 28 days to serve the notice which they haven't complied with but then further down it talks about 6 months

The contravention date was 19.08. 16 and the notice was issued 8.12.16
Keefy-boy
10-12-2016
Originally Posted by dosanjh1:
“Thanks. It says they have 28 days to serve the notice which they haven't complied with but then further down it talks about 6 months

The contravention date was 19.08. 16 and the notice was issued 8.12.16”

They get the extra six months if the DVLA haven't provided the driver details in time for them to serve the notice within 28 days.
tealady
10-12-2016
Originally Posted by Keefy-boy:
“They get the extra six months if the DVLA haven't provided the driver details in time for them to serve the notice within 28 days.”

Although one would expect a submission to be batched each day, sent off, processed and returned, then letters generated. All done by scheduling various jobs within each system, so that no user input is required and it is all automated.
If a request was submitted on a Monday, I would expect the letter to go out by the Wednesday.
Roush
10-12-2016
Originally Posted by tealady:
“Here's the regs about how long they have to issue a ticket
http://www.legislation.gov.uk/uksi/2...ulation/8/made”

Those regs don't apply in London.

I'm not sure if there is an absolute time limit for the issuing of PCNs by London councils / TFL. The closest I can find is the following statement:

PCNs must be served within 28 days of the date of contravention unless keeper details have not been received from DVLA.

from the Code of Practice for Operation of CCTV Enforcement Cameras in London.

So it seems if the DVLA is slow to provide the information a PCN can still be issued with no time limit. It is perhaps worth appealing on the basis of the 28 days being exceeded though, and seeing what the response is.
tealady
10-12-2016
These regs are great.
Thanks Roush.

Try
http://www.legislation.gov.uk/ukla/1...art/II/enacted

I have read that the 2000 Act amended the 1996 Act but not in respect of the notice period which appears timeless.

It would seem the best approach is to refer to the Code of Practice for Operation of CCTV Enforcement Cameras in London (mentioned by Roush)
https://www.londoncouncils.gov.uk/do.../file/fid/4033
muggins14
10-12-2016
We have a similar bus lane I was fined for being in. It, too, has a turn left arrow before you get to the roundabout - I just make sure I don't enter the lane until I'm past the camera.

It's a new bus lane and it's causes a hell of a traffic jam, with those wanting to turn left having to queue behind those going straight ahead or right (as it's a roundabout at the end). I've sat there for half an hour in heavy traffic sometimes, just waiting to get past the camera to turn left.

Utterly ridiculous.
Evo102
10-12-2016
Originally Posted by muggins14:
“We have a similar bus lane I was fined for being in. It, too, has a turn left arrow before you get to the roundabout - I just make sure I don't enter the lane until I'm past the camera.

It's a new bus lane and it's causes a hell of a traffic jam, with those wanting to turn left having to queue behind those going straight ahead or right (as it's a roundabout at the end). I've sat there for half an hour in heavy traffic sometimes, just waiting to get past the camera to turn left.

Utterly ridiculous.”

And let me guess, most of the time there isn't a bus to be seen. Bus lanes really are a waste of valuable road space.
artnada
10-12-2016
Originally Posted by emptybox:
“Looking at that Google picture, nobody could get in and out of those white gates on the left without crossing the white line of the bus lane. ”

Nor get into the Loading Bays a few yards earlier!
Roush
10-12-2016
Crossing a bus lane for legitimate access is allowed, but you have to cross as close to the required access point as is reasonably possible.
davidmcn
10-12-2016
Originally Posted by dosanjh1:
“The picture on the notice shows my car in the bus lane, behind the painted white word 'LANE' ie about 5- 10 meters from the white arrow pointing through the bus lane into the left turn.”

Originally Posted by Finglonga:
“Nothing to contest, the solid white line is the bus lane, you entered it too soon I am afraid.”

Originally Posted by dosanjh1:
“I never knew that was the rule - now I know do I won't do it again.”

Also, you can't really claim ignorance about it being a bus lane if you're driving over the big words "BUS LANE"

Originally Posted by artnada:
“Nor get into the Loading Bays a few yards earlier!”

Doesn't the bus lane start just after that bay?
Tassium
10-12-2016
Originally Posted by davidmcn:
“Also, you can't really claim ignorance about it being a bus lane if you're driving over the big words "BUS LANE"



Doesn't the bus lane start just after that bay?”

Yes he obviously can. You are referring to a photo not to the events at the time.

99% of people try and obey the law.
artnada
10-12-2016
Originally Posted by davidmcn:
“Also, you can't really claim ignorance about it being a bus lane if you're driving over the big words "BUS LANE"



Doesn't the bus lane start just after that bay?”

No, way back

OP, what time did they say you entered it? The lane is only in operational limited times according to the sign at the start.

See HERE
Andrue
10-12-2016
Originally Posted by dosanjh1:
“I never knew that was the rule - now I know do I won't do it again.”

It's a general rule of driving - do not cross solid white lines.
Originally Posted by emptybox:
“Looking at that Google picture, nobody could get in and out of those white gates on the left without crossing the white line of the bus lane. ”

Except of course for legitimate access
tealady
10-12-2016
Originally Posted by artnada:
“No, way back

OP, what time did they say you entered it? The lane is only in operational limited times according to the sign at the start.

See HERE”

Given it is a camera, I think it is safe to say the offence was in the non permitted time.
frost
10-12-2016
Originally Posted by blueisthecolour:
“I find it a shame that so many people get motoring fines for unknowingly committing offences. I understand that whole 'ignorance is no defence' thing, but when people are doing their best to obey the rules”

they are not doing their best though, as they remain ignorant of simple rules.
dosanjh1
11-12-2016
Originally Posted by artnada:
“No, way back

OP, what time did they say you entered it? The lane is only in operational limited times according to the sign at the start.

See HERE”

It was certainly at the wrong time
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