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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice.
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green way charge front view camera

Customer Question

green way charge front view camera
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

green way bus lane camera has taken front view photo, i thought their was a privacy law.went on holiday can only prove when i got back to find i did not pay original fine and the next fine now £90.00 it was passed to scott co sheriff officers now £175.00

Expert:  Jo C. replied 4 years ago.
Were you in a bus lane please?
Customer: replied 4 years ago.

yes i was in the bus lane

Expert:  Jo C. replied 4 years ago.
And was the fine sent out to you?

Followed by a Notice to Owner and then a charging order?

I realise you were away but did you get them when you returned?
Customer: replied 4 years ago.

it was to late to pay original fine

Expert:  Jo C. replied 4 years ago.
So did you get everything?
Customer: replied 4 years ago.

yes i got everything

Expert:  Jo C. replied 4 years ago.
Thats not good news I'm afraid.

Come what may, they sent you out a PCN to the address of the registered keeper for an offence that you don't seem to dispute. You didn't respond and so it went to Adjudication. You are liable unfortunately.

I was hoping that you had grounds to make a statutory declaration but you don't here. You received everything at the address that the DVLA have for you. It just wasn't accessed by you because you were away. There is case law that says that people abroad should keep tabs on their post in the UK I'm afraid.

If you write to the Council though explaining the situation they may cancel it and take the matter back to the PCN stage in the interests of fairness. There isn't a high chance of that but its possible and so you may as well try it. You can send a letter recorded next day delivery so it will not eat into your time deadline.

Otherwise though, I'm very sorry but you are liable. You are too late to appeal on facts unfortunately.

I wish I could say something more positive but I can only tell you the right answer.

Can I clarify anything for you?

Customer: replied 4 years ago.

thanks but i thought they may be a privacy law thats why you can only get charged for speeding by camera from behind

Expert:  Jo C. replied 4 years ago.
A privacy law does not affect law enforcement from an authorised detection device and you very definitely can be captured from a front facing camera. Thats what Truvelo cameras are.
Customer: replied 4 years ago.

thanks bye

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.