Appeal a bus lane Penalty Charge Notice

large icon of a bus lane


I have received a bus lane Penalty Charge Notice. What do I do?

Take a look at the photographs.

Before making an appeal against a Penalty Charge Notice you can view the photographs taken by the Civil Enforcement Officer.

This can help you decide whether to pay or appeal the notice.

You can do this by going to www.brighton-hove.gov.uk/parkingdoitnow and selecting 'Appeal a Penalty Charge Notice.'

If there are no photographs assigned to your case there may be many reasons why this is. It is not a legal requirement to have photographs of the contravention. In any event the photographs will not be available until the day after the Penalty Charge Notice has been issued.

Following approval at Transport Committee, please note we are now enforcing the bus lane on Oxford Street and the new Lewes Road bus lane.

 

What do I do if I don't agree with the issuing of the notice?

If you want to submit an appeal, known as an informal representation at this stage, you can do so online or by submitting an appeal in writing to us at the Parking Information Centre.

All enquiries must be made in writing so that we have an audit trail of all correspondence.

 

When will I get a decision?

The current response time for all informal challenges is 3-4 weeks.

 

What do I do once I have received a decision?

If your appeal is successful we will cancel the Penalty Charge Notice and we will write to you to confirm this.

If your appeal is rejected, we will allow 14 days from the date of service of our letter for you to pay the reduced charge of either £30. All appeals will be considered on their individual merits.

If an appeal is not received within 14 days of the notice being served then the full rate of £60, may apply.

Please ensure that you include your address on any correspondence.

 

I have received a Notice of Rejection what do I do?

If your representation has been rejected then you will be sent a Notice of Rejection.

This letter will include instructions on how to pay the charge and how to appeal to the Traffic Penalty Tribunal.

 

What happens if I do not pay within the specified timescale or I lose my case at the Traffic Penalty Tribunal and do not pay within the specified timescale?

The next stage is when a Charge Certificate is issued.

An additional 50% charge will be added to the original price of the charge not the discounted charge.

You have no further right of appeal at this stage.

 

I have received a Charge Certificate but did not pay it within the specified timescale, what happens now?

If you have not paid the outstanding charge at this stage the debt will be registered at Northampton County Court. An addition fee of £7 will be added.

 

I want to contest the registering of the debt. Can I do this?

You can file what is know as a statutory declaration however there are only three legal grounds that you can do this under.

1. I did not receive the Notice to Owner

2. I have made a representation but received no response

3. I made an appeal to the adjudicator but received no response

To file the statutory declaration you must complete the TE9 form that was sent with the Order for Recovery and return it to the Traffic Enforcement Centre at Northampton County Court.

This must be submitted within 21 days of service of the Order for Recovery.

We will either accept your witness statement or contest the application with the court.