Newham Bus Lane PCN (Another one!)

Coblcris

Indeed. My thanks to you.

sebdangerfield

As you say 'proceedings' I wonder if you are confusing this with criminal matters?

Indeed, thats exactly what i'm thinking. I'm wasn't aware of any civil proceedings for driving in a bus lane? RTRA s.20 is what i'm refering to. I understand that certain councils applied for the de-criminalisation of certain minor traffic offences but that was just parking matters. I saw a file on a collegues desk regarding the above section just the other day.

Neil_B

sebdangerfield wrote: »

Indeed, thats exactly what i'm thinking. I'm wasn't aware of any civil proceedings for driving in a bus lane? RTRA s.20 is what i'm refering to. I understand that certain councils applied for the de-criminalisation of certain minor traffic offences but that was just parking matters. I saw a file on a collegues desk regarding the above section just the other day.

I am not aware of any criminal enforcement of bus lane infringement. All are decriminalised.--- except perhaps some outside major towns/cities?

Councils enforce parking, moving traffic and bus lanes.

The relevant legislation for London incorporates the RTRA1984 that you refer to. Probably (can't be arsed to check) the 2005 Regs for outside London also incorporate it. this still does not make it a criminal matter.

sebdangerfield

I'm almost with you, please bear with me!

I know there was a large scale 'de-criminalisation' of parking that was brought about after 2003 but how can councils enforce moving traffic like you say?

I can assure you that Police in the west midlands still issue fpns or report for summons for offences like bus lane enfringment etc.

Neil_B

sebdangerfield wrote: »

I'm almost with you, please bear with me!

I know there was a large scale 'de-criminalisation' of parking that was brought about after 2003 but how can councils enforce moving traffic like you say?

LLA&TFL Act 2003. Prohibited turns, box junction contraventions, etc.

For outside London --- see last comment.

sebdangerfield wrote: »

I can assure you that Police in the west midlands still issue fpns or report for summons for offences like bus lane enfringment etc.

I don't dispute it for an outlying area. Also, now you mention it, I don't recall seeing a Bus Lane PCN from Birmingham City Council.

Council Enforcement started earlier than you say. For London LLA Act 1996 as discussed above. For parking, initial decriminalisation was RTA 1991. (Now replaced except Scotland)
Outside it is a long title but basically 'Bus Lane Regs 2005'
You can find them all on 'opsi' or 'statute law'.

---

ALL contraventions were intended to be incorporated into the TMA 2004 but, apart from ballsing it up generally it was specifically ballsed up for enforcement other than parking.
they are trying to correct it and implement eventually - don't hold ya breath.

AliBow

Recieved a letter from Newham today saying I now owe £180 and no longer have the right to appeal it. Still waiting to hear from the DVLA. Starting to get a bit worried that they'll get the baliffs on me before I get it sorted at this rate.

Neil_B

AliBow wrote: »

Recieved a letter from Newham today saying I now owe £180 and no longer have the right to appeal it. Still waiting to hear from the DVLA. Starting to get a bit worried that they'll get the baliffs on me before I get it sorted at this rate.

You don't have a letter! You have a Charge Certificate.

Did PATAS give you a date for a hearing? newham cannot issue a Charge Cert while an appeal to the Adjudicator is pending.
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AliBow

I haven't received date for anything. I didn't make an appeal to the adjudicator because the form says you can only appeal on the reasons stated on the form and those reason don't include the PCN being issued too late. I'm still waiting to hear back from the DVLA. Not sure what to do next!

Neil_B

AliBow wrote: »

I haven't received date for anything. I didn't make an appeal to the adjudicator because the form says you can only appeal on the reasons stated on the form and those reason don't include the PCN being issued too late. I'm still waiting to hear back from the DVLA. Not sure what to do next!

What you do next is to pay!

You have missed your opportunity to appeal. Waiting for a DVLA response was a mistake.

For any future appellants reading -- remember ---- you may submit an appeal to PATAS and send further evidence later.

You only have to state that you wish to appeal and will submit details asap.

Sometimes they set a deadline circa a week before the hearing but technically you can introduce evidence/enlarge on your case, etc. right up to the time of the hearing and at the hearing itself.
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AliBow

Oh crap! I wish they would make this stuff clearer. They must make a fortune just by confusing people! Thanks for the advice anyway.