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Yes sure @AceKingPin my case number is SI00031-2411..
I will soon upload the judgement copy after redacting some personal information,

Morning All,
 Any useful guidance for the hearing that I could apply for the procedural shortcomings. 

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.

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.

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

Is there any link for the statutory grounds that you can please guide me for reference ?

Here is the FOI response from Swindon council on the Bus Lane PCN


Please find the response to your FOI request below;

1. For 2024, Number of PCN issued by council for Bus Lane camera in
Penzance Drive . Penzance Drive camera S0003 – 9,064 for 2024 so far

2.For 2024 , the total revenue collected from PCN for Penzance Drive bus
Lane camera . £267,172.69

3. Total number of PCN Appeals for Penzance Drive bus lane camera. 7 PCNs
appealed through Traffic Penalty Tribunal in 2024

4. Number of PCN Appeals lost by Council(Successful by the appellant) for
Penzance Drive bus lane camera and most prominent reason for losing the
Appeal by Council

6 appeals dismissed (appellant lost) 1 case still to be heard

In 2024 there were 1,659 representations, not specific to Penzance Drive
or Bus Lane PCNs.

In 2024 520 rejected bus lane representations, not specific to Penzance
Drive

In 2024 152 acceptances for bus lane representations, not specific to
Penzance Drive

5. The most common reasons for upholding the appeals

Unfortunately we are unable to provide this information as we would need
to go through each individual (9,064) case to check if the cases was
rejected, accepted or paid which would exceed the timescales.

Any updates from members with previous experience in appealing the PCN for this category.