Bus Lane PCN Cancellation Guide

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Guidance on the consideration of cancelling Bus Lane Penalty Charge Notices (PCNs)

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Introduction

The guidelines set out in this document are for the consideration of challenges and representations against bus lane PCN’s issued in the areas of Eastbourne and Hastings boroughs and Lewes district.

This is consistent with current best practice and aims to provide clarity, consistency and transparency within the enforcement process, compliance with the Department of Transport’s policy and Operational Guidance to Local Authorities and with the aspirations of the Traffic Penalty Tribunal and the local Government Ombudsman. Information in this document is for guidance only. Each case will be considered on its own merits, taking into account the individual circumstances.

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Reasons for challenge

Statutory Grounds to Make Representations

The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 set out the grounds under which statutory representations can be made. This section sets them out and common circumstances around each one that we receive.

SG1 The contravention did not occur

Cancellation likely

• Proof provided that the vehicle did not contravene the restriction

Cancellation unlikely

• No evidence to substantiate the claim and recorded footage clearly shows vehicle in contravention.

SG2 The recipient never was the owner/keeper of the vehicle or; had ceased to be its owner/keeper before the date on which the alleged contravention occurred; or became its owner/keeper after that date.

Cancellation likely

• If the Driver and Vehicle Licensing Agency (DVLA) confirm the motorist was not the registered keeper at the time of the contravention.
• If the previous registered keeper provides proof that the motorist purchased or acquired the vehicle after the contravention, or the subsequent registered keeper provides proof that the motorist sold or disposed of the vehicle before the contravention.

Cancellation unlikely

• If the DVLA confirm the motorist was the registered keeper at the time of the contravention.
• If the previous registered keeper provides proof that the motorist purchased or acquired the vehicle before the contravention, or the subsequent registered keeper provides proof that the motorist sold or disposed of the vehicle after the contravention.
• If the motorist is proven to have hired the vehicle for the day on which the contravention occurred and signed an agreement to take responsibility for PCNs incurred, subject to the time of hire.

SG3 The vehicle was taken without the consent of the owner

Cancellation likely

• If the registered keeper/owner confirms that the matter has been reported to the police as a crime by providing a valid police report detailing the incident.

Cancellation unlikely

• If the current registered keeper is unable to provide any proof of theft or taking without consent.
• If the police report provided does not exist, it does not match the date of the theft or taking without consent, or the details in the report do not match the date of the contravention.

SG4 - That the recipient is a vehicle hire firm and the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and the person hiring it has signed a statement of liability acknowledging his liability in respect of any PCN served in respect of any contravention involving the vehicle

Cancellation likely

• If the hire company can provide proof that the vehicle was hired at the time of the contravention, i.e. a signed agreement.
• If the hire company can provide the full name and address of the person to whom they hired the vehicle.

Cancellation unlikely

• If the person named by the hire company as the person to whom they hired the vehicle, without proof, either does not exist, cannot be traced or denies responsibility for the contravention.
• If the vehicle was being used as a courtesy car without an agreement that had been signed to accept responsibility for PCNs issued.
• If the hire company are unable to prove that they neither hired out the vehicle on the date of the contravention or provide the name and address of the person to whom the vehicle was hired.

SG5 That the PCN exceeded the amount applicable in the circumstances of the case

Cancellation likely

• If the PCN/Notice to Owner (NtO) showed the incorrect amount of penalty charge, i.e. the wrong differential penalty charges level.

Cancellation unlikely

• If the PCN/NtO showed the correct amount of penalty charge.

SG6 That there has been a procedural impropriety on the part of the enforcement authority

Cancellation likely

• Where it is established that the enforcement authority has failed to observe any requirement imposed on it by the Bus Lane Contraventions Regulations in relation to the imposition or recovery of a PCN or other sums.

Cancellation unlikely

If it is established that:

• All requirements of the Bus Lane Contraventions Regulations have been fully and correctly observed by the enforcement authority;
• That service of all documents has taken place in compliance with relevant time scales;
• A PCN has not been served for the same contravention on the date and at the time the contravention occurred

SG7 That the Traffic Regulation Order (TRO) Which is alleged to have been contravened in relation to the vehicle concerned is invalid

Cancellation likely

• If the relevant TRO was found to be invalid.

Cancellation unlikely

• If the relevant TRO was found to be valid.

