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Bus Lane Appeal FAQs

Questions and answers regarding an appeal to the bus lane adjudicator

 

Does it cost anything to appeal?
No.  There is no charge to bring an appeal to the independent Bus Lane Adjudicator.

What evidence should I send in?
You should send in all evidence that supports your case.  The Adjudicator will not contact witnesses on your behalf.  If written evidence alone does not explain your case, consider asking for a personal hearing.  Send copies of valuable documents, not originals.  Some examples of evidence are:
•    Photographs (if the street signs or lines were inadequate)
•    Letter from DVLA about ownership of the vehicle.
•    Map or plan (to show the locale or other items not apparent from the video evidence)

What if I do not have all the evidence that I need at this time?
Send in the Notice of Appeal now. When you receive a date for your hearing, you will be told the last date on which evidence can be submitted.

What can I expect at the hearing?
The hearing will be fairly informal.  The Council may send a representative and you may bring a witness and/or a friend if you wish.  You will not have to take an oath but if you deliberately tell the Adjudicator something that is not true, you could be prosecuted.  At the end of the hearing, you will normally be informed of the decision there and then, although occasionally the Adjudicator may have to adjourn the case to another day.  The Adjudicator’s full reasons and decision will be confirmed by post afterwards.

I have a disability – what arrangements can be made for me?
If you are hearing-impaired and would like a signer please bring a friend if possible. If this is not possible, you should contact the adjudicators’ office in plenty of time and they will do their best to help.  Hearing venues are generally wheelchair-accessible, although we recommend that you call the adjudicators office in good time to confirm that the necessary arrangements will be put in place on the day.

If I win am I able to claim costs?
The grounds on which costs may be awarded are few and such instances are extremely rare.  You may apply for and be awarded costs if an Adjudicator considers that the council has been ‘frivolous, vexatious or wholly unreasonable’ in its conduct of the matter. If awarded, costs will cover only reasonable expenses incurred in preparing the appeal; there is no element of compensation for distress, or to punish the council.

If they win is the council able to claim costs against me?
The answer is much the same as for the appellant.  The council would have to make an application and the Adjudicator would have to decide that the appellant had been ‘frivolous, vexatious or wholly unreasonable’ in bringing the appeal.  So far, there has never been an award of costs against an appellant.

What if I disagree with the adjudicators decision?
The grounds on which an Adjudicator’s decision may be challenged and reviewed are few and such instances are extremely rare.  Either party must apply for a review within 14 days of receipt of the Adjudicator’s decision.

What if I am refused a review or my case is reviewed and I still believe the decision is wrong?
The only way to contest an Adjudicator’s decision, other than through the review process, is by application for Judicial Review in the High Court.  You should obtain legal advice before pursuing this course.

Where is the procedure laid down in law?
The procedure for dealing with bus lane appeals is laid down in Part 5 of The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 (ST2005 No 2757).

Charges, Adjudication and Enforcement) (England) Regulations 2005 (ST2005 No 2757), in England (outside London).

 

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