Free Traffic Legal Advice

Hello,

I have a feeling that I'm in the wrong here - but thought I'd post anyway. I parked in a designated disabled person's parking bay this Sunday evening at Lodge Place, Sutton, after 6.30 pm (there were about 8 bays and almost all were empty).

The signage read:

Disabled badge holders only
(separator)
8 am - 6.30 pm, 3 hours, No return within 2 hours
(separator)
At other times No limit

I took the separator to mean that after 6.30 pm that there was no limitation on any vehicle to park in this bay, which I thought was reinforced by the fact that there was a signage separator above it.

I've attached the PCN notice received. Do I have any case here, or should I pay the £70 (expensive mistake)?

As a grumble, this part of Sutton is a massive ring road, so you have to travel the entirety of if if you think you've missed a legitimate space - making it very hard to find parking on a Sunday evening (where you'd think roads after 6.30 pm on a Sunday are mostly free)

Many thanks and kind regards,

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.

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?

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

Hello @cp8759, I've just received the evidence pack in which my original challenge text was finally provided to me:

"Q: Please describe why you want to challenge the penalty charge notice
A: The lighting around the area and insufficient illumination of signage in advance of approaching the bus lane are the main reasons.
I was driving the vehicle at a time where street lighting was off, and I veered into the left lane assuming it was the safest lane to travel with and being uncertain whether the right lane represented a fork to force me to turn right. I didn't see adequate signage when approaching the lane (I don't think street lighting and signing was lit) that there was a restriction in that lane. I only realised after I saw the double dashed lines that gave way to the right lane traffic that I may have been in the wrong lane. But further to not seeing any visible signage on my approach, I was not aware that the validity of it extended to after midnight either. I thought it was safer for me to continue to proceed rather than reverse my car and then move to the right lane."

I would like to ask if you would be prepared to represent or assist me in this matter at all? My wife is the registered keeper and I was the driver at the time of the contravention, which has been recorded.

I'm happy to request switching the hearing to a telephone hearing as required, and I would maintain that I should still be allowed the discounted £65 rate given my earlier email submission and the council's failure to provide me with the above evidence text in time.

Thanks for your responses @cp8759 and @Hippocrates.

I'm saddened to hear the discount is gone, as I was told by the council that the 'case was on hold' - does that have no meaning? I've submitted my appeal based on your advice @cp8759 - have I lost my ability to claim a discounted reduction as a result?

I'm surprised it's taken so long for the council to provide me with my original representation text which is something I'd think could be retrieved in minutes rather than the order of a month, hence my question on whether this is unreasonable. I'd think I should be entitled to review all of my information submitted BEFORE I decide to appeal, not after - and I take issue with that.

Thanks @cp8759, I found the code in the end, had to rifle through some paperwork - so submitted a very brief appeal (ref 2240148427), stating:

"I was waiting for some further information from the council and I was under the impression the council had put the matter on hold from an email they had sent to me on 12/3/24, stating:

"We are in receipt of your further email and the case is on hold awaiting a response to be issued and sent to you. The Council are currently experiencing a backlog and so you may not receive a response for a further 2-3 weeks. The case will remain on hold until it is dealt with."

I've now received legal advice confirming the council cannot extend the 28 day appeal deadline. I am unable to form the basis of my appeal without the information I requested of the council on 12/3/24, so in lieu of this, I rely on my formal representations."

I'll know the Tribunal decision within 7 days on acceptance (or not) of my appeal.