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Appeal a bus lane enforcement charge notice

BUS LANE ENFORCEMENT - CLARIFICATION
The council would wish to clarify that distance signs installed alongside bus lane and bus gate signage has not affected the validity of any charges applied to motorists. The council accepts that distance signs, on Union Street and Market Street, were not accurate and thanks the public for bringing this to our attention. The signage has since been rectified. Although this inaccuracy does not have an impact on the validity of any charge applied, any motorist appealing a charge, for entering any bus lane or bus gate within the city, must do so within 28 days of receipt of that charge in accordance with the criteria within the relevant Regulations. Any appeal will be considered on a case-by-case basis.

If you would like to appeal a bus lane enforcement charge notice you can do this online. Before you appeal online, you will need to set up an account. 

You must appeal within 28 days of receiving the notice. You should be aware that any representations made outside the 28 day period may be disregarded regardless of whether your appeal is submitted online, by email or by post.

Please note: If you make formal representation then you are accepting that the charge is £60 and that the discounted amount of £30 is not available.

Appeal a bus lane enforcement charge notice

Alternatively, you can email parkingappeals@aberdeencity.gov.uk or write to:

Parking and Bus Lane Appeals Team
PO Box 10505
Aberdeen
AB12 9EW

We cannot accept appeals by phone.

We will usually contact you by email to let you know the outcome of your appeal. Please check your junk/ spam folder or add noreply@aberdeencity.gov.uk, donotreply@citismarti.co.uk and parkingappeals@aberdeencity.gov.uk to your approved email address list.

For all other enquiries please email parkingappeals@aberdeencity.gov.uk

We will normally only consider an appeal if it is made by the registered keeper of the vehicle. If this is not possible, we will need written consent from the registered keeper for an appeal to be submitted on their behalf. The registered keeper should be the person who owns the vehicle, which can sometimes be different to the driver of the vehicle.

The table below summarises the reasons that you can use to appeal a bus lane enforcement charge notice.

Reason for appeal What we will need from you
The alleged contravention did not occur.
  • Any relevant information and documents to show why you think this is the case.
The conduct constituting the contravention is the subject of criminal proceedings, or a fixed penalty notice has been given in respect of that conduct.
  • Any relevant information and documents.
  • Crime reference number.
I have received this notice as I am the registered keeper of the vehicle, but I was not the registered keeper on the date of the contravention.
  • Letter/other documents from the DVLA showing this.
  • Documents or receipts showing the date of sale/ purchase of the vehicle.
  • Name and address of the person who was the registered keeper at the date of the contravention.
The vehicle was on hire at the time of the contravention and the hirer has accepted liability for these charges.
  • Copy of the hire agreement.
  • Name and address of the hirer.
I am a vehicle trader and was not the registered keeper at the time of the contravention.
  • Letter/other documents from the DVLA.
  • Receipt showing the date of sale/purchase of the vehicle.
  • Name and address of the person who was registered keeper at the date of the contravention.

I was the registered keeper, but sold this vehicle before the date of the contravention.
  • Letter/other document from the DVLA to show the date of sale.
  • Name and address of the person you sold the vehicle to.
Another person had taken control of the vehicle without my consent.
  • Crime reference number.
  • Details of any insurance claim.
I have received this notice on the basis that I was keeping the vehicle, but I was not the keeper of the vehicle on the date of the contravention.
  • A letter or other document from the DVLA to show who the keeper of the vehicle was.
  • Name and address of the person who was the keeper of the vehicle on the date of the contravention.
I hired this vehicle, but did not sign a statement of liability in respect of charges incurred during the hire period.
  • Copy of your hire agreement.
  • Name and address of the hire company.
I have received this notice as I am a vehicle trader, but I am not a vehicle trader.
  • Any relevant information and documents to prove this. 
I have received this notice as I am a vehicle trader, but I was not the vehicle trader keeping the vehicle at the time of the contravention.
  • Documents showing the name and address of the vehicle trader who was keeping the vehicle at the time of the contravention.
The charge exceeds the amount that applies in the circumstances of this case.
  • Information to show why you think this is the case.
  • A copy of the notice that was issued to you.

These are the twelve statutory grounds under which you can appeal. However, if  you feel that there are other reasons to appeal in your particular case, we will consider these. Please provide as much information as you can and any relevant documents to support your case.

If we need more evidence from you in order to make a decision, we will ask for this.

When we receive your appeal, we will:

  • Put the bus lane enforcement charge notice you are appealing on hold and take no further action while we consider your appeal.
    Only the bus lane enforcement charge notice(s) which you are appealing will be put on hold. We will continue to take action against you for any other bus lane enforcement charge notices which have been issued to you if you have not paid these or submitted a separate appeal.
     
  • Consider your appeal carefully, taking into account any evidence that you submit, relevant road traffic regulations, traffic orders and Council policy that relate to the contravention. We also consider the video evidence captured by the camera on the bus lane or bus gate.

We will usually contact you by email to let you know the outcome of your appeal. Please check your junk/ spam folder or add noreply@aberdeencity.gov.uk, donotreply@citismarti.co.uk and parkingappeals@aberdeencity.gov.uk to your approved email address list.

If we do not have your email address, we will write to you, or to the registered keeper of the vehicle if we do not have your address.

It may take us up to 90 days to make a decision on your appeal.

If we uphold your appeal, we will contact you to let you know. We will send you an official Notice of Acceptance and close the case. This means that the bus lane enforcement charge notice will be withdrawn and you will not have to pay the charge.

If we reject your appeal, we will send you an official Notice of Rejection. This will explain:

  • The reasons for our decision.
  • How to pay the bus lane enforcment charge notice
  • What you can do if you are still unhappy with our decision.

If you do not take any action once a Notice of Rejection has been issued, we will issue a Charge Certificate after 28 days.

If you are unhappy with our decision, you have 28 days in which you can appeal to The Scottish Courts and Tribunals Service. They are an independent panel of adjudicators who will consider your case. The Notice of Rejection will tell you how you can submit an appeal to them.

You can only submit an appeal to The Scottish Courts and Tribunals Service if we have issued you with a Notice of Rejection.

Once you have been issued with a Charge Certificate, you no longer have the right to appeal.

We may consider carrying out a review of your case at this stage but only in very exceptional circumstances. If you would like us to do this, please email parkingappeals@aberdeencity.gov.uk, giving an outline of why you feel your case should be reviewed, and provide any relevant documents as evidence.

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