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Refund of Bus Lane Fine

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
16 replies 7.3K views
landmarklandmark Forumite
98 posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
  • On November 2009 I was caught on camera for being in a bus lane.
  • 1 Week later I paid the reduced fine even though I had been 'caught out' (tricked) by ambiguous and unclear signage.
  • A few months later I read in my local paper that many others caught out in the same bus lane appealed against the penalty and were exonerated. My local paper and the local law society were calling for my Council to 'do the right thing' and refund the 1000+ motorists who like me were tricked by the poor signage, but the Council were adamant that they were not to refund anyone, but sit on this 'cash cow'.
  • After threatening to take the Council to the Small claims Court I have now filed an application to sue the council for the cost of the fine plus interest and incidental expenses.
  • Watch this space;)
If it moves; sue it!
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Replies

  • peter_the_piperpeter_the_piper Forumite
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    Please post this also on pepipoo.com as it would be of interest to them. They may also be able to guide you if you need any help.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Please post this also on pepipoo.com as it would be of interest to them. They may also be able to guide you if you need any help.
    You will now find my post together with another lady who was tricked by this council cash cow before me.
    Cheers
    If it moves; sue it!
  • peter_the_piperpeter_the_piper Forumite
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    It might have been better to start your own post and refer to the other ladys one. They get very confused if there are more than one victim in a single post due to the large number of posts they get.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • It might have been better to start your own post and refer to the other ladys one. They get very confused if there are more than one victim in a single post due to the large number of posts they get.
    By 'post' you mean start my own 'thread' right;)
    If it moves; sue it!
  • peter_the_piperpeter_the_piper Forumite
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    Yep....................
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Good luck with that. I thought you were not allowed to drive in a bus lane full stop unless you are turning... Is it not in the highway code?
    one of the famous 5:kiss:
  • C_MababejiveC_Mababejive Forumite
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    Good luck with that. I thought you were not allowed to drive in a bus lane full stop unless you are turning... Is it not in the highway code?


    You can drive in the bus lane if you enter the bus lane during times when it does not exclusively operate as a bus lane..typically 0700-1000 and 1600-1900. However if no times are shown,then it is a permanent bus lane. It is one of my pet annoyances that people insist in NOT driving in bus lanes when they are allowed to do so.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • edited 29 August 2010 at 4:27PM
    peter_the_piperpeter_the_piper Forumite
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    edited 29 August 2010 at 4:27PM
    Good luck with that. I thought you were not allowed to drive in a bus lane full stop unless you are turning... Is it not in the highway code?
    Bus lanes are only bus lanes if the council has complied fully with the legislation which governs the placing of a bus lane and have correctly signed and lined it. Any deviation is not allowed
    . They cannot just put a lane in without correctly fulfilling ALL the regs.
    PS Highway code is not law, it is guidance which shows the law but does not make laws itself.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • edited 4 September 2010 at 12:29PM
    landmarklandmark Forumite
    98 posts
    edited 4 September 2010 at 12:29PM
    My claim was issued by the Bournemouth County Court on 1 September 2010 and the same claim was served upon Bournemouth Borough Council legal team on 3 September 2010; they have until 17 September 2010 to reply. Particulars of claim are as follows: -
    PARTICULARS OF CLAIM


    • The Claimant, was alleged by the Defendant to have committed road traffic contravention "Being in a Bus Lane (as defined in Section 144(5) Transport Act 2000 (Contravention Code 34j); PCN number was BB88020477; (driving) in vehicle registration number X491XLJ on 7 November 2009 at 11:37 hrs at Gloucester Road North, Bournemouth.
    • The Claimant paid the fine in good faith on 13 November 2009 (Payment ref: 209909), without knowing that albeit he was caught out by ambiguous signage of poor clarity, the offence may not have been enforceable
    • A ruling was later made by Adjudicator Mr Stephen Knapp at the Traffic Penalty Tribunal, in which he stated that the contravention did not occur and that the signage was not clear enough for the restriction to be enforced. He also stated that the same ruling applied to all cases that were brought before him, on appeal.
    • The Defendant wrote an email to the Claimant on 19 August 2010, disputing the Defendant’s claim and refusing to pay a refund. The Defendant’s reasons for refusing to refund the fine were because they claimed that (a) the Adjudicator’s findings do not apply to those people (such as the Defendant) who have already paid their P.C.N.’s. and (b) The Defendant stated in the same email that they have "written to the adjudicator on this ruling".
    • As outlined in the County Courts Act 1984, the claimant is entitled to interest at the rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of 6% continuing to accrue at the statutory rate until judgment or earlier payment, the daily rate being 0.021%.
    • The claimant therefore asks the court to enter judgment in their favour for the sum of £30 plus interest and other expenses including Stationary, Photocopying, Telephone calls, Travel expenses (Fuel and Parking), amounting to a total of £42 plus interest.
    We await their statement of defence ;)
    If it moves; sue it!
  • CoblcrisCoblcris Forumite
    1.9K posts
    They will probably dispute the venue rather than the claim details.
    We shall see.

    I commend you for taking the field, please do keep us informed.
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