Author Topic: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection  (Read 2035 times)

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That history actually helps you, because although moving traffic PCNs under the 2003 Act do not carry the 56-day statutory response limit that applies to parking cases, London Tribunals say an authority should normally respond within 3 months, so evidence that Brent answered similar cases in 75 days and even within a month in 2023 makes it harder for a council to dress up a 131-day delay as due diligence rather than simple unreasonable delay.
« Last Edit: March 31, 2026, 03:14:39 am by Ex CPS here »
Retired CPS

You know who acted with due diligence in and in a timely manner recently? Transport for London. Last week I appealed a box junction PCN, they accepted my appeal in 23 hours and 52 minutes. That has to be some kind of world record for them.

Unrelated to this PCN, but is a Council also required to act with due diligence and in a timely manner in regards to registering the debt with the TEC after issuing a Charge Certifcate?

We received a Charge Certificate October 16 2024 for a PCN we didn't receive. This year they started sending letters offering us an extra-statutory reduced charge of £65. But I want to submit a Witness Statement saying we didn't receive the PCN, and eventually appeal the PCN once it has been reissued.

One case one thread.

Fair enough. Just to clarify though, which appeal grounds am I choosing here (a pcn issued under the LLA and TfL Act 2003) for appealing to London Tribunal for unconscionable delay?

You have posted:
I received a Notice of Rejection to a PCN I appealed 130 days ago.

The driver has misunderstood directions given

And, in the context of a different PCN, We received a Charge Certificate October 16 2024 for a PCN we didn't receive.

So, as you weren't the driver what weight would the adjudicator give to the issue of signage - as it appeared to the driver in real time- as opposed to just looking at the council's 'cold light of day' video and photos?

This question probably doesn't need to be asked, but I will...are you the person to whom the PCN was addressed or are you a corporate entity? If the latter, then do you have the addressee's authority to submit an appeal?

More info about a company background could help IMO.

For example, IMO if you should try to give the adjudicator some real practical and operational background rather than just go in cold with your 'unconscionable' argument.

If it applies maybe.......

***** is a haulage company which operates X vehicles from ** to ** tonnes. Such an activity in London invariably includes the risk of poor directions from clients in combination with what appears to us to be a proliferation of useage restrictions on main access roads. Consequently, being served with PCNs is not an unknown. We make every attempt to deal with these within procedural time frames and could at any time have one or more PCNs in various stages of enforcement.
Dealing with these is not a full-time establishment post within the company but recently has been taking up more of our time as authorities' responses, when strict regulatory limits do not apply, seem to be taking longer. This makes effective management more difficult and could even lead to drivers and authorised persons concerned having left.

....


I took on board what you said and this is my draft atm
Google Docs · drive.google.com


And I'm presuming I go with "The contravention did not occur" as the grounds of appeal.

Your argument relates to substantive and procedural issues, I therefore suggest you go with 'contravention did not.' and 'penalty exceeded.....circumstances of the case..'.

Thanks for clarifying, I will do that. I had not considered that it applied to anything other than the literal charge value. And actually just reading the London Tribunal site would have dispelled my assumptions.

These are the only grounds - or reasons - on which you may appeal against a moving traffic Penalty Charge Notice. The contravention did not occur For example, there was no failure to comply with a ...
London Tribunals · londontribunals.gov.uk

The Council submitted a DNC and sent me an email saying

"Thank you for writing to us about the above Penalty Charge Notice (PCN).
I am writing in connection with your appeal to the London Tribunals Environment and Traffic Adjudicators.
We have decided, without prejudice to our position, to cancel this Penalty Charge Notice (PCN).
We will therefore not be contesting your appeal and have advised London Tribunals of our decision.
However, this is not an acceptance of your arguments.
The PCN was correctly issued, and your vehicle did not have an exemption.
This is purely a one-off discretionary gesture of goodwill, with important advice that you must now follow.
For delivering to the Imperial Road development site, drivers must access the area from Wandsworth Bridge Road and then via Townmead Road, and must then depart back the same way to Wandsworth Bridge Road.
The centre part of Imperial Road cannot be used.
Please inform your drivers.
As you have now been fully informed, any future PCN issued in similar circumstances may not be cancelled."



Their usual arrogant tosh.

Perhaps I should offer my own important advice that they must now follow... that they should act with due diligence and in a timely manner lol