Is there a site similar to the ukSpeedtraps.co.uk site dealing with the legal aspects of fixed penalty offences.
Is there any defence or mitigation possible against what is an absolute offence, that is assuming it actually occurred?
The alleged offence happened on 23/11 and notification via the leasing company was only received on 27/12! It makes it very hard to identify the actual circumstances and possibly even the driver, since it is a regular journey with 2 people where the driving is intermittently shared between the occupants.
Any advice?
PS the leasing co add a £25 handling fee for passing on the good news!
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Not an absolute offence.
Police have 14 days to serve NIP or Summons on Reg Keeper:- presumably they did this within the required time onto the Leasing Company who then passed on the good news on to you in their own good time. May be worth checking it out though.
You may (I repeat may) have a case with the "who was the driver" question. Worth seeking legal advice (which this is not !)
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Own up, Pay up, and take your turn in future. Lobby to have penalties increased to prevent the abuse.
PP
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One could deduce from your contribution that both drivers habitually drive in Bus Lanes.
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If I'm not mistaken one could also deduce they are not driving buses when they do so. They are very naughty boys, and need to feel the whip of broomstick on bare skin if they are to learn a lesson they will not forget. A few strokes with a stiff hazel besom should do the trick.
Glenda
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I'd pay good money for that kind of treatment!
Would it be administered on the roadside, or in a different setting?
"Naughty Boys get bottom marks!"
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He was only following the example set by the PM's driver.
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Now they will all be doing it!
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Was the offence committed in hte Isle of Man then ?
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Thank you for the one piece of good advice.
I have to own up that it wasnt actually me (or my lease car), but I promised to raise the question on behalf of daughter & boyfriend.
The junction in question is one where the bus lane expires 2-3 car lengths before a set of lights at a junction with a lh turn, and many people, them included, treat the last section of the bus lane as similar to a yellow box. ie do not enter it if you cannot reach the 'safe zone'. They are wise to cameras on buses and do not do it if a bus is in view.
This action statistically actually does improve traffic flow.
This is not to excuse the action, but if it is a new camera, it is the thought of how many journeys between end of Nov and Xmas!
Some people may remember my advice in previous thread to a guilty speedsterpleading for a way out 'to put his hands up and take the penalty.' She got similar advice from me!
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Peter,
I have heard of cameras mounted on unmarked police cars used for this type of prosecution. Apart from that I thought all prosecutions for 'bus lane' offences were based on the evidence from cameras mounted on buses - in London anyway. Where would they situate a static camera otherwise? There are plenty of cameras on traffic lights set up to catch cars jumping lights but that wouldn't work in the senario you describe. They can ask to see the photograph which might clarify matters.
The problem with the 'treating it as a yellow box' theory you describe is that:
a. It prevents people ahead of them(who they have undertaken) getting in the inside lane to turn left.
b. If there are only 2/3 car lengths before the lights the majority of traffic will usually go straight ahead; and the bus lane normally continues on the road ahead. What happens much of the time is cars go up the bus lane to the turn left lane and then go ahead and 'cut up' those who have stayed in the correct lane.
Bob
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In Nottingham you're lucky to get one car length, and there are several junctions on major main roads with frequent left-turn movements where the (24 hour) bus lane goes right up tight to the junction.
Perhaps they are shooting a new series of Candid Camera here and it's nothing to do with the council. Surely the council wouldn't waste so much tax-payers money on re-surfacing so much extra roadway in red?
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