Bus Lane Video Camera

[JackieJ]

Hello all,

I've had a look through some of the bus lane threads and haven't come across one like mine yet. I was going to a venue for work purposes and I went into a bus lane as I couldn't see any other way of getting there. I've had a letter from the council saying that I was videoed on the bus lane and they are charging me £30. There were no signs to say there were video cameras on the stretch of road and had there been, there would have been no way I would have gone on it.

I'm not saying that I shouldn't have been in the bus lane - my fault entirely but what I'm querying is the council not putting up signs to say there are video cameras on that bus lane? Are they obliged to give you warning of this as it seems a bit sneaky?

Grateful for any advice!

Jackie

[JackieJ]

Oh and I have just noticed that they have got the date wrong on the notice - does that make any difference?

[Esinem]

Yep, I believe so, especially if you can prove you were elsewhere on that date. They are accusing you of committing an offence on date x. You did not commit it on date x. Not guilty.

[sailor sam]

In answer to your principal question; there is no requirement to have signs to warn drivers of the presence of enforcement cameras. I'm a tad surprised that you say 'if there had been camera signs, you would not have used the bus lane'. Its the bus lane signs themselves you should be obeying. Having said that, the signage/road markings need to be compliant so if you give us the location, we can take a look on street view to check it out.

 

I'm assuming that the letter is a PCN and if the wrong date of the offence is on it then it is flawed. Your defence would be that you were not at that location on that date. The video image should have the correct time/date on it which means I believe that they could cancel the original PCN as no offence was comitted on that day and deal with the matter as a seperate 'new' offence.

[crem]

The video image should have the correct time/date on it which means I believe that they could cancel the original PCN as no offence was comitted on that day and deal with the matter as a seperate 'new' offence.

 

 

If he waits until the deadline to respond to the PCN, claiming the contravention did not occur, then they will not have sufficient time to issue a new "corrected" PCN for the right date within the 14 days limit

[lamma]

they can't re-issue.

[sailor sam]

they can't re-issue.

 

Not for the same offence no, but if the OP appeals by saying the offence wasn't committed on that day then they can cancel the PCN thus satisfying that 'offence' and then there is nothing stopping them issuing a PCN for the 'new' seperate offence supported by the video evidence. However, as Crem has pointed out if the OP waits untill near the dead-line to respond, then the 14 days from which to serve the PCN from the offence being committed will most likely expire anyway.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[lamma]

if they do that they open up a huge can or worms re their 'approved device'. the erroneous PCN being evidence.

see this http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/certapproveddevices.pdf

 

they may be daft enough, who can tell.

[green_and_mean]

if they do that they open up a huge can or worms re their 'approved device'. the erroneous PCN being evidence.

see this http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/certapproveddevices.pdf

 

they may be daft enough, who can tell.

 

What relevance has that got to do with putting the wrong date on the PCN, the approved device doesn't type out the PCN someone in the office does?

[lamma]

read what is says about embedded date and time information and image requirements. Plus the first PCN is evidence that their PCNs can not be relied upon - which is nice of them to give ! As we know the PCN is not subject to certification. SO this case would nicely open examination of their procedures on the PCN side - why is the date and time not auto-populated to the PCN ? or is it ? ? ?

[sailor sam]

read what is says about embedded date and time information and image requirements. Plus the first PCN is evidence that their PCNs can not be relied upon - which is nice of them to give ! As we know the PCN is not subject to certification. SO this case would nicely open examination of their procedures on the PCN side - why is the date and time not auto-populated to the PCN ? or is it ? ? ?

 

You seem to reffering to a problem with the 'approved device'. I believe a PCN is issued using the information from the CCTV image which may well have the correct time/date on it. The details on the PCN though, may have been incorrectly entered by an administrator which does not mean the 'approved device' is in someway inaccurate. It would be interesting to see the image from the CCTV footage and compare it with the time on the PCN and if indeed there is a descrepancy, I would suggest the OP waits untill 5 days befor the time limit before appealing.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[lamma]

why is the date and time not auto-populated to the PCN ? or is it ? ? ?

[green_and_mean]

You seem to reffering to a problem with the 'approved device'. I believe a PCN is issued using the information from the CCTV image which may well have the correct time/date on it. The details on the PCN though, may have been incorrectly entered by an administrator which does not mean the 'approved device' is in someway inaccurate. It would be interesting to see the image from the CCTV footage and compare it with the time on the PCN and if indeed there is a descrepancy, I would suggest the OP waits untill 5 days befor the time limit before appealing.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

My point exactly, a cctv camera doesn't issue PCNs it just records an image, if the person issuing the person cannot type properly that has nothing to do with the reliability of the camera.

[lamma]

unless it auto-populated.

[green_and_mean]

unless it auto-populated.

 

Which it isn't

[JackieJ]

Dear All,

Thanks for all your help! I followed your advice and they've written me a letter saying that on this occasion they are cancelling the notice - hooray!!

Just some advice for others as well, theres another forum site called PePiPoo (nope, I don't know what it stands for!) but it does seem that these PCN's are rife with errors so definately worth challenging! I will, however, NOT be going in a bus lane again! Thanks again all!