3. PCN - Swindon Borough Council Bus Lane
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Incandescent

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #15 on: October 21, 2024, 10:04:59 am »
Whilst Page 1 of the PCN lists the correct regulations for the PCN, the page for representations is seriously misleading as it lists the old ACTand the old regulations, and in addition, does not contain the full list of statutory grounds for a representation.
This, for me, is a serious error and grounds for cancellation of the PCN. I would take this all the way to adjudication of the grounds of procedural impropriety. This is one of the statutory grounds omitted by the council on their PCNs. Councils must obey the law just like they expect motorists to.
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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #16 on: October 21, 2024, 07:05:18 pm »
Is there any link for the statutory grounds that you can please guide me for reference ?
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Incandescent

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #17 on: October 21, 2024, 07:07:21 pm »
Quote from: azuremumbai80 on October 21, 2024, 07:05:18 pm
Is there any link for the statutory grounds that you can please guide me for reference ?
Here: -
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
Regulation 5
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cp8759

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #18 on: October 22, 2024, 12:02:05 am »
Video:

https://www.youtube.com/watch?v=RXSqwLtNNpw

@azuremumbai80 this is the best rep I could come up with at short notice:

Dear Swindon Borough Council,

The 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.

Yours faithfully,

Send it online and keep a screenshot of the confirmation page.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #19 on: October 27, 2024, 11:21:58 am »
Thank you so much for your advice @cp8759.
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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #20 on: October 27, 2024, 11:56:18 am »
Do I need to also provide the link in my  representation such as the below :-


https://www.legislation.gov.uk/ukdsi/2022/9780348232752/contents
Regulation 5
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cp8759

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #21 on: October 27, 2024, 02:07:18 pm »
@azuremumbai80 no, they're supposed to know the law that they purport to enforce.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #22 on: November 02, 2024, 07:59:45 pm »
Hi team,
Thanks for your support . I got  a rejection for my representation and have been asked to reach out to the Tribunal .
Should I take the same argument to the Tribunal now.Pleas e guide..
Letter as attached and link

https://1drv.ms/b/c/8af311400893ecfb/EVzL2SRp_hlJikscbtn1wqABRjtBnjkFj9Iih7h_XPMHZA?e=XBt9Ef
« Last Edit: November 02, 2024, 08:01:44 pm by azuremumbai80 »
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Incandescent

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #23 on: November 02, 2024, 08:03:54 pm »
Quote from: azuremumbai80 on November 02, 2024, 07:59:45 pm
Hi team,
Thanks for your support . I got  a rejection for my representation and have been asked to reach out to the Tribunal .
Should I take the same argument to the Tribunal now.Pleas e guide..
Letter as attached and link

https://1drv.ms/b/c/8af311400893ecfb/EVzL2SRp_hlJikscbtn1wqABRjtBnjkFj9Iih7h_XPMHZA?e=XBt9Ef
If it were me, I'd be taking them to the tribunal. Councils must obey the law same as you.
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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #24 on: November 04, 2024, 10:08:22 am »
I am just filling the tribunal appeal(Traffic Penalty Tribunal) form and can note that even questionnaire tribunal list does not cover all the ground as listed in the Section 5 -
The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 below. I have attached the screenshot.


https://www.legislation.gov.uk/uksi/2022/576/regulation/5/made

Please guide.
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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #25 on: November 15, 2024, 02:46:27 pm »
Hi All,
Hope you are well.

Following my appeal , I have been asked to go for a Telephone  or Video or Adjudicator hearing.

Any recommendation which one should I take first..
The default if unanswered in 7 days goes to adjudicator. 
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Incandescent

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #26 on: November 15, 2024, 05:40:34 pm »
Quote from: azuremumbai80 on November 15, 2024, 02:46:27 pm
Hi All,
Hope you are well.

Following my appeal , I have been asked to go for a Telephone  or Video or Adjudicator hearing.

Any recommendation which one should I take first..
The default if unanswered in 7 days goes to adjudicator.
Either phone or if you have the kit, video, and never adjudicator, which means there is no hearing, all the adjudicator does is read the papers and comes to a decision.
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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #27 on: November 15, 2024, 06:06:25 pm »
Thanks..

Please find the Authority Summary for the Appeal-

Authority Summary:   The Penalty Charge Notice has been issued correctly and in line with current legislation.  The document contains grounds for representation.  Documents were updated when the new legislation came into force.

Mrs Divya Shetty vehicle has been observed on CCTV driving through Penzance Drive Bus gate.  There are clear signs in the area including a sign at the pedestrian crossing alerting road users of the upcoming bus gate, as well as a sign on the traffic lights showing no left turn accept for buses, taxi’s and cycles.

We do not believe that there has been any procedural error and the Penalty Charge Notice has been issued correctly.






My Appeal statement :-



Grounds of Appeal:   
The authority made a procedural error

I think I have compelling reasons

Explanation:   
Whilst Page 1 of the PCN lists the correct regulations for the PCN for my car Lg23WKT, the page for representations is seriously misleading as it lists the old ACT and the old regulations, and in addition, does not contain the full list of statutory grounds for a representation.  This is a serious error and grounds for cancellation of the PCN. I would like to raise this with Traffic Penalty tribunal on the grounds of procedural impropriety.  This is one of the statutory grounds omitted by the council on their PCNs. Councils must obey the law just like they expect motorists to.


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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #28 on: November 30, 2024, 08:02:46 pm »
Hi All,
 I have got a hearing date on 13/12/2024 with the Tribunal.

Any additional preparatory evidence iid you can please guide ?


Date:   13/12/2024
Time:   15:00 pm - 15:30 pm
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azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #29 on: December 09, 2024, 10:05:54 am »
Morning All,
 Any useful guidance for the hearing that I could apply for the procedural shortcomings. 
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