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smurftech
This has been dragging on a while now so i'm after some advice, here's the background.

This is a company lease car, they pay all PCN's immediately then inform the driver, they have been no help with this at all, just stating it's their company policy to pay immediately etc.
My wife was driving not me, happened back in May but still trying to argue it, it was Manchester Oxford St. bus gated area, not disputing she drove there, just the fact I got 2 identical PCN's (apart from the PCN numbers) same date, time and photo.

When I got the 2 PCN's email from the lease company, I immediately filled in the MCC appeal form online. Got a reply by letter (after 3 weeks, sent to lease company not me) stating already paid so nothing to appeal, no notice of rejection of appeal, etc etc. Basically fobbed off and ignored the fact there are 2 tickets for same offence.
Sent 3 further emails to MCC representations email address, only replies I get are acknowledgements of my email then nothing.
Tried ringing a number I was given but it just rings and rings, never answered.
Also faxed my continued complaints about having 2 tickets for same offence.

The leasing company charges me a £10 admin fee (+VAT) for each PCN, so it has cost me £84 for a £30 bus lane ticket so far (already paid immediately as mentioned).

I've read that 2 tickets issued for same offence is illegal, is this correct?

I'm only trying to get 1 of them squashed but if I have a case for getting both of them squashed, even better. I assume something along the lines of a technical system fault therefore both can be dismissed?

Thanks
Mad Mick V
I doubt that you can get over the hurdles you have presented----not the owner----penalties paid ----no access to adjudication.

However if you can get written authority from the lease company to deal with the matter I would submit a formal complaint to the Council that they have acted illegally and that you want a refund of one of the PCNs.

The following case is similar (my bold) and it constitutes a continuous contravention (in your case it might be that they have made a another type of mistake):-

Case Reference: 2140244922
Appellant:
Authority: Barnet
VRM:
PCN: AG80947821
Contravention Date: 25 Jul 2013
Contravention Time: 18:46
Contravention Location: The Hyde, West Hendon Broadway
Penalty Amount: £130.00
Contravention: Being in a bus lane
Decision Date: 28 Jun 2014
Adjudicator: Gerald Styles
Appeal Decision: Allowed
Direction: cancel the Penalty Charge Notice and the Enforcement Notice.

Reasons: The appellant has attended today at the Angel with her husband Mr F. The Council was not represented at the hearing.

I am asked to overturn this penalty charge notice which the appellant emphasises was one of a pair of bearing the same time and date.

Mr F tells me that he calculates there is approximately some 250 metres between what is recorded.

The other penalty charge has been paid at £130 and I regard that as a closed file.

Given the proximity in time and space between the two occurrences I am not persuaded to uphold Barnet's claim to the second penalty charge under appeal today. Any Council arguments that separate bus lanes have a discrete legal status and thus justify two separate penalty charges on the facts of this case appear to me artificial and I do not accept them. I consider the appellant case stronger.

These considerations have resulted in me recording this appeal as allowed.
------------------------

Mick
cp8759
QUOTE (smurftech @ Fri, 3 Aug 2018 - 12:05) *
I'm only trying to get 1 of them squashed but if I have a case for getting both of them squashed, even better. I assume something along the lines of a technical system fault therefore both can be dismissed?

Forget about getting the PCNs cancelled, from the council's perspective once a PCN is paid the matter is closed.

However, the company's policy of just paying is and then charging you is obviously illegal, for the reasons explained here: http://forums.pepipoo.com/index.php?s=&...t&p=1354748

In short, the lease company is braking the law by purporting to deprive you of your right to access the tribunal, this is because under Article 6 of the European Convention on Human Rights "In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."

In this case the "independent and impartial tribunal established by law" is the Traffic Penalty Tribunal, but the lease company's policy is unlawfully depriving you of your right to access the tribunal. What the lease company should do is appeal every PCN on the grounds that the car had been leased to you, the council would accept the appeal, cancel the PCN issued to them, and in due course issue a new Penalty Charge Notice directly to you (and you could then pay or appeal in the normal way).

So at this point you need to take on the lease company as they are clearly breaching your legal rights. How exactly do they take payment?

Also post up the terms and conditions / policy they are relying on.
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