The Motorists' Guide to Appealing Parking, Bus Lane, Yellow Box Junction and Moving Traffic Tickets

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Bus Lane Tickets and Notices
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Check to see if the information on your ticket and subsequent notices complies with the law. You'll be surprised how many authorities get it wrong!

 

The legislation has been summarised below. The parts in italics below have been copied from the relevant regulations with links to the official site for confirmation.

 

Bus Lanes in London

 - The Ticket

 - Enforcement Notice

 - Notice of Rejection

 

Bus Lanes outside London

 - The Ticket

 - Notice of Rejection

 

Example of a Non Compliant Ticket in London

 

 

Bus Lanes in London

 

In London, the London Local Authorities Act 1996 (amended 2000) gave London councils the powers to enforce bus lane restrictions. The original act made the driver responsible but the 2000 amendment (in schedule 2) made the owner accountable for the PCN.

 

The Ticket

  • When referring to the period in which you are given to pay, a bus lane ticket in London must refer to the 'date of the notice'. Barnet recently got this wrong and as a result all their tickets were invalid.

Part II of the 1996 act specifies what must be stated on the ticket:

 

(3) A penalty charge notice under this Part of this Act must state—

     (a) the grounds on which the council believe that the penalty charge is payable with respect to the vehicle;

     (b) the amount of the penalty charge which is payable;

     (c) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

     (d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

     (e) that, if the penalty charge is not paid before the end of the 28 day period, an enforcement notice may be served by the council on the person appearing to them to be the owner of the vehicle;

     (f) the address to which payment of the penalty charge must be sent; and

     (g) the effect of paragraph 2 of Schedule 1 to this Act.

 

For point (g) above, schedule 1 was amended by the 2000 act. The amendment means the authority is only obliged to consider representations after an enforcement notice has been served.

 

It's quite difficult to read and understand this section by swapping between the two acts, so I've rewritten the revised paragraph 2 of schedule 1 below:

 

Representations against enforcement notice

2 (1) Where it appears to a person on whom an enforcement notice has been served under paragraph 1 above (in this Schedule referred to as “the recipient”) that one or other of the grounds mentioned in sub-paragraph (4) below is satisfied, he may make representations to that effect to the council who served the notice on him.

(2) Any representations under this paragraph must be made in such form as may be specified by the councils, acting through the Joint Committee.

(3) The council may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the enforcement notice in question was served.

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

(a) that the recipient—

(i) never was the owner of the vehicle in question;

(ii) had ceased to be its owner before the date on which the penalty charge was alleged to have become payable; or

(iii) became its owner after that date;

(b) that there was no breach of an order or regulations of the type described in subsection (2) of the said section 4; or

(c) that at the time the alleged breach of such order or regulations took place the person who was in control of the vehicle was in control of the vehicle without the consent of the owner.

 

The Enforcement Notice

 

After 28 days an enforcement notice is served by the council. Schedule 1 of the 1996 act stipulates what this must contain:

 

(2) An enforcement notice must state—

(a) the amount of the penalty charge payable;

(b) the grounds on which the council believe that a penalty charge is payable with respect to the vehicle;

(c) that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the enforcement notice is served;

(d) that failure to pay the penalty charge may lead to an increased charge being payable;

(e) the amount of that increased charge;

(f) that the person on whom the notice is served may be entitled to make representations under paragraph 2 below (see above) ; and

(g) the effect of paragraph 6 below.

 

In addition from (g) paragraph 6 states:

 

6 (1) Where a council serve a notice of rejection, the person who made the representations under paragraph 2 above in respect of which that notice was served may, before—

(a) the end of the period of 28 days beginning with the date of service of that notice; or

(b) such longer period as a traffic adjudicator may allow,

appeal to a traffic adjudicator against the council’s decision.

(2) On an appeal under this paragraph, the traffic adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 2 (4) above and may give the council concerned such directions as he considers appropriate.

(3) It shall be the duty of the council to whom a direction is given under sub-paragraph (2) above to comply with it forthwith

 

The Notice of Rejection

 

If you appeal against the enforcement notice, paragraph 5 stipulates what the notice of rejection must state:

 

Rejection of representations against enforcement notice

5 Where any representations are made under paragraph 2 above but the council concerned do not accept that a ground has been established, the notice served under sub-paragraph (10) of the said paragraph 2 (in this Schedule referred to as “the notice of rejection”) must—

(a) state that a charge certificate may be served under paragraph 8 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—

(i) the penalty charge is paid; or

(ii) the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge; and

(b) describe in general terms the form and manner in which such an appeal must be made;

and may contain such other information as the council consider appropriate

 

 

Bus Lanes Outside London

 

For Bus Lanes Outside London, The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 applies.

