Thread: How long before you get reply

On 29th January I unknowingly drove in a bus lane in Wicker, Sheffield I posted on here about it and looked on internet about anything about it that I could appeal and noticed that on the photo they sent me with the letter that the suposed bus lane (or at least lane I was in) did not have solid white line to show it was a bus lane. I emailed them explaining I'd like to appeal on the grounds that there was no solid white line and asked for a photo of me driving in the lane where it said bus lane as I don't remember seeing it say that it was a bus lane. I got a reply back on the 5th Feb just conferming they was looking into my appeal. Now I have not heard anything else from them so was wondering how long they normally take to make a dicission and how likely it is that I will win. To be honest if they don't accept my appeal I'm tempted to just pay it the reduced price to get it done with. Is there a limit on how long they can take to tell me their decission?

was this a formal appeal or an informal one ? some councils tend to be tardy - and then whack you with an increased penalty.

I'm not sure whats the difference?

This bus lane is absolutley notorious for confusing drivers, so much so that the adjudicators regularly see appeals on this bus lane
see here
http://www.manchester.gov.uk/downloa...ICATION_JC.pdf

they were taking £99,000 per week on this lane at on stage.

There is I believe a fault with certain signage

see here pcn for driving in bus lane, Sheffield City Centre - FightBack Forums

I would take these nupties all the way, they know there is a problem here but they prefer to fiddle the public rather than rectify the signs. Too much revenue involved IMV

Thanks a lot for that. Still not heard back from them so hoping I don't.

Originally Posted by angel88

Thanks a lot for that. Still not heard back from them so hoping I don't.

there is more new on this bus lane, I will let all know when I have the info, someone going to tribunal to prove faults

Could this be why they have not yet replyed to my appeal? I don't want to contact them again without hearing from them incase it makes them carry on trying to get me to pay fine.

Originally Posted by angel88

I'm not sure whats the difference?

If its a formal appeal, then they have 56 days in which to issue a notice of rejection. If they do not issue within this time, then the appeal is deemed accepted and the pcn cancelled.

'issue' within 56 days or receipt by the RK within 56 days ?

Originally Posted by lamma

'issue' within 56 days or receipt by the RK within 56 days ?

Neither, receipt of the appeal by the Council -see below

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 Regulation 5 (my bold)

Duty of enforcement authority to which representations are made

5.—(1) The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.
(2) Where representations are made to an enforcement authority by virtue of regulation 4(1) and in accordance with regulation 4(2), it shall subject to paragraph (1) be the duty of the enforcement authority—
(a) to consider the representations and any supporting evidence which the person making them provides; and
(b) within the period of 56 days beginning with the date on which the representations were served on it, to serve on that person notice of its decision as to whether or not it accepts that—
(i) one or more of the grounds specified in regulation 4(4) applies; or
(ii) there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled and any sum paid in respect of it should be refunded.
(3) Where the enforcement authority accepts that a ground specified in regulation 4(4) applies or that there are such compelling reasons it shall—
(a) cancel the notice to owner; and
(b) state in the notice served under paragraph (2)(b) that the notice to owner has been cancelled and at the same time refund any sum paid in relation to the notice.
(4) The cancellation of a notice to owner under this regulation shall not be taken to prevent the enforcement authority from serving, in accordance with the General Regulations, a fresh notice to owner on another person.
(5) If the enforcement authority fails to comply with paragraph (2)(b) within the period of 56 days there specified, it shall be deemed for the purposes of these Regulations to have accepted—
(a) that such of the grounds referred to in paragraph (2)(b)(i) as were relied upon in the representations apply; or
(b) in a case where paragraph (2)(b)(ii) is relied upon, that there are compelling reasons of the kind referred to in that paragraph,
and paragraph (3) shall apply accordingly.