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Whilst making representations against a bus lane PCN I read through the London Local Authorities Act 1996. I came across something very interesting and I would like to put it to our experts here in the forums.

 

In SCHEDULE 1 Paragraph 2 (4) © states the following:

 

(4) The grounds referred to in sub-paragraph (1) above are—

© that at the time the alleged breach of such order or regulations took place the recipient was not in charge of the vehicle.

 

PATAS read this paragraph as written on their website

http://www.patas.gov.uk/tmaadjudicators/grounds_buslanes.htm

The person who was in control of the vehicle at the time was in control without my consent

For example, the vehicle was driven in the bus lane after being stolen.

 

No where in the Act does it say that the vehicle must have been taken without consent. I would very much appreciate if someone could enlighten me.

 

If you read further in sub-paragraph 7 it states the following:

(7)Where the ground mentioned in sub-paragraph (4)© above is relied on in any representations made under this paragraph, those representations must include a statement by the person making the representations of the name and address of the person whom he believed to be in charge of the vehicle at the time of the alleged breach of the order described in subsection (2) of the said section 4.

If it was stolen how do I know the name and address of person in charge? that makes it easier for employers.

 

If it is hidden somewhere please ignore my ignorance

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The London Local Authority acts tend to get amended as they get a new version, the one quoted on the paperwork is the one when the regulation got introduced 1996 for bus lanes, 2003 for moving traffic, there are others with minor changes such as the 2000 and 2008. The Traffic management Act also amended some of the regulations.

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