 

The Ticket

  • Note for a bus lane ticket outside London the period in which you are given to pay or appeal must be from the 'date of service of the notice' (as specified in part 3 of the above regs). This means it must take into account postal time. If it doesn't, it's invalid.

  • The ticket must be issued within 28 days of the alleged contravention as per section 8 of the above act (except in extenuating circumstances detailed in section 8, up to a maximum of 6 months).

Section 8 specifies what must be stated on the ticket:

 

(5) A penalty charge notice must state—

    (a) the registration mark of the vehicle involved in the alleged contravention

    (b) the detection date and the time at which the alleged contravention occurred;

    (c) the reasons why the authority believe that a penalty charge is payable;

    (d) the amount of the penalty charge;

    (e) that the penalty charge must be paid before the end of the 28 day period;

    (f) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of service of the notice, the penalty charge will be reduced by one half;

    (g) that representations may be made, on any of the statutory grounds of appeal, to the authority against the imposition of the penalty charge but that representations made outside the 28 day period may be disregarded;

    (h) what are the statutory grounds of appeal;

    (i) the postal address to which representations are to be sent;

    (j) any electronic mail address or FAX number to which representations may be sent as an alternative to the postal address;

    (k) that if at the end of the 28 day period—

      (i) no representations have been made; and
      (ii) the penalty charge has not been paid,

    the authority may increase the penalty charge by a half and take steps to enforce payment of the charge as so increased;

    (l) the manner in which the penalty charge may be paid

    (m) that if the representations are rejected an appeal may be made on any of the statutory grounds of appeal may be made to an adjudicator in respect of a penalty charge; and

    (n) that the recipient may, by notice in writing to the authority, request them—

      (i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or

      (ii) to provide him, free of charge, with such still images from that record as, in the authority's opinion, establish the contravention.

    (6) Where the recipient of the notice makes a request under paragraph (5)(m), the authority shall comply with the request within a reasonable time.

 

As per point (h) above, the PCN must also state what the statutory grounds of appeal are as follows as per section 9 of the above act:

 

9. —(1) The recipient may make written representations on any of the statutory grounds of appeal to the authority against the imposition of the penalty charge; but the authority may disregard any such representations which are received by them after the end of the 28 day period.

    (2) The grounds are—

    (a) that the alleged contravention did not occur;

    (b) that regulation 6(1) (other proceedings pursued) applies;

    (c) in a case where the penalty charge notice has been served on the recipient on the basis that he was the owner of the vehicle concerned, that the recipient—

      (i) never was the owner of the vehicle in question;

      (ii) had ceased to be its owner before the detection date; or

      (iii) became its owner after the detection date;

    (d) in a case where the penalty charge notice has been served on the recipient on the basis that he was the hirer of the vehicle concerned, that he was not liable to pay the penalty charge under regulation 5(2);

    (e) that the recipient was the registered keeper of the vehicle in question on the detection date, but on that date—

      (i) the circumstances were as mentioned in regulation 5(2) (vehicle subject to hiring agreement);

      (ii) the circumstances were as mentioned in regulation 5(3) (vehicle kept by a vehicle trader), and the recipient was either not a vehicle trader or was a vehicle trader but not the vehicle trader keeping the vehicle; or

      (iii) the vehicle was in the control of a person who had assumed control of it without the recipient's consent; and

    (f) that the penalty charge exceeded the amount applicable in the circumstances of the case.

 

The Notice of Rejection

 

If the authority rejects your appeal, they must serve a notice of rejection.

  • Note this should tell you can pay or appeal to an adjudicator within 28 days beginning beginning with the date of service of the notice of rejection ("the appeal period" as specified in section 14 (4)).

In accordance with section 10 this must state:

 

 (3) Where an authority is not satisfied that any of the statutory grounds of appeal is established, the notice served in accordance with paragraph (1)(b) must be a notice stating that they do not accept that the ground has been established ("a notice of rejection").

    (4) A notice of rejection shall—

    (a) state the reasons for the authority's decision;

    (b) state that an appeal against the imposition of the penalty charge may be made to an adjudicator within the appeal period;

    (c) specify the statutory grounds of appeal;

    (d) describe in general terms the procedure for making an appeal;

    (e) state that an adjudicator has power to make an award of costs;

    (f) indicate the circumstances in which the power may be exercised; and

    (g) state that unless, before the end of the appeal period—

      (i) the penalty charge is paid; or

      (ii) an appeal is made to an adjudicator against the imposition of the penalty charge,

    the authority may increase the penalty charge by 50 per cent and take steps to enforce payment.

 

Example of a Non Compliant Bus Lane Ticket in London

 

The period to pay should be from the date of the notice.

 

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