How Can I Challenge A Bus Lane PCN from Aberdeen Council?

This blog serves to answer the question “How Can I Challenge A Bus Lane PCN from Aberdeen Council?” You must have credible evidence relating to your traffic violation which can prove that the council has incorrectly handed you a PCN. This evidence can only be there with you if you regularly film video clips of your vehicle driving through Aberdeen Council.

How Can I Challenge A Bus Lane PCN from Aberdeen Council?

You can challenge a Bus Lane PCN from Aberdeen Council by collecting evidence from your daily drives at the bus lanes in your area, in the form of video clips of your vehicle moving correctly and turning according to the road signs. This evidence has to be attached with your PCN challenge and forms the basis of your argument that the traffic contravention never happened.

You can state that you saw the vehicle left or right turn sign and turned your vehicle accordingly, which means that you have not breached the traffic contravention enforced at the specific location. Other alternatives to this video clip can be a series of photographs with a specific date stamp matching the date and time of your traffic violation, clearly showing your vehicle moving in the correct direction.

You cannot challenge your bus lane PCN by mentioning mitigating circumstances as any special circumstances cannot apply to a routine bus lane or road turning, if you had to avoid the bus lane, you should have known that you had to do that. Any remarks that mention forgetfulness or a lack of knowledge of enforced bus lane contraventions in Aberdeen Council will badly weaken your case so it is best that you don’t start your PCN challenge on that kind of note.

In many cases, PCNs are not enforceable and you may be able to win your case and avoid having to pay your fine.

You could begin the process by speaking to an online solicitor for as little as £5. 

What is a Penalty Charge Notice?

A Penalty Charge Notice is a monetary penalty issued to drivers or motorists for committing certain traffic contraventions including violating Parking, Bus Lane and Moving Traffic restrictions. A PCN is issued for failing to follow Parking zone, bus lane enforcement and moving traffic restrictions mentioned in the Road Traffic Act 1984 and the Traffic Management Act 2004.

A penalty charge notice can be handed to you by a Civil Enforcement Officer or dispatched to your (DVLA) residential address by post. CCTV cameras and Civil Enforcement Officers observe traffic contraventions before a violation is detected and the vehicle is charged with a PCN.

A PCN might also be issued for failing to pay road charges on time. You have 28 days to decide how and if you would like to challenge your Penalty Charge Notice. After 28 days if you have neither paid nor challenged your PCN, you will be sent a charge certificate from the Traffic Penalty Tribunal.

If you don’t challenge a PCN, you should pay the fine within 28 days, otherwise, its amount will increase by 50%. A £70 PCN will be worth £105 if you pay it in the 14 days after receiving your charge certificate.

What is the procedure for appealing against an Aberdeen Council Bus Lane PCN?

You need to begin your PCN challenge by recalling the events which led to your traffic violation and by listing down any mitigating circumstances which affected your actions that day. Only events and mitigating circumstances which can be explained by using photos or video evidence or other documents such as medical certificates (already in your possession) should be considered as grounds for an appeal.

Some details might occur to you a day or two after the incident as the information sinks in to reveal minute details. It is advisable to allow yourself up to 4 days to carefully review all the facts regarding your Bus Lane contravention. If you are sure that the relevant contravention code was never breached, you can simply attach photo or video evidence or an (authentic) written statement from a bystander present at the scene with your Aberdeen Council Bus Lane PCN challenge.

You need to visit the Aberdeen City Council website to submit a formal representation to your Aberdeen Council Bus Lane PCN. You can challenge your Aberdeen City PCN online by clicking here. On the window which opens up you need to enter your personal details, including a valid email address to create an online account (also known as a personal services portal). Once these details have been entered correctly you can login to your account to view your PCN details before filling in the online appeals form.

It is essential to upload authentic evidence material with your PCN challenge to describe your mitigating circumstances to the Aberdeen City Council and for explaining your point of view of the events which took place on the traffic violation scene. The text of your appeal must state the relevant Bus Lane contravention code on your PCN and explain how you attempted to avoid the error (supported by photos or video footage).

Once you have proofread your appeal to eliminate any reasons for your challenge which might convey a disregard for Bus Lane traffic contravention codes enforced in Aberdeen Council (by mixing up the contraventions) or reasons which involve forgetfulness to justify your actions, you can submit the formal representation.

Another way to send in your Aberdeen Council Bus Lane PCN challenge is by mail. You can send a PCN appeal written by hand on the reverse of your Notice to Owner form to the Aberdeen Council. You can attach evidence documents or photographs to the form by using a stapler or paper clip. Your letter should mention your PCN number, date of issue of the PCN, your vehicle registration number and personal details. 

