Author Topic: PCN - Swindon Borough Council Bus Lane  (Read 491 times)

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AceKingPin

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #30 on: December 11, 2024, 09:32:12 am »
Good luck with your hearing on Friday - I'm interested in your outcome as I am in the same situation.

I've only been at a hearing once before and am not a lawyer, but I would say you should know the legal statute you are using, and maybe prepare by considering likely counter arguments by the council and your response to those?

azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #31 on: December 11, 2024, 05:09:38 pm »
Dear team,
Great news ..I won the appeal against the Swindon council for the Bus lane PCN.
The adjudicator upheld my argument on the grounds of procedural improvement which was based on the older 2005 legislation.

Note -There was no formal hearing due to my request to postpone but  adjudicator promptly resolved through Q&A /review in the portal with Swindon council representative.

The Council is directed to cancel the PCN.

I would like to wholeheartedly thank cp8759 , Incandescent and others for their time in reviewing my PCN and providing the suggestion without which this would not have been possible...

Thanks you all again...


AceKingPin

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #32 on: December 11, 2024, 06:28:48 pm »
That's great news - thank you for confirming.

If I may ask @azuremumbai80 - is there a case number you are willing to share that I can quote on my initial response to Swindon council regarding your citation of the procedural error and the adjudicator's outcome - which might help me in my case?

I have the same format PCN as the one you submitted, so think my case is in scope for the same grounds to contest this.

Many thanks.

John U.K.

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #33 on: December 11, 2024, 06:49:53 pm »
Dear team,
Great news ..I won the appeal against the Swindon council for the Bus lane PCN.
Thanks you all again...


Well done! To help others, when you receive the printed decision, please post copy here, as, unlike London Tribunals, TPT do not put their decisions online.

azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #34 on: December 11, 2024, 06:54:21 pm »
Yes sure @AceKingPin my case number is SI00031-2411..
I will soon upload the judgement copy after redacting some personal information,

azuremumbai80

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #35 on: December 12, 2024, 09:37:31 am »
Morning All,
As promised please find attached the final decision for the Swindon Bus Lane contravention.

Hope its helpful for others in a similar situation ..

Many thanks for your support.

@AceKingPin for your information-Attachment
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AceKingPin

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #36 on: December 20, 2024, 11:48:40 am »
Hello all, I managed to get my PCN cancelled by Swindon council for the same reasons as @azuremumbai80 - 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 @Incandescent and @cp8759 for your awareness of these elements, it is a great help.

Incandescent

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #37 on: December 20, 2024, 11:54:35 am »
And no doubt Swindon BC will just carry on issuing unlawful PCNs because they know that as soon as most people received one, they immediately cough-up, and there are no sanctions against them for doing so, although IMHO malfeasance is what they are engaged in.

https://www.cps.gov.uk/legal-guidance/misconduct-public-office

So until the council officer in charge of enforcement goes to jail, they'll just carry on.

Incandescent

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #38 on: December 20, 2024, 12:36:24 pm »
Just to add that I found this, on the Law Commision website
https://lawcom.gov.uk/project/misconduct-in-public-office/
The report was issued in 2020, so I don't hold out much hope of reform. What is needed is a law that at least makes our council officials look over their shoulders much more.


cp8759

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Re: PCN - Swindon Borough Council Bus Lane
« Reply #39 on: December 20, 2024, 06:03:49 pm »
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