Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: AnnieBee on September 23, 2024, 02:59:35 am

Title: Re: Bus Gate PCN not received
Post by: AnnieBee on September 24, 2024, 10:03:00 pm
OK thank you for confirming.
Title: Re: Bus Gate PCN not received
Post by: Hippocrates on September 24, 2024, 09:08:01 pm
I would not contact the council.
Title: Re: Bus Gate PCN not received
Post by: AnnieBee on September 24, 2024, 07:58:36 pm
Ok thank you - yes I think that was where I noticed driving over the words Bus Gate! But I do also think he probably (but not definitely as I wasn't paying attention at this point) drove past the camera/bus gate at the end of North Road as we came from the seafront.

But you've answered my question re waiting for the ticket, thank you.  I'll wait and come back if there are further issues.  Many thanks for taking the time to reply. 
Title: Re: Bus Gate PCN not received
Post by: Neil B on September 24, 2024, 07:18:36 pm
This appears to be where you described and if you turned left into trafalgar, as you described, there should be no problem.
https://www.google.co.uk/maps/@50.8278663,-0.1354435,3a,75y,347.85h,77.19t/data=!3m7!1e1!3m5!1sm-C7pZj8VxK06S-4iFOHOw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D12.812073101214096%26panoid%3Dm-C7pZj8VxK06S-4iFOHOw%26yaw%3D347.84910569408936!7i16384!8i8192?coh=205410&entry=ttu&g_ep=EgoyMDI0MDkxOC4xIKXMDSoASAFQAw%3D%3D

FYI Bus Gates outside London are enforced as Bus Lanes.

Even if a PCN was issued and you didn't receive it there is a reset process you can follow, so come back here if that ever happens.
Title: Re: Bus Gate PCN not received
Post by: AnnieBee on September 24, 2024, 07:00:33 pm
Thank you for taking the time to reply.  Apologies for the delay in coming back to you, I have not been well.

The address on the log book is up to date.

I haven't included an exact location because, as I mentioned, I'm not exactly sure where it happened and I didn't know that it was relevant to my question of whether I should chase up the PCN.  You've now clarified that it is.  I can't streetview to an exact location (as I don't know exactly where it occurred) but it's the bus gates in Brighton along the Old Steine area.  I found a map of them here:

https://www.brighton-hove.gov.uk/sites/default/files/2020-10/Bus%20lane%20enforcement%20Valley%20Gdns%20%28003%29.pdf

I know there are enforcement cameras there as I believe this is one of the most profitable Bus Gates in the country according to press reports.

I have done a bit of research and I now understand that if you drive over the words "Bus Gate" then this is where the contravention will have happened (ie not like Bus lanes, which have bus lane written periodically along the lane in question), and as I said in my OP, that definitely happened, as that's when I noticed the issue.

Looking at the map, and thinking about where we came from, my guess is that he drove over the red line and the green line, crossing the Bus Gate at the end of North Road.  We definitely turned left onto Trafalgar Street (as I was yelling at him at this point to turn left!), so without going back and double checking the road markings there, the only possibility must be that I noticed us driving over the Bus Gate markings at the end of North Road.

I did read that Bus Gates are not like speed cameras, and they don't get triggered automatically, but there are people watching the cameras? So presumably possible to make more errors which could be why it's not arrived?  I've also read though that they have up to 28 days to send it (longer if DVLA are slow), although this doesn't give you any time to chase it and keep within the reduced payment period?  I think it happened on Saturday 31st August.

I've just checked the postbox and the PCN has not arrived yet, so my question is whether the best course of action is to chase it up, or to leave it? 
Title: Re: Bus Gate PCN not received
Post by: Neil B on September 24, 2024, 06:29:16 pm
you appear to have omitted to mention where this occurred?
A Streetview link would help.

But, more importantly, please go and check that your address is fully correct and up to date on your V5C.
These were not difficult questions?

Not all restrictions are covered by enforcement cameras.

The way that bus lanes and bus gates are enforced is different depending on inside or outside London. Different in multiple ways.

PCNs are sent to the address held by DVLA, i.e. as appears on your V5C at the time of any alleged contravention.

So please help us to help you.
Title: Re: Bus Gate PCN not received
Post by: Neil B on September 23, 2024, 07:22:48 am
aware I am a bit unecessarily wordy!
You were right the first time because although you wrote a lot you appear to have omitted to mention where this occurred?
A Streetview link would help.

But, more importantly, please go and check that your address is fully correct and up to date on your V5C.
Title: Bus Gate PCN not received
Post by: AnnieBee on September 23, 2024, 02:59:35 am
Key point and question in bold in case you can't be bothered to read the whole thing, I have ADHD and am aware I am a bit unecessarily wordy!

I was expecting a fine for driving through a Bus Gate to come through, but we have not received anything.  I understand they normally come through within about two weeks (but I think they have 28 days?) and the 2 week timescale has now been exceeded.  I am not 100% convinced that we did drive through the Bus Gate, as I understand the fine is for driving through a very specific point, not up the "lane" itself, and this is the difference between a Bus Gate and a Bus Lane.  I was not driving and was talking and so did not notice where the driver was going until it was too late, and the first thing I noticed was when we drove over a "Bus Gate" sign in the road, and told the driver who had not seen the signs (the Bus Gate area/signage is really confusing (you don't really have time to read it all and take in where you can and can't go, before you have already driven into it and you can't get out, and the driver was not local) so I just tend to avoid it altogether as it's far too easy to go wrong) to turn off as soon as possible which they did.

Anyhow, my question is should I contact the council to try to find out whether a PCN has been issued or not?  I am concerned that if one has been issued that it is lost or delayed in the post and we will lose the right to pay early or cause other problems if they think we've ignored it. But I also don't want to do anything to jeopardise challenging the fine if that's possible, or to encourage them to send out a fine, if they were going to miss any dates by which it has to be sent.  I know form parking fine issues, that they tell you not to do some things and are very strict with you (!!!) so I just wanted to make sure that by checking with the council if one is on the way, I wasn't doing anything "wrong"!

Thank you very much!