Bus lane camera penalty charge

skiddy2k
skiddy2k Posts: 1,627 Forumite
hi all,
i have a mate who has got a letter for, "the alleged contravention of being in a bus lane on 03/01/06" Quote.

to start off with, he hasnt got a photo of this allegation and will be requesting it as he claims that he didnt go into the bus lane.

the penalty charge notice he recieved also has no contact details on it, only a automated telephone number to call them to pay the fine!
there is only a few words about appealing this notice!
seems bit strange, ill be sending the council a email to clarify the process anyhow.

i wanted to know, the 3rd jan 2006 was a bank holiday.....i was always under the impression that you can use bus lanes on public holidays, and the timings are exempt on these days.
am i right in thinking this?

thanks in advance,
Skiddy

Comments

  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Not sure about the rest of your post, but timings are never exempt unless the notice says so.
    Don`t steal - the Government doesn`t like the competition


  • Cardew
    Cardew Posts: 29,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    Well firstly you don't automatically get a photograph.

    Secondly I think you get sent a NIP(notice of intent to prosecute) and you have to say who was driving.(could be anyone driving the car)

    Thirdly you have the option to pay by cheque with an address.

    I have heard that fraudsters are using this scam - and for speeding.

    I would take the notice to the police.
  • hjb123
    hjb123 Posts: 32,002 Forumite
    As Derrick says it depends on the signs, but generally I would of thought that most bus lanes round where I live are in operation all the time and there are no exceptions, and personally I think that that is right

    Was your friend on the stretch of road in question? If so then he may have gone in the bus lane without realising.
    Weight Loss - 102lb
  • carrie483
    carrie483 Posts: 1,868 Forumite
    You only have to go into a bus lane for 1 minute to get a fine. The only reason you can appeal is if:

    You never owned the vehicle
    There was no breach of the bus lane order or regulation
    The vehicle was taken without your consent
    The police are already taking action

    http://www.bromley.gov.uk/transportandstreets/parking/bus_lane_fines_faqs.htm

    That site has got some good info.

    Carrie x
    Accept that some days you're the pigeon and some days you're the statue.
  • carrie483
    carrie483 Posts: 1,868 Forumite
    From what i can find on the net, there is nothing to suggest that you can drive in a bus lane on a bank holiday. What made you think this?
    Accept that some days you're the pigeon and some days you're the statue.
  • Wig
    Wig Posts: 14,139 Forumite
    Bus lanes either stipulate the times on the sign at the entrance to the lane or they do not.

    If this lane has times, read the times and decide for yourself
    If the lane is untimed then the council will have it's own bylaws in relation to how it operates it's buslanes. - ask them.

    You have to use due diligence to identify the driver, it has recently been accepted that due diligence includes requesting a photograph.

    Some cheif constable said that from the back of the head photograph available it was impossible for him to identify the driver, and the charges were dropped. Why it is a different rule for the police than for everyone else, should be a matter for the attorney general, but I suspect the attorney general would qualify for the different rules anyway!

    btw the signs afaik never mention public holidays but they do sometimes mention Mon - Fri it could be possible that a public holiday would be seen in law as a Sunday, that's something you will have to investigate. - Again the council might mention public holidays in their bylaws.
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Wig wrote:
    Bus lanes either stipulate the times on the sign at the entrance to the lane or they do not.

    If this lane has times, read the times and decide for yourself
    If the lane is untimed then the council will have it's own bylaws in relation to how it operates it's buslanes. - ask them.

    You have to use due diligence to identify the driver, it has recently been accepted that due diligence includes requesting a photograph.

    Some cheif constable said that from the back of the head photograph available it was impossible for him to identify the driver, and the charges were dropped. Why it is a different rule for the police than for everyone else, should be a matter for the attorney general, but I suspect the attorney general would qualify for the different rules anyway!

    btw the signs afaik never mention public holidays but they do sometimes mention Mon - Fri it could be possible that a public holiday would be seen in law as a Sunday, that's something you will have to investigate. - Again the council might mention public holidays in their bylaws.


    I do not think it appropriate to have to look at bylaws, what if you are a stranger to the town/city? do you go to the council offices before deciding it is ok to use the bus lane or not? Even a sign saying Mon-Fri does not state "public holidays do not count", as said look at the sign and obey its regulations, don't forget ignorance of the law is no defence, surely a sign that has no times/days on it means 24/7. that is the way I would interpret it
    Don`t steal - the Government doesn`t like the competition


  • Wig
    Wig Posts: 14,139 Forumite
    It's entirely appropriate if it leads to a dropping of the charge.

    As to whether it is acceptable to have different rules regarding buslanes throughout the land according to what the council has decided....imo no it is not acceptable, but that is how things stand atm.

    and if there is no times, I too would assume 24/7, but I'm trying to give the OP some glimmer of hope.
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