Appealing a fine

about December last year was issued a fixed penalty of £35 for driving my truck down a buslane on oxford road Manchester.
I was trying to find an office block to deliver some new furniture to. office block was in the area.
ticket came work paid it then stopped it out my wages . thought at the time didn’t know I entered the bus lane but must of done. so paid it learnt my lesson.

now on the news an independent body has ruled the bus lane fines can not be imposed. due to lack of proper signage poor road layout and misinformation. as hundreds of drivers have complained the body as looked into it agreed.
the counicl obviously disagree as theve made 100 of thousands from it.
say the body wins the case . is it easy to appeal get my £35 back as i dont have my ticket anymore would i get auto refund.
anyideas how id go about it.
or just best forget it about it

I don’t know the ins and outs of it but there was one recently in Newcastle that had to pay back a ton of money to people that were fined. Was a big hooha because of the amount of cash the Council were taking in from it

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If the adjudicator’s application is eventually upheld (and the 743 are successful in their appeals) your company (as they paid the ticket) would normally need to apply to the council to get their penalty refunded. Sadly there is no automatic system in place (and the council is under no obligation to retrospectively allow further appeals anyway without them going through the same formal appeal process).

Having said that, the company probably still has their copy of the penalty notice (or at least a note of its unique reference number), so for the cost of a few minutes to write a letter - nothing ventured, nothing gained…? Even without the reference number, a quick letter quoting the approximate date and the lorry’s reg number might yield a result.

This is why I would not normally allow my employer to accept/pay the penalty on my behalf and deduct money from me. They can either take the whole thing on the chin and deal with it as a legitimate cost of doing business, or allow me to deal with it myself.

I’m no legal expert so what I’m offering is merely an opinion; councils hate to pay money back, but what they hate even more is to be sued by somebody they should have renumerated as that costs them even more. So, IF your fine was deemed to be unsafe then they will have records and will eventually repay you. It’s a bit similar to the guy on another thread who was fined £100 for not wearing a seatbelt and suddenly had his fine returned.

the maoster:
I’m no legal expert so what I’m offering is merely an opinion; councils hate to pay money back, but what they hate even more is to be sued by somebody they should have renumerated as that costs them even more. So, IF your fine was deemed to be unsafe then they will have records and will eventually repay you. It’s a bit similar to the guy on another thread who was fined £100 for not wearing a seatbelt and suddenly had his fine returned.

One big difference being that a seatbelt fine would be dealt with by the magistrates court (albeit processed for them by the police ticketing unit), whereas most of these bus lane penalties (other than in London) come under the jurisdiction of the Traffic Penalties Tribunal. The rules under which they operate are different and there is no automatic right to have a penalty overturned just because another driver later successfully challenges the exact same allegation.

EddieMD:
I don’t know the ins and outs of it but there was one recently in Newcastle that had to pay back a ton of money to people that were fined. Was a big hooha because of the amount of cash the Council were taking in from it

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This was John Dobson Street, £1.5m over 3 years. I got stung by it because the signage was halfway down the road with nowhere for an HGV to turn around and no side roads to manoeuvre my way out. My company appealed it immediately and it was rescinded. 3 weeks later they were judged to have inadequate signage

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stuwozere1:

EddieMD:
I don’t know the ins and outs of it but there was one recently in Newcastle that had to pay back a ton of money to people that were fined. Was a big hooha because of the amount of cash the Council were taking in from it

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This was John Dobson Street, £1.5m over 3 years. I got stung by it because the signage was halfway down the road with nowhere for an HGV to turn around and no side roads to manoeuvre my way out. My company appealed it immediately and it was rescinded. 3 weeks later they were judged to have inadequate signage

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That’s the one…

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EddieMD:

stuwozere1:

EddieMD:
I don’t know the ins and outs of it but there was one recently in Newcastle that had to pay back a ton of money to people that were fined. Was a big hooha because of the amount of cash the Council were taking in from it

Sent from my CLT-L09 using Tapatalk

This was John Dobson Street, £1.5m over 3 years. I got stung by it because the signage was halfway down the road with nowhere for an HGV to turn around and no side roads to manoeuvre my way out. My company appealed it immediately and it was rescinded. 3 weeks later they were judged to have inadequate signage

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That’s the one…

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It’s purely a cash generator. It’s a bus gate that’s no more than 50yds long, no entry except buses. I’ve yet to meet any of our drivers (sainsburys) or any of the Warburtons/Kingsmill/Hovis drivers that we meet that haven’t been done by it

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Your employer paid the fine then claimed it back from you. Check to see if they’ve been reimbursed.

and check your contract, to see whether they can deduct money from your wages without your permission. :smiley: