Free Traffic Legal Advice

Hello all, and thank you for this wonderful platform.
I received a PCN from the council for the stated reasons, however the paint from the supposed zig zag lines are completely faded. There are no lines on the ground and as a result many people have parked there including myself and gotten a fine. I initially challenged this with the council and received a response basically rejecting my challenge. The letter said if I wished to make formal representations then I needed to wait for a NtO, which I never received. I have now been sent a Charge Certificate? with no options for adjudication. I think this is unjust, would it be worth challenging it all the way? I have attached pics below.

Is the address on the Charge Certificate correct in every detail and the same as the address on their letter of rejection of informal representations ?

Is the vehicle leased ?

The vehicle belongs to me, it is not leased. And all the address details are correct, I have received no other correspondence from the council in relation to this PCN.

OK fine.

You cannot submit reps against a CC, only pay it, but advice here is not to pay it as there is a legal process to get the matter back to the NtO stage.

The final enforcement stage after an unpaid CC, is the council register the PCN debt at the Traffic Enforcement Centre, which adds £10 to the CC amount, and they also include the form to submit a Witness Statement. You can, when the OfR is received, then fill this form in, and submit it to TEC ticking the box for "I did not receive the Notice to Owner".  TEC then cancel the OfR and the CC and the case reverts back to the Notice to Owner stage.

After the period for payment of the CC expires, you must become proactive to make sure you don't miss the OfR. You do this either by calling TEC every 7-10 days, quoting the PCN Number, or you can go onto the Bexley webpage that allows you to see the status of the PCN. Once the amount owing gets to the CC + £10 amount, you can actually download the Witness Statement form from TEC, fill it in and email it back to them.

BTW there is no possibility whatsoever of getting a CCJ in the process, it was deliberately removed when the original legislation came in in 1991.

Come back here when the debt is registered and an OfR is on the way to you

While you're waiting, can we get back to the alleged contravention pl.

You said that the lines were faded which rather suggests that lines, albeit indistinct, were under your car.

But as far as I can see the zig-zag area terminates before your car and you were not on any lines. Look at GSV and go back to 2019 where the lines are marked - if I have the correct location. Importantly, you can see that the lines adjacent to your kerb terminate at the same point as those marked on the other side of your carriageway...and these can still be seen in the council's photos ahead of your car. So, when the markings were first placed they were of the same length, so why should now be any different?

Quote from: Annah on January 07, 2025, 11:17:50 pm

The vehicle belongs to me, it is not leased. And all the address details are correct, I have received no other correspondence from the council in relation to this PCN.

OK fine.

You cannot submit reps against a CC, only pay it, but advice here is not to pay it as there is a legal process to get the matter back to the NtO stage.

The final enforcement stage after an unpaid CC, is the council register the PCN debt at the Traffic Enforcement Centre, which adds £10 to the CC amount, and they also include the form to submit a Witness Statement. You can, when the OfR is received, then fill this form in, and submit it to TEC ticking the box for "I did not receive the Notice to Owner".  TEC then cancel the OfR and the CC and the case reverts back to the Notice to Owner stage.

After the period for payment of the CC expires, you must become proactive to make sure you don't miss the OfR. You do this either by calling TEC every 7-10 days, quoting the PCN Number, or you can go onto the Bexley webpage that allows you to see the status of the PCN. Once the amount owing gets to the CC + £10 amount, you can actually download the Witness Statement form from TEC, fill it in and email it back to them.

BTW there is no possibility whatsoever of getting a CCJ in the process, it was deliberately removed when the original legislation came in in 1991.

Come back here when the debt is registered and an OfR is on the way to you

Hello Incandescent,

The debts been registered and I have now received the notice to owner from the council 

Please screenshot their page re representations and current status.

I am unable to see any representations from the council, Bexley council don’t have a page for this on their website. I was sent a letter by the TEC, which I responded to via email. How do I request their representation?

Hi all,

The councils response was that despite the line being faded, they feel it was a contravention so I figured I might as well try and fight it all the way.

I’ve been given a court date for June, so I’d be grateful for any help or pointers that may help my case.
Thank you!