Free Traffic Legal Advice

Hi everyone,

I am posting on behalf of a friend who has received two Charge Certificates for Penalty Charge Notices (PCNs) that were never received. She is extremely shocked as this is the first time she is hearing about these penalties.

Here are the details as per the council's records:

First PCN:

• Contravention Date: 30/11/2024 at 14:37
• PCN Issue Date: 17/12/2024 at 03:00
• Charge Certificate Issued: 27/01/2025
• Contravention: 52(M) - Failing to comply with a prohibition on certain types of vehicle
• Location: Downhills Park Road N17 (Walpole Road Eastbound)

Second PCN:

• Contravention Date: 01/12/2024 at 00:47
• PCN Issue Date: 17/12/2024 at 03:00
• Charge Certificate Issued: 27/01/2025
• Contravention: 52(M) - Failing to comply with a prohibition on certain types of vehicle
• Location: Downhills Park Road N17 (Walpole Road Westbound)

Issue:

The registered keeper never received the original PCNs. If they had, they would have either paid or appealed within the time limit. Now, the charge has increased by 50%, making each penalty £195 instead of £130.

From my understanding, at the Charge Certificate stage, the enforcement authority will not engage and will likely advise waiting for the Order for Recovery (TE3/TE9 forms).

Questions:

1) For Moving Traffic Contraventions (MTC) issued by a traffic enforcement camera, how long does the council have to issue the PCN? Is it 14 days or 21 days?
2) Are these counted as working days or calendar days?
3) If the time limit is 14 days, does this mean these PCNs are invalid since they were issued on 17/12/2024, more than 14 days after the contravention?
4) What is the best course of action at this stage? Should we wait for the Order for Recovery and submit a statutory declaration stating that the PCNs were not received?

Any advice would be greatly appreciated, as this is very stressful. Thank you in advance for your help!

Charge Certificate - 1

Charge Certificate 2

Video for the 1st PCN

Video for the 2nd PCN

Does her name and address match in every particular that on her V5C?

Yes it does

Have a read of (and show her)
https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/

Thank you, I have read it as well and I have advised them to wait for the Order of recovery

just out of curiosity For Moving Traffic Contraventions (MTC) issued by a traffic enforcement camera, how long does the council have to issue the PCN from the date of the contravention , 14, 21 or 28 days