Bluemoon
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| posted on 7/10/09 at 04:10 PM |
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Bus lane fine how long is an offence valid?
Hi all
Other half has just got a fine for using the bus lane (probably for one of those occasions where it is safer to do it as well  ).
Thing is the alleged offense was months ago, how long a delay between the offense and fine is allowed? Is there a time limit??
at 120 quid a go, how many more might be in the pipe line!!
Sometimes (actually all the time) I really really hate London!!
Dan
[Edited on 7/10/09 by Bluemoon]
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Blackcab
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| posted on 7/10/09 at 04:40 PM |
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Im not sure there is a time, I think theres a lot of old wives tales about
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Bluemoon
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| posted on 7/10/09 at 04:41 PM |
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google found this from Statutory Instrument 2005 No. 2757
The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005:
Penalty charge notices
8. —(1) Where an approved local authority have reason to believe that a penalty charge is payable under Part 2 with respect to a vehicle, they
may, in accordance with paragraphs (2) and (5) below, serve a notice ("penalty charge notice" on the person appearing to them to be the
owner of the vehicle or on the person appearing to them to be the person liable to pay the charge.
(2) Subject to paragraph (3), a penalty charge notice shall be served before the end of the period of 28 days beginning with the detection
date.
(3) Where—
(a) within 14 days of the detection date an approved 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 charge notice by
virtue of paragraph (2),
the authority shall continue to be entitled to serve a penalty charge notice for a further period of six months beginning with the date mentioned in
sub-paragraph (b).
(4) In paragraph (3) "relevant particulars" means particulars relating to the identity of the keeper of the vehicle contained in the
register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.
So is that 6 months from the offence or 28 days??? Clear as mud..
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BenB
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| posted on 7/10/09 at 04:46 PM |
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I think that's
"we'll take as long as we want to serve you a notice and if you don't like it tough"
Amazingly badly worded (as with most government stuff!!). Not surprised the whole sharia law get-out-of-stamp-duty loophole has happened!! LOL!!
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londonsean69
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| posted on 7/10/09 at 04:53 PM |
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The way I read that is;
They have 28 days to serve a notice.
It is however, 6 months, if the Secretary of State has not provided your particulars to them, within 14 days of their request.
Ask when the particulars were requested from SoS, and ask when they were supplied.
Sean
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Bluemoon
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| posted on 7/10/09 at 04:56 PM |
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I think I interpret that as:
Goverment ensures that the local government must tell request divers address within 14 days of offense, but the government has well 6 months to reply
because we are soo soo efficient at looking up a number plate in the DVLA database, could take upto 6 months that...
Dan
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Bluemoon
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| posted on 7/10/09 at 05:00 PM |
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What is even better is that they don't have to tell you when they applied to the government for the details in there letter to you. So the only
way to find out is to appeal from the looks of it..
Dan
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londonsean69
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| posted on 7/10/09 at 05:02 PM |
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actually, reading that again, it seems they can serve a notice up to 7 months from the date of the offence.
[color=Blue](2) Subject to paragraph (3), a penalty charge notice shall be served before the end of the period of 28 days beginning with the detection
date. [/color] - fairly simple, 28 days
(3) Where—
(a) within 14 days of the detection date an approved local authority have made a request to the Secretary of State for the supply of relevant
particulars; [b]and[/b]
(b) those particulars have not been supplied before the date after which the authority would not be entitled to serve a penalty charge notice by
virtue of paragraph (2),
the authority shall continue to be entitled to serve a penalty charge notice for a further period of six months beginning with the date mentioned in
sub-paragraph (b).
That AND at the end of sub-paragraph a is very important. It means, legally, that both of the above must happen.
However, they can still issue a notice for 6 months after the date in para b. That date, is 28 days from the offence.
So 7 months
Again, I would first ask them, on which date they requested the details.
If it was within 14 days, I would then ask them what date they received said details.
Sean
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Bluemoon
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| posted on 7/10/09 at 05:07 PM |
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Thanks Sean, looks like you have sussed it.
I will carefully read the notice tonight. I find it funny how the average joe is meant to work any of this out..
Dan
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MakeEverything
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| posted on 7/10/09 at 05:39 PM |
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quote:
Originally posted by Bluemoon
Thanks Sean, looks like you have sussed it.
I will carefully read the notice tonight. I find it funny how the average joe is meant to work any of this out..
Dan
Thats the point!
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
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londonsean69
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| posted on 7/10/09 at 11:03 PM |
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I got someone off a bus lane fine because the white line varied from the prescribed width by more than 10% 
You should have seen the look on their faces at the appeal, especially when I produced a load of photos with the ruler on there.
Once got someone else off a parking ticket because the signs were too far apart
All of the rules for traffic signs and road markings are in a book called the TSRGD - The Traffic Signs Regulations and General Directions 2002
The (lots of very big and testicle) words can be viewed here -
http://www.opsi.gov.uk/si/si2002/20023113.htm
Alternatively, there is a book available (£30 last time I saw) with all of the pictures in it.
Sean
PS - I used to design motorways and trunk roads
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