bus lan ticket

[kam lee]

My dad got issued a PCN on the 16th march '09 for an offence dated back 10th jan 09, my dad cant even remember, but the location of the ticket is as he is approaching a roundabout and there was bound to be traffic, and he took a left turn to go on the a406 i think maximum 100 yards. he is a bus driver. any advice

[crem]

If the offence was on 10th Jan and the first PCN notice he received is 16th March then this excedes the 14 days that the PCN must be issued in. The only reason it can go beyond the 14 days is if he is not the RK of the vehicle he was driving or if he is th RK, then the address held at the DVLA is not up to date.

 

Was he driving a bus or his own private car?

What is the offence alleged to be?

Can you post a pic of the PCN here (remove personal details first)

[green_and_mean]

If the offence was on 10th Jan and the first PCN notice he received is 16th March then this excedes the 14 days that the PCN must be issued in. The only reason it can go beyond the 14 days is if he is not the RK of the vehicle he was driving or if he is th RK, then the address held at the DVLA is not up to date.

 

Was he driving a bus or his own private car?

What is the offence alleged to be?

Can you post a pic of the PCN here (remove personal details first)

 

A Bus Lane PCN must be served in 28 days not 14 and can be issued up to six months later if the DVLA do not provide the identity of the keeper.

[kam lee]

there is no reason why DVLA were unable to to track the car to my parents as we are the registered vehicle keepers, can you advice how i can put a picture of the PCN up

[freakyleaky]

To upload pictures use Image hosting, free photo sharing & video sharing at Photobucket (That is the one I use).

 

Open an account (its free)

Upload your pictures from your pc to you Photobucket account.

Then copy the image code for thet picture and paste it into the reply box on a thread.

It is even easier than it sounds.

[kam lee]

http://i717.photobucket.com/albums/ww174/kamk21/img006fixed.jpg

 

thats a copy of the PCN

[crem]

A Bus Lane PCN must be served in 28 days not 14 and can be issued up to six months later if the DVLA do not provide the identity of the keeper.

 

The time period still well exceeds 28 days and as kam lee states the DVLA hold the correct address details then it would seem that "procedural impropriatey would be the right way to go on this defence.

[green_and_mean]

The time period still well exceeds 28 days and as kam lee states the DVLA hold the correct address details then it would seem that "procedural impropriatey would be the right way to go on this defence.

 

Whether or not the DVLA has the address is not relevant if they can prove the DVLA failed to supply it the Council can send out the notice later than 28 days underthe law. I'm not suggesting that is the case, but that is the law, the Council are not liable for any shortcomings in the DVLAs system.

[crem]

the Council are not liable for any shortcomings in the DVLAs system.

 

...and as we all know from the DVLA section in CAG, the DVLA don't think they are liable for any of the shortcomings in the DVLA's systems either!

[kam lee]

so which grounds should i write/appeal on then in your opinion

[crem]

Appeal on the "procedural impropriatey" item as, in the absence of any proof to the contrary, you must assume the DVLA provided the correct address information when asked. It will be up to the council to prove this was not the case and explain why the PCN was issued out of time.

[kam lee]

I would like to appeal this PCN on the grounds of procedural impropriety as the offence that occurred was on the 10th of January 2009, and the notice has been serviced on the 16th March 09. It has taken over 28 days to serve this notice.

The other comments I would like to make is that the car in the picture isn’t fully in the bus lane, as there was traffic ahead and I was taking a left turn to get on the A406.

I would therefore like you to reconsider this PCN.

Yours sincerely

[crem]

I would like to appeal this PCN on the grounds of procedural impropriety as the *alleged* offence that occurred was on the 10th of January 2009, and the notice has been serviced on the 16th March 09. It has taken over 28 days to serve this notice.

 

The other comments I would like to make is that the car in the picture isn’t fully in the bus lane, as there was traffic ahead and I was taking a left turn to get on the A406.

 

I would therefore like you to reconsider this PCN.

 

 

Yours sincerely

 

How close to the end of the bus lane were you? You would need to be fairly close (10 or 15mtrs or so) to the end to then claim it is reasonable, whilst avoiding queueing traffic, to have crossed through the lane to execute the left turn.

[kam lee]

the problem is i cant remember but considering my dad is a bus driver i would take a guess and say fairly close but can not be sure

[kam lee]

if you look at the picture, the car isnt fully in the bus lane either

[green_and_mean]

if you look at the picture, the car isnt fully in the bus lane either

 

The car doesn't fully need to be in the Bus lane for the contravention to take place, also bear in mind the photo is just a still from a DVD/VHS and the rest of the tape may show the contravention better.

[crem]

the problem is i cant remember but considering my dad is a bus driver i would take a guess and say fairly close but can not be sure

 

Are you sure he didn't have a mental moment and think he was at work in his bus?

[Britainsworstdriver]

How close to the end of the bus lane were you? You would need to be fairly close (10 or 15mtrs or so) to the end to then claim it is reasonable, whilst avoiding queueing traffic, to have crossed through the lane to execute the left turn.

 

Perhaps you could expand on that? Where exactly does it say in the highway code or the RTA that you may drive in a bus lane during its hours of operation because there is a queue ahead? It doesn't

 

That is incorrect information. There is no reasonable. I can assure you that my local driving examiners will fail you if you go in 3 inches early never mind yards!

 

If you drive in a bus lane during its hours of operation, you are comitting an offence. The OP's dad is a bus driver, he above all should know better.

[crem]

FOrtunately ours wouldn't

[Britainsworstdriver]

Fair enough.

 

The OP, before you send that letter change to read The ALLEGED offence.

[kirat26]

i think you are more likely have a chance if you appeal on the grounds of " de minimis".

[kam lee]

thanks guys i sent the letter i will let you know the outcome

[kam lee]

guess what that part of the bus lane is no longer bus lane as of this week

[crem]

guess what that part of the bus lane is no longer bus lane as of this week

 

Any stated reason why?

[kam lee]

nope just the painting and road marking all changed as of monday