Bus Lane Penalty Charge Notice. Time limits ?

[Red 4]

Does anybody know the rules in relation to the servivce of an enforcement notice in relation to contravening a bus lane ? ie. time limits.

I believe the council has 14 days from the date of offence to apply for registered keeper details from DVLA. Assuming this was done and DVLA replied promptly is there a time limit for service of the penalty charge notice following the council receiving r/k details ?

Further, is there a time limit for the council to respond to an appeal ? The offence was caught on CCTV and an appeal was lodged re; signage - does not conform to TSRGD - no advanced warning of bus lane.

Thanks.

Edited by Red 4 on Monday 28th January 13:26

[Dwight VanDriver]

As I understand it the same rules for Bus Lane Contraventions apply as that in the issue of a parking PCN.

They have 28 days to serve PCN from date of contravention but this can be extended to 6 months,
providing within 14 days of the contravention, they have applied to DVLC and have not been supplied with
details in 28 days.

AS to appeal in the first instance to LA after Notice to Owner (fine not paid in 28 days) and not Parking Adjudicator, LA have 56 days to respond with Notice of Rejection.
(The Civil Enforcement of Parking Contraventions (England)
Representations and Appeals Regulations 2007 Reg 5 (2)(b))

dvd

Edited by Dwight VanDriver on Monday 28th January 14:49

[Red 4]

Thanks dvd.

I found The Bus Lane Contraventions Regs 2005 which state;

8(2) Subject to paragraph 3, a PCN shall be served before the end of the period of 28 days beginning with the detection date

8(3) Where (a) within 14 days of the detection date a local authority have made a request to The Secretary of State for the supply of relevant particulars and

(b) those particulars have not been supplied before the date after which the authority would not be entitled to serve a penalty notice by virtue of paragraph 8(2)

the authority shall be entitled to serve a PCN for a period of 6 months beginning with the detection date.

In summary I read this as 28 days to serve PCN. Local authority need to apply for r/k details within 14 days. If DVLA do not reply within 28 days beginning with date of offence then it is 6 months to serve PCN.

I can't find anything about rejecting or allowing submissions prior to appeal other than local authority must respond within a "reasonable time". Crap legislation imo.

[Dwight VanDriver]

>>>>>I can't find anything about rejecting or allowing submissions prior to appeal other than local authority must respond within a "reasonable time". Crap legislation imo.<<<<<<

Yes I see what you mean. We live and learn (duly noted my me).

I suppose because of the time limit mentioned in parking regs then this possibly could be used to limit the @reasonable time@ that is mentioned in the Bus Lane Regs.

dvd

[ant leigh]

That seems really bad legislation.
They apply within 14 days DVLC are tardy and reply in 29 days so that gives the LA another 20 weeks to issue notice instead of the normal 4 weeks?
Or am I missing something?

[ant leigh]

Red 4 said:

Does anybody know the rules in relation to the servivce of an enforcement notice in relation to contravening a bus lane ? ie. time limits.

I believe the council has 14 days from the date of offence to apply for registered keeper details from DVLA. Assuming this was done and DVLA replied promptly is there a time limit for service of the penalty charge notice following the council receiving r/k details ?

Further, is there a time limit for the council to respond to an appeal ? The offence was caught on CCTV and an appeal was lodged re; signage - does not conform to TSRGD - no advanced warning of bus lane.

Thanks.

Edited by Red 4 on Monday 28th January 13:26

Your post makes a key point about why fines based on photographic evidence IMO must be issued in a short period of time and delays should not be permissable.

Signage can easily be changed (and other mitigating factors for that matter) and anyone charged with an offence that they believe is wrong should be able to review the location ASAP before any changes that may occur.

[Red 4]

ant leigh said:

That seems really bad legislation.
They apply within 14 days DVLC are tardy and reply in 29 days so that gives the LA another 20 weeks to issue notice instead of the normal 4 weeks?
Or am I missing something?

I don't think you're missing anything ant....

Also, to support an out of time defence it would be necessary for the r/k to apply to DVLA to to confirm when they suppiled details to the local authority, thus incurring a cost. (I can't see the local authority being quick to supply the info even though they should).