Evidence to support your formal representation can be attached to the form by using a stapler or paper clip. Your PCN appeals form and all accompanying evidence documents (enclosed in an envelope) need to be sent to:

Parking and Bus Lane Appeals Team,

PO Box 10505,

Aberdeen,

AB12 9EW

If the Aberdeen City Council accepts your PCN appeal, the PCN will be annulled and you will not be liable for paying any monetary penalty. In case the council sends you a “Notice of Rejection” by disapproving of your representation you will have to pay the amount mentioned on your PCN.

How Can I Pay for my Aberdeen Bus Lane PCN?

You can pay your Aberdeen Bus Lane PCN online by clicking here. You have to enter the Reference and Amount fields and click on add to basket (under Bus Lane Enforcement). On the next page you should see some options for entering your payment card details, these need to be entered correctly. You must remember to wait for 24 hours after your PCN is issued before attempting to pay it.

You can pay your Aberdeen Bus Lane PCN by using Visa Card, Master Card, Direct Debit, or Maestro Card to make your payment. 

What will happen if I don’t pay my Aberdeen Council Bus Lane PCN within the 28-day limit?

You should not ignore traffic contraventions or the Penalty Charge Notices resulting from them or cultivate a careless attitude towards driving in Aberdeen City Council. As per your driving license rules, you are bound to abide by Parking, Bus Lane, and Moving Traffic contravention codes in Aberdeen Council.

If you neither pay your Aberdeen Bus Lane PCN within 28 days nor decide to appeal against it, you will be sent a charge certificate from the Traffic Penalty Tribunal. The charge certificate increases your PCN fine by 50%, which means you will be paying £105 now. You should pay the charge certificate within 14 days as it cannot be appealed and ignoring the charge certificate may result in the filing of a court order (for recovery of debts) against you by Aberdeen City Council.

You will be sent a “Notice of Debt Registration” and a witness certificate from the Traffic Penalty Tribunal if you don’t pay the charge certificate amount within 14 days. The unpaid amount will be treated as a debt with the Traffic Enforcement Centre at the Northampton County Court.

The court order for debt recovery enforces that the charge certificate amount must be paid in full within 21 days the county court will have to use additional powers to recover the money from your possession which means employing Enforcement Agents to (contact you or) visit your personal premises.

Can I Dispute An Aberdeen Bus Lane PCN with the Traffic Penalty Tribunal if the Aberdeen City Council dismisses my appeal?

Yes, you can dispute the decision of the Aberdeen City Council in your “Notice of Rejection of Representations” with the Traffic Penalty Tribunal. The Traffic Penalty Tribunal website requires you to enter details given on your Notice of Rejection of Representations, after opening this webpage

You can watch this instructional video here to learn about your challenge process. The video clearly explains how to use the online service offered by the Traffic Penalty Tribunal. On the Traffic Penalty Tribunal webpage, you will first have to select the type of PCN you were served by the Aberdeen City Council (shown on the bottom part of the page).

After clicking on your specific type of Penalty Charge Notice, you should select “England” (Outside London). In the window which opens up, you should click on the orange box which reads “If you don’t agree with the PCN, you can make representations against it”.

After viewing the instructions on the following page, you need to click on “Start your appeal here” at the bottom of the webpage You will then be required to enter your Vehicle Registration Number, the reference number from the “Notice of Rejection” letter from Aberdeen City Council, and your PCN number for which the appeal was rejected on this page.

You can use the online service to challenge multiple “Notices of Rejection” simultaneously. You will require a valid email address to create an account on the Traffic Penalty Tribunal website. You have to upload a copy of your “Notice of Rejection of Representations” letter to your application by using the Traffic Penalty Tribunal’s online portal.

You can upload evidence such as video clips of your traffic violation scenes (taken from inside your vehicle), medical certificates from a certified General Practitioner, maps of the area showing the exact distance your vehicle travelled inside a no-entry zone, and scanned copies of “pay and display” tickets. You should construct a strong appeals case to communicate your mitigating circumstances or to deliver your assertion that the traffic violation never occurred.

The Traffic Penalty Tribunal should be able to ascertain the legitimacy of your situation by viewing evidence material uploaded to the PCN appeals system.

Your appeal of the “Notice of Rejection of Representations” should be submitted to the Traffic Penalty Tribunal within 28 days of receiving your Notification of Rejection from the Aberdeen City Council. You must avail this chance of a free and independent hearing of your case. 

You will be able to contact the Traffic Penalty Tribunal adjudicator during the formulation of your appeal. The result of your appeal will be communicated to you within 14-28 days of submitting your representation. If the adjudicator decides the case in your favour, the PCN will be cancelled by the Aberdeen City Council.

Conclusion

This blog post addressed the question “How Can I Challenge A Bus Lane PCN from Aberdeen Council?” You need to show the Aberdeen City Council that the traffic violation never happened to challenge a Bus Lane PCN, that means that you never entered the restricted bus lane at all (and have a video clip with you to show this). The text of your Bus Lane PCN challenge should sound professional and consist of facts about how you avoided entering the bus lane.