Bus Lane Contravention Fine

[chokkie]

Hi ABers out there, not sure where to put this question, and hope that Chatterbank will be appropriate .... we've just received an "Alleged Bus Lane Contravention" notice from Manchester City Council for when we accidentally drove in a bus-lane in the city centre, at the end of April - so they have taken nearly 4 months to send it to us. We paid the fine straight away because we got 50% "discount" if we paid within a short period. However, I heard today that city councils have to send these notices out to "contraveners" within a certain length of time - does anyone out there know how long this is - the date of the paper penalty notice is 13.8.18 and we drove into this bus lane on the 23.4.18, so 10 days off 4 months. The letter was sent out first-class post, but as it's a printed pre-paid envelope, there's no date of posting. Anyone got any ideas about this? Or know a site where I could check this out? Cheers, Chox.

[dannyk13]

Explained here chocs
https://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=1244408
Scroll down to 3rd entry.

[carrot99]

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/manchester-bus-lane-fines-refund-14439710


Hope this helps.

[chokkie]

Thanks for the link - but thickie ole me is a bit confused. Given that we drove in a bus lane at around 7.30 am on 23.4.18 and their contravention notice is dated 13.8.18 - can you help me do the maths, please - are they in breach then? Cheers, Chox.

[Flonska]

That appears to be after the 28 day limit. Looks like you should go to this website:-

www.manchester.gov.uk/buslanereview

[fiction-factory]

Well 28 days is less than a month so they are well outside the timmescales.
Follow the step here:
"Anyone who believes they received their fine too late is being asked to visit www.manchester.gov.uk/buslanereview and complete a short online form to ask for their case to be reviewed. They will need to provide their address and penalty charge reference number if they still have it, or failing that their address and vehicle registration details."

[chelle7272]

If they did not get a response from the DVLA within 28 days then they have up to 6 months to send it.

[chokkie]

Thanks everyone - I've just been on to that Manchester City Council bus review website, but unfortunately (and surprise, surprise!) the form isn't available! Ha ha! But I shall be giving them a very good writing-to in the next couple of days, in the hope (probably in vain) that they will refund our £30.00. Many thanks for all the suggestions folks! Cheers, Chox.

[Gromit]

They have 14 days from detection to apply to DVLA for owner details. IF DVLA respond in 28 days, the Council have 28 days to serve the penalty. A total of 10 weeks.
However, if the DVLA do not get back to the Council, then the Council within the 28 days, then the time to serve the penalty is extended to 6 months.

[New Judge]

"...are they in breach then?"

This is not my area of expertise, but my take, having read the statute, is "maybe".

The authority issuing the notice normally has 28 days to serve you with it. They must apply to the DVLA for the your details within 14 days. However, if those details are not provided in time for them to meet the 28 day deadline they have the power to issue a notice for a further six months after the 28 days have elapsed.

So you need to find out (1) did they apply to the DVLA for your details within 14 days and (2) when did they receive those details. If the answer to (1) is "No" they are not entitled to issue a notice. If the answer to (1) is "Yes" they have to show that they did not have your details in time to meet the 28 day deadline.

You really need to post your question in the "decriminalised" section of "Pepipoo":

http://forums.pepipoo.com/index.php?showforum=30

There are experts there who will give you a knowledgeable, definitive answer and tell you how to proceed if you have grounds to reject the notice.