Penalty Charge Notices

joey2307

This is for info. from my recent experience rather than a question.
It is regarding a Penalty Charge Notice (PCN) I received from Hillingdon (London) Borough Council.
Rules with some of these things are different in London to the rest of the country.

I received a PCN for driving through a Bus Lane (or Bus Gate, I think to be technical) but on researching the topic I found lots of interesting information that means many of these PCN's can be challenged.

Unwittingly I drove through a Bus Lane - it was a normal road really but then turned into a bus lane to stop other traffic using it as a through route. I was unused to driving in London, being from rural East Anglia, and did not notice until it was too late.

I received a PCN in due course but replied (politely) to Hillingdon council under mitigating circumstances, explaining how it was a genuine mistake, that I was from out-of-town and that I was unfamiliar with bus lanes. As I had no idea where I was, I was just driving around looking for somewhere to have a meal with my wife, I gained no advantage by going through the bus lane.

Hilllingdon council accepted my reassons and cancelled the charge, warning that any future offence would result in the PCN being upheld, which is fair enough.

I still consider myself very fortunate but it did give me a little bit of faith in councils and that they are not money-grabbing at every possible opportunity.

Anyway during my time waiting for my appeal to be considered I was researching the topic online. There are various laws, regulations and restrictions that councils have to follow to make these PCN's enforceable, I'll list briefly what I found but all this came from internet searches.

Firstly the wording on the PCN can result in it being unenforceable. I can't remember the details but it is worth looking into.
Secondly the signs leading up to the bus lane - they have to be certain distances, and even have to have particularly symbols denoting buses, etc.
The markings on the road also have to be at a certain distance, a certain angle, and even the difference between the word "bus" and "buses" can mean a PCN is unenforceable.
I also came across an interesting article on yellow boxes - the criss-cross sections painted on roads (mostly junctions) that you are not allowed to stop in - there are rules on these and about how far across the road they should be depending on whether it is a T-junction or a cross roads.
There is a whole document somewhere about how big signs should be and how road markings should be.

I am going by memory so don't quote me word for word on any of the above but I hope it may inspire someone to stop and consider appealing a fine rather than simply paying up for a quiet life!

My point is is that if you do receive a charge it is worth looking into. I was fortunate in that the council accepted my reasons for making a genuine mistake. But there are plenty of other reasons why the PCN may be unenforceable and you will be able to get the PCN cancelled. I was reading that a high percentage simply pay up without questioning the circumstances behind the offence.

I should point out that you'll need to be quick with any appeal as the fine goes up after a fortnight (I think) - although they should put that fortnight on hold whilst they look into your appeal.

Hope this helps someone avoid paying an unfairly or harshly issued PCN.

sarahg1969

You are absolutely right. I think the majority of people just assume that the council wouldn't make mistakes, and that if they get a PCN, they are banged to rights. It's always worth checking out before you put your hand your pocket. If the councils expect the driver not to make even the tiniest mistake, then they themselves must be above reproach.

Keith

joey2307 wrote: »

I received a PCN in due course but replied (politely) to Hillingdon council under mitigating circumstances, explaining how it was a genuine mistake, that I was from out-of-town and that I was unfamiliar with bus lanes.

What a load of nonsense. I live in town, does that mean I have no idea how to drive in a rural area?

Wig

Not nonsense, he should obviously know what a bus lane is, but as he is not from that area he was unfamiliar with them. There are parts of the UK where an average road user will not come across any bus lanes, so they will be 'unfamiliar' and he was probably slightly stressed out at the time trying to find his way somewhere, ended up in a bus lane by mistake, missed the signs etc.

In my neck of the woods we don't have multiple connected roundabouts, So if I was to go to MK I'm sure I would find the "magic roundabout" a bit of a stress to navigate.

coldstreamalways

Probably, in fact if you drive near me I expect you'll put fog lights on when it's frosty, slow down and pull in every time another car comes the other way and slam the anchors on if a pheasant runs out in front of you. Soooooo frustrating driving behind a townie.:p

Keith

Wig wrote: »

In my neck of the woods we don't have multiple connected roundabouts, So if I was to go to MK I'm sure I would find the "magic roundabout" a bit of a stress to navigate.

I could excuse that, as you would be in Swindon, Hemel Hempstead or Colchester

Hintza

What's a bus lane?

worried_jim

What's a bus ?

spiro

worried_jim wrote: »

What's a bus ?

If you see the vehicles that drive through the Bus Only sign into the bus station in Stevenage it can be anything from a large vehicle that holds 50 people to a Smart car and anything in between.