Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have recieved a penalty for travelling in a bus lane. In my case I was crossing the end of the bus lane and the pictures clearly show that my car never had more than 2 wheels in the bus lane. I have requested information from the council as to what actually constitutes an offence i.e. one wheel crosses the lane for 1 yard or all four wheels are in the bus lane for 1 yard etc. I have searched the regulations for bus lane penalties and can not find a definition on when an offence is committed. To add to the issue the section of bus lane where the offence occurred is immediately adjacent to a one way left turn. At this junction it is most likely that drivers will cross the bus lane in order to be able to turn left and this is shown clearly by the wear patterns on the white lines. The council has suggested that when turning accross a bus lane no offence is committed. There does not appear to be any defininition of what turning accross a bus lane is so why it should be an offence when turning accross traffic lanes and not an offence when turning from a junction is unclear. Does anyone know where either of these definitions can be found? Thanks, Nigel.
Any part of any wheel crossing the white line constitutes a contravention (it's not an offence). Some Councils do publicise a policy of not enforcing if you are turning left and travel for less than a certain distance i.e. 20m. However, this is discretionary, nothing in statute. When challenged Councils will always fall back on the legislation whatever they might promise.
For such a minor transgression you could argue 'de minimus'.
Always worth checking that signage and roadmarkings are compliant - or bus lane is unenforceable.
Something I've been wondering with cases like this:
Is there any mileage in claiming de minimis at the initial stage, and if they reject, sending a freedom of information request for details of the times they have argued de minimis from their own side? It could be quite revealing.