SG8 Any other information that the motorist/vehicle owner wants the Council to take into consideration

Cancellation likely

• The decision whether a PCN should be cancelled will only be taken following full consideration of all the evidence available.

Cancellation unlikely

• The decision whether a PCN should be cancelled will only be taken following full consideration of all the evidence available.

SG9 I have been charged separately for this offence by the police

Cancellation likely

• A copy of the ticket issued by the police or a letter from the police confirming that a ticket was issued for this contravention.

Cancellation unlikely

• No evidence to substantiate the claim.

Mitigating Circumstances

This section gives information on circumstances that can be received about PCNs that are not covered in the statutory reasons above. This is not a comprehensive list but gives an idea of what you may need to deal with. To ensure that we are consistent and fair it is necessary to ensure that each case is assessed on its own merits and a full response provided showing that they have been considered.

MC1 Where the motorist/passenger claims to have become unwell and emergency medical intervention was needed

Cancellation likely

• If the motorist provides proof of a medical condition, temporary or permanent, that is consistent with the conditions described and would be grounds for entering the bus lane.

Cancellation unlikely

• If the motorist cannot provide proof of a medical condition, temporary or permanent, consistent with the conditions described.

Or

• Where other evidence contradicts the motorist’s claims.

MC2 Where the motorist claims to have been unaware of the existence of the restriction

Cancellation likely

• If it can be established that the signing and markings of the bus lane are at fault (missing and/ or unclear),
• Or the evidence/recorded footage shows signage/markings were clearly obscured at the time the contravention occurred.

Cancellation unlikely

• In all other circumstances.

MC3 Where the motorist claims that their vehicle had broken down

Cancellation likely

• If the motorist can provide satisfactory evidence of a breakdown, i.e. proof of vehicle recovery or a bill of sale for repair or parts and the recorded footage clearly shows that the vehicle entered the restriction to leave the remaining carriageway clear was seen to come to a standstill.

Cancellation unlikely

• If the motorist is unable to provide satisfactory evidence of any kind that their vehicle had broken down.
• If the cause of the vehicle “breaking down” was due to negligence on the part of the motorist, i.e. the vehicle had not been properly maintained, had run out of petrol or water or a similar reason.
• If the recorded footage contradicts the motorist’s version of events.

MC4 Where the vehicle in question was on police, fire brigade or ambulance duties

Cancellation likely

• If a senior officer of the service concerned supports the representations and there is no reason to doubt that the vehicle was engaged on operational activities.

Cancellation unlikely

• In all other circumstances.

MC5 Where the motorist received a Fixed Penalty Notice (FPN) from the police for the same contravention

Cancellation likely

• To prevent ‘double jeopardy’, if confirmation provided by the police that proceedings for a criminal offence in connection with the same incident have been instituted.

Cancellation unlikely

• In all other circumstances.

MC6 Where a Council Officer used a bus lane and claims to have been on Council business

Cancellation likely

• If the officer was carrying out emergency or other statutory work within the bus lane and there is evidence to substantiate the necessity for the vehicle to use the bus lane and evidence is provided.

Cancellation unlikely

• If there is no evidence to substantiate the claim or confirmation provided by a senior officer/manager/director

MC7 Where the motorist states they were unaware of enforcement on Bank/Public holidays

Cancellation likely

• In no circumstances.

Cancellation unlikely

• On all occasions.

MC8 Where the vehicle has an exemption to use the restriction

Cancellation likely

• If a PCN has been issued as it is not evident from the footage that the vehicle has an exemption and proof is provided.

Cancellation unlikely

• On all other occasions.

MC9 Where the motorist claims that the restriction is not clearly signed or marked

Cancellation likely

• If signs and/or markings are missing or unclear.
• If signs and markings are inconsistent with each other and/or TRO or legislation.

Cancellation unlikely

• If site visits records or photographs establish that signs and/or markings are correct and consistent with each other and the TRO and the Traffic Signs Regulations General Directions 2002

MC10 Where the motorist claims that a valid authorisation to use the bus lane had been issued

Cancellation likely

• If the motorist can produce a valid authorisation or records show that the motorist held a valid authorisation to park.

Cancellation unlikely

• If the motorist cannot provide a copy of the valid authorisation or if there is no record of any issue of the authorisation.

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