3. Swindon Code 34J Being in a Bus Lane - Penzance Drive
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Swindon Code 34J Being in a Bus Lane - Penzance Drive
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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 https://ww6.swindon.gov.uk/SBCEpay/pcn/pages/getdetails.aspx and 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 https://ww6.swindon.gov.uk/SBCEpay/pcn/pages/getdetails.aspx 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 https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-swindon-borough-council-bus-lane/msg41636/ for another poster on this forum, so can provide full copies of the PCN photos if necessary.

Many thanks, AceKingPin
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Re: Swindon Code 34J Being in a Bus Lane - Penzance Drive
« Reply #1 on: »
Sorry, but no good without hard data like PCNs etc

So read this and update your thread accordingly: -
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.
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Re: Swindon Code 34J Being in a Bus Lane - Penzance Drive
« Reply #2 on: »
Thank you @Incandescent 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.
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Re: Swindon Code 34J Being in a Bus Lane - Penzance Drive
« Reply #3 on: »
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.
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