Bus Lane PCNs

[rds60h]

Whilst researching about my wife's Bus Lane PCN which I am appealing on the grounds of non-compliant signs, I came across this ::

“The Bus Lane Enforcement CameraHandbook (Second Edition) Provisional” Publication No. 41/06 published by theHome Office states:
Chapter 5 Operational Requirements ----- 5.1.2
“Every image of the offence shallshow, in addition to the offending vehicle, in the order given: the date indays, month, and year, the time in hours, minutes, and seconds, the day of theweek, location and frame count from the beginning of the recording. The datashall be imprinted on the image or included in the violation record at the timethe offence is recorded.”

Now, on the PCN my wife received there was not a "Day of the Week" on the photos nor was it contained anywhere within the PCN.
However, the above statement says "or included in the violation record at the time the offence is recorded.” is this "violation record" something different to the PCN ?
Because if the PCN is the "violation record" then that would make the PCN non-compliant and I suspect that would also be the case with many other people's PCNs.

[bluebottle]

Re: Bus Lane PCNs

If a Penalty Charge Notice (PCN) is to be compliant, it must state the contravention to which the PCN relates, e.g. driving in a bus lane. If it doesn't, the PCN can and should be challenged on the grounds of its compliance with applicable legislation.

[rds60h]

Re: Bus Lane PCNs

It states the contravention, it is just that The Bus Lane Enforcement Camera HandBook is a Home Office Guide for the Camera Manufacturers and I believe that if the camera does not provide the information as requested by the Home Office (In this case the day of the week) then surely the camera is non-compliant ?

[bluebottle]

Re: Bus Lane PCNs

Two more things you should consider -

1. Does the camera meet Home Office approval? and
2. Does the camera have a current and valid calibration certificate?

Ask the local authority for the -

a. Make;
b. Model;
c. Model Number;
d. Type Approval (e.g. CE, TUV);
e. Home Office Approval Reference; and
f. Current calibration certificate.

See what sort of reaction you get from the local authority. Should be interesting.

[michael]

Re: Bus Lane PCNs

Luton have 6 Camera Approval Certificates listed on TPT's register of TRO's

http://tro.parking-adjudication.gov.uk/default.aspx

[bluebottle]

Re: Bus Lane PCNs

Luton have 6 Camera Approval Certificates listed on TPT's register of TRO's

http://tro.parking-adjudication.gov.uk/default.aspx

That may be so, but does the camera on the bus lane in question meet H.O. approval and does it have a current and valid calibration certificate. If Luton Borough Council cannot produce this evidence, they are going to have problems convincing a Traffic Adjudicator that the cameras on the bus lane are in working order and properly calibrated. Traffic enforcement cameras are quite sensitive instruments and prone to error and malfunction. Also, have you been able to contact the DfT about the absence of a NO LEFT TURN sign at the junction and, if so, what has their response been?

[CleverClogs]

Re: Bus Lane PCNs

Traffic enforcement cameras are quite sensitive instruments and prone to error and malfunction when an irate motorist has whacked them with a sledge hammer.

I've fixed your post for you. :grin:

[bluebottle]

Re: Bus Lane PCNs

I've fixed your post for you. :grin:

...or set them alight. I have seen a number of enforcement cameras that were once Bright Yellow and are now a fetching shade of Burnt Yellow or Charred Black. :grin:

[rds60h]

Re: Bus Lane PCNs

Whilst researching about my wife's Bus Lane PCN which I am appealing on the grounds of non-compliant signs, I came across this ::

“The Bus Lane Enforcement CameraHandbook (Second Edition) Provisional” Publication No. 41/06 published by theHome Office states:
Chapter 5 Operational Requirements ----- 5.1.2
“Every image of the offence shallshow, in addition to the offending vehicle, in the order given: the date indays, month, and year, the time in hours, minutes, and seconds, the day of theweek, location and frame count from the beginning of the recording. The datashall be imprinted on the image or included in the violation record at the timethe offence is recorded.”

Now, on the PCN my wife received there was not a "Day of the Week" on the photos nor was it contained anywhere within the PCN.
However, the above statement says "or included in the violation record at the time the offence is recorded.” is this "violation record" something different to the PCN ?
Because if the PCN is the "violation record" then that would make the PCN non-compliant and I suspect that would also be the case with many other people's PCNs.

I have had my wife's Bus Lane PCN quashed; however regarding the Bus Lane Enforcement Camera Handbook statement above, Luton Borough Council have informed me that the "Day of the Week" is not required on a PCN and have given me the list of requirements which I will post once I have access to a printer/scanner again.
So just to let anyone considering this as part of their appeal, please be advised that unfortunately it does not hold water.

[bluebottle]

Re: Bus Lane PCNs

I have had my wife's Bus Lane PCN quashed; however regarding the Bus Lane Enforcement Camera Handbook statement above, Luton Borough Council have informed me that the "Day of the Week" is not required on a PCN and have given me the list of requirements which I will post once I have access to a printer/scanner again.
So just to let anyone considering this as part of their appeal, please be advised that unfortunately it does not hold water.

The Home Office's Handbook is more authoritative that Luton Borough Council's opinion. I would be inclined to let the Home Office know that LBC think they know better than them.