PCN Bus Lane violation for LD / disabled person in care

unforeseen

Savvy_Sue said:

unforeseen said:

The keeper is liable whether they were the driver or not. 
Capacity, physical or mental, is not a factor. 

As things stand, the keeper is unable to name the driver so liability falls back to them. They will not be interested in trying to work out which of the drivers it was. 

It will be up to the keeper to find which it was and recover the fine from them. 

I'm not sure it's that clear cut. Pepipoo is the place to ask, but certainly there is precedent for the 'unable to identify driver' defence.

OP, did you ask for photo evidence, and did that help?

Maybe councils have done it before but it's not one of the statutory or non-statutory grounds for appeal. 

https://www.trafficpenaltytribunal.gov.uk/i-have-received-a-penalty-charge-notice-but-was-not-the-driver-of-the-vehicle/ 

Savvy_Sue

unforeseen said:

Maybe councils have done it before but it's not one of the statutory or non-statutory grounds for appeal. 

https://www.trafficpenaltytribunal.gov.uk/i-have-received-a-penalty-charge-notice-but-was-not-the-driver-of-the-vehicle/ 

To be fair, my http://www.pepipoo.com/ experience is a way back, and the case I remember relates to speeding rather than a bus lane. 

What was clear then, was that accepting points if you knew you had not been driving was wrong. 

But if points are not involved, maybe less clear cut. 

Back to the photo evidence ...

RobinHill

Hi there, Thank you for the replies. The photos only show the vehicle as it is dark and raining. However it seems that the care provider have paid the charge.