PCN - identifying driver.

[MartinL]

I received a PCN for driving in a bus lane. It was sent out over 14 days after the offence. I initially thought this was too late, due to the 14-day rule in the Road Traffic Offenders Act 1988, whichprovides that notices in respect of speeding offences, running red lights andother traffic offences must be sent out within 14 days. However, I am now told PCN's need to be received with 28 days, not 14 days, of the offence.

What if I am not sure who was driving my car on that date? e.g. Although I am the registered keeper it is insured for multiple drivers. Surely, I can't be prosecuted if I was not driving the car? And, in the interests of natural justice the PCN should be sent in a reasonable period to allow me to identify who the driver was on the relevant date?

[des8]

Re: PCN - identifying driver.

Hi and welcome.

PCNs issued by LAs are not governed by Traffic Offenders Act 1988 but 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


And as this is not a criminal offence the registered keeper is responsible for paying the PCN, unless the vehicle had been stolen, or was being driven without owner's permission

You need to find another reason for not paying the charge