DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 48559--------------------------------------------------
Swindon Code 34J Being in a Bus Lane - Penzance Drive
DIR By: AceKingPin
Date: December 6, 2024, 3:00 am
---------------------------------------------------------
Hello,
I'm a recipient of a PCN from Swindon, code 34J, Being in a Bus
Lane - Penzance Drive, on 27/10/24 at 10:19:07.
PCN # [There are 3 for some unknown reason]: SI72816908 (issued
11/11/24 via leasing company), SI7282567A (issued 27/11/24 via
leasing company), SI72837340 (issued 03/12/24 direct by post)
VRN #: ND73FHL
My timeline as follows:
1. The car is a leased car, so I received email notice of this
PCN (SI72816908) on 11/11/24 from our leasing company
2. I checked
HTML https://ww6.swindon.gov.uk/SBCEpay/pcn/pages/getdetails.aspx
and
HTML https://parking.swindon.gov.uk/Pages/OnlineFormalRep.aspx
on
20/11/24 regarding the PCN, and found that £0 was due. I took a
screenshot of each of the 2 websites confirming £0 was owing [I
can provide on this post if required]
3. I phoned Swindon council around 20/11/24, and the agent
confirmed £0 was owing. I don't have proof of this other than
the phone bill of the call
4. I was chased again by the leasing company on 27/11/24. I
didn't know it at the time, but the PCN changed to SI7282567A
5. I checked
HTML https://ww6.swindon.gov.uk/SBCEpay/pcn/pages/getdetails.aspx<br
/>once again, which again showed £0 was owing
6. I then receive the postal PCN on 05/12/24, with yet again a
new PCN # SI72837340. This one is active on the council website.
Do I have any case regarding the way I have been served this
notice by the council, with 3x PCNs - 2 of which say £0 on the
council website plus my phone call to them with an agent
confirming the same?
Otherwise my inclination is to pay the £35 fine within 21 days.
I've also read the thread on
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-swindon-borough-council-bus-lane/msg41636/<br
/>for another poster on this forum, so can provide full copies
of
the PCN photos if necessary.
Many thanks, AceKingPin
#Post#: 48590--------------------------------------------------
Re: Swindon Code 34J Being in a Bus Lane - Penzance Drive
DIR By: fraser.mitchell
Date: December 6, 2024, 5:47 am
---------------------------------------------------------
Sorry, but no good without hard data like PCNs etc
So read this and update your thread accordingly: -
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
For lease/hire cars, the V5C is held by the lease/hire company,
so any postal PCN goes to them first. This is because the owner
of the vehicle has the legal responsibility for paying or
appealing a PCN, the driver has no standing in the matter.
However, lease/hire companies can appeal the PCN on the basis of
being a lease/hire company but must provide name and address of
the lessor/hirer. A fresh PCN then goes to that person. So if
the lease company have done their job right, the first PCN will
have been cancelled, and a new one sent to you.
If the two PCNs the lease company sent you are for different
days/places, you may be getting another PCN shortly. The PCNs
they sent you will have their name and address on.
#Post#: 48610--------------------------------------------------
Re: Swindon Code 34J Being in a Bus Lane - Penzance Drive
DIR By: AceKingPin
Date: December 6, 2024, 6:43 am
---------------------------------------------------------
Thank you [member=12]Incandescent[/member] for your advice.
Based on what I'm reading the practice of using multiple PCN
references whilst the PCN works its way through to owner
(leasing company) to hirer (me) is normal and not a reason to
challenge.
The most recent PCN does have my details on it, whilst the
earlier ones sent to the leasing company have theirs on it.
As I don't see much by way of compelling arguments for appeal in
relation to Penzance Drive on this forum, I'm going to pay the
reduced fine.
Many thanks again.
#Post#: 50557--------------------------------------------------
Re: Swindon Code 34J Being in a Bus Lane - Penzance Drive
DIR By: AceKingPin
Date: December 20, 2024, 5:49 am
---------------------------------------------------------
Hello all, I managed to get my PCN cancelled by Swindon council
for the same reasons as [member=2907]azuremumbai80[/member] - by
submitting the following representation:
"Dear Swindon Borough Council,
I believe that this PCN is invalid and must be cancelled because
it does not comply with the mandatory requirements of regulation
3(2)(b) of The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022.
Procedural impropriety became one of the grounds upon which
representations could be made under these 2022 regulations.
The PCN's page for representations lists the old 2005
regulations and doesn't contain the full list of statutory
grounds for a representation.
I am also aware of a successful challenge at Tribunal in
relation to case number SI00031-2411, PCN # SI72804603, where
the above challenge was upheld by Adjudicator Robinson on
11/12/24. I attach the adjudicator's decision here.
I therefore request that Swindon Council cancel this PCN to save
time for everyone involved."
Thank you to [member=12]Incandescent[/member] and
[member=1]cp8759[/member] for your awareness of these elements,
it is a great help.
*****************************************************
Page 1 of 1