John Dobson Street Penalty Charge Notices
There have been a number of reports about Penalty Charge Notices (PCN) issued to drivers on John Dobson Street.
JOHN DOBSON STREET bus lanes - THE FACTS Read more here: http://bit.ly/2e0KXoG
Posted by Newcastle City Council on Friday, 14 October 2016
There are two separate issues which we wish to clarify.
The first issue relates to an appeal which was upheld by an adjudicator for a Traffic Penalty Tribunal.
In this case, the appeal was upheld because the adjudicator felt that signage warning of the bus lane was not adequate.
This meant that the penalty charge notice in this case was cancelled and the driver was not required to make any payment.
It is important to note that adjudicators’ decisions are based on the specific circumstances relating to an individual case, and only apply to the appeal on which they were made. This is not a universal decision covering individual appeals, nor is it a ‘landmark ruling’.
A Traffic Penalty Tribunal hearing is not a court of law and therefore decisions do not set legal precedents for other cases.
If you have received a Penalty Charge Notice you can appeal providing you do so within 28 days of receiving your letter.
The second issue has come to light following a review of adjudicators’ decisions, which we carry out as good practice to see whether we need to take any further action.
During the review of one case we found that there was an issue in relation to the lighting of bus lane signs. This is not related to the adjudication mentioned above.
As a result, we have found that we issued 5,100 Penalty Charge Notices during hours of darkness between February 23 and April 22 when bus gate signs were visible but not lit up.
This happened because we were working to new Department for Transport regulations which did not require lighting, and which came into force later than we had anticipated.
Having discovered this we are now taking action and will be contacting drivers affected to refund their payments. There is no need for people to contact us for a refund.
This does not apply to Penalty Charge Notices issued outside of that two-month period (February 23 to April 22) or indeed during that period in daylight hours.