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Hi there,

LB Havering has issued a PCN for parking in our own car park.  I've won over 50 previous challenges against PCN's issued for exactly the same thing so I'm on pretty certain ground BUT LB Havering have changed the wording on their PCN and it's this I would like clarification on.  The reverse of the PCN now says,

""Please quote the Penalty Charge Notice number, the vehicle registration and your address details in all written correspondence. We cannot accept verbal challenges in person or on the telephone.

Any challenge made is against the full charge and the 14 day discount will not be offered."

Is this wording legal? Firstly, can they refuse to accept verbal challenges, and is this contrary to any anti-discrimination laws?  Secondly, can they refuse to offer the 14 day discount if any challenge is made?

Thanks in advance.

Hi John,

I don't need advice on anything other than the specific wording that I've quoted so I'd rather not waste everyone's time by posting the PCN and location etc.  It's only this new specific wording that I am after an opinion on.

If you really need me to I'll post everything up but because of the very specific advice that I'm after I'd rather not.

Do not pay this as their website is in disarray.

Interestingly, I've just had a look on Havering's own website and it links to their policy on Enforcement and Cancellation of PCNs. 

There's a link here - https://www.havering.gov.uk/downloads/file/96/policy-for-enforcing-or-cancelling-a-pcn

If you scroll to the bottom, you will see Appendix A, where you can see that it lays out an application to the London Councils Transport and Environment Committee.  It is dated 2013, but has not been updated or confirmed as to whether or not the application was agreed either way look at Point 8, and then Point 15.

I would argue (and in fact shall be arguing as one of the points in my defence of this PCN) that where this PCN states - "We cannot accept verbal challenges in person or on the telephone." which is in bold on the PCN, that this fetters discretion and is in direct contradiction to the council's published policy. That the statement is in bold is, in my view, important as it suggest that this is an absolute.  I think that because the PCN says something that is in direct contradiction to the council's own published policy of enforcement/cancellation of PCNs that it is automatically unenforceable.

I would appreciate the thoughts of others on this matter.

There is no right in law to be re-offered the discount if representations are rejected, other than if the rejection is received within the discount period, then the discount is still available no matter what they may say. Under the 1991 legislation, there was no right to the discount, but most councils did re-offer it. When the Traffic Management Act 2004 took over, it was accompanied by Statutory Guidance. In the Act it says enforcement authorities "must have regard to the guidance". The guidance recommends that the discount is re-offered when refusing informal challenges.

I would add that in my opinion, stating that you are no longer going to follow the guidance because it's costing you money is a blatant disregard to it, but that's just my opinion.


 Nottingham lost a case on the discount some years ago in relation to a bus lane PCN, where there is no informal challenge facility. The appellant tried to pay within the discount period having got fed-up waiting for a reply and payment was refused. The adjudicator ruled that the discount is a right in law, provided payment is made within its timeframe regardless as to whether representations had been submitted.

The OP is well known to us and will no doubt see off this PCN as he has all the many others.

Let's see what Havering does when he challenges.

@Unimexsol You come onto this website and refuse to enter your details.    Therefore, are you seriously interested in receiving advice or not? If the latter, I will report your posts to the Moderator and Administrator as we have better things to do. For example, cases have been won today by our members. I include myself. And our Administrator who is like Mozart.

Hi John,

I don't need advice on anything other than the specific wording that I've quoted so I'd rather not waste everyone's time by posting the PCN and location etc.  It's only this new specific wording that I am after an opinion on.

So, you know what you can do.