Author Topic: Southwark Council - Code 33e Bus Gate / Dulwich Village (Northbound towards Pickwick Road)  (Read 146 times)

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Hello everyone,

I’ve received a PCN from Southwark Council for allegedly driving through a route restricted to certain vehicles (buses, cycles and taxis only).

Details:

* Council: Southwark Council
* Contravention code: 33e
* Location: Dulwich Village (Northbound) towards Pickwick Road
* Date/time: 12/05/2026 at 15:04
* PCN issued: 18/05/2026

I’m posting here to see whether there may be any grounds to appeal before deciding whether to pay or challenge it.

I approached the bus gate roundabout via Dulwich Village Road and took the 3rd exit onto Burbage Road before entering the restricted area.

PCN letter links:
https://imgpile.com/p/enJqBuy (PCN letter pages 1-2)
https://imgpile.com/p/hpKQe9M (PCN letter pages 3-4)
https://imgpile.com/p/mjJ55Vp (video footage entering Burbage Rd)

Google maps location of road approaching bus gate roundabout (turning right/3rd exit onto Burbage Rd):
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl


I’d really appreciate any advice on whether the signage, road layout, or PCN itself may provide grounds for challenge. 

Thanks very much for your help. :)
« Last Edit: Yesterday at 04:19:33 pm by terminator2000 »

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Family member received the same PCN in Sep 2024, the chief adjudicator allowed the appeal on the basis of a collateral challenge, because Southwark's PCN portal miscited the date for increasing the PCN charge to a charge certificate. It was a screenshot that won the case. We also challenged the PCN wording that's identical to the wording in your PCN in regards to the period for issuing a charge certificate. Paragraph 5(2)(a) under Schedule 1 of the London Local Authorities and Transport for London Act 2003 sets the period for issuing a charge certificate as 28 days from the date of service of the notice. We argued the PCN wording disregarded the service period and it did not meet the strict legal criteria thus was unenforceable. Had mentioned the extensive information on the associated time-plate cannot be assimilated under the conditions of the roundabout. The adjudicator was more interested in the PCN portal argument. Just make sure you routinely take screenshots of the PCN portal incase Southwark make an error when citing dates and such like.

Thank you for your reply Ryan, your insight is really helpful! :)

I just looked on the PCN portal again, and I can't find any date for PCN increase to Charge Certificate (https://imgpile.com/p/JNYOd6O). Please do tell me if I've looked in the wrong place, or if maybe they have removed that line since you raised it, maybe?

Also, how did you argue the case for issuing the charge certificate? As far as I can tell, Southwark also say it's 28 days after notice is served? How does this relate to Paragraph 5(2)(a) under Schedule 1 of the London Local Authorities and Transport for London Act 2003? (https://imgpile.com/p/FqOQTot)

I like the argument of the information dense time-plate on the entrance to Burbage Rd. Did they not counter it with the sign also being present on the entry road into the roundabout? (https://imgpile.com/p/DI7FY5M)

Thank you again Ryan, you've been a tremendous help!

Just below the image from the ANPR camera on Page 1 of the PCN paperwork it states:

“If full payment has not been made before the end of the period of 28 days beginning with the date of this notice, a Charge Certificate may be issued increasing the amount outstanding by 50% to £240.”

That was the same PCN wording that I challenged when I argued the appeal. The wording should say ‘from the date of service of this notice’ or to that effect, otherwise the appellant is not afforded the full statutory provisions.

In terms of the PCN portal, the wording error came after they rejected my representation, a yellow box appeared above the blue box stating it would increase the charge by 50% on a date that it was not meant to. I calculated the correct date from 28 days the Notice of Rejection is served. The period of service affords two extra days from the date of issue.

Although the PCN portal looks quite similar in appearance, the blue box seems visually different as it now has a green border, I wonder if they have rectified any software issues that were causing incorrect date citations...that's why it's important to monitor your PCN case updates on the portal. For instance another local authority said it received my PCN challenge on a different date than when I submitted it online, so I have used that argument as well. In the corner of my Apple computer I clicked the date dropdown, then I screenshot the webpage including my desktop for evidence to ensure there was a date stamp.

If no errors arise on the PCN portal, then it makes the case more risky at appeal.

Before submitting representations, it’s advisable to film a reconstruction video of the route taken from the vehicle dashboard, I suspect your route of approach may have been via College Road (unless I am mistaken?). Upload the video to a platform ensure it is set to unlisted (link access only). Then copy the youtube video link into your representations when making a signage argument. Don’t click on the link, keep it at zero views. When the Local Authority reject the representation, go and check the view count, if it’s still at zero...then they did not view attached evidence, and it may constitute a ‘failure to consider’. You could then cite paragraph 1(7) under Schedule 1 as a supplementary legal argument.

I can draft a representation on the PCN wording and signage points, but they will reject it. That's why the above strategy is important to ensure you have as many lines of argument to deploy.

Ahhh, I see.

Did they reject your representation based on the argument that the PCN wording was incorrect?

I'll make sure to keep a look out the PCN portal for sure. Also, thanks for the advice on screenshotting after submitting the appeal, in case they state a different date.

Is the appeal process only after your representation is rejected? Which makes the process riskier as it would then risk the full £160 payment if the appeal falls through? Apologies for all the questions...

You're right, it was via College Rd. Unfortunately, I live outside of London and was only visiting a friend there, so I don't think I'll be able to film a reconstruction video. However, could I use different video/footage and still apply that rule, in case they do not view the attached evidence?

Ryan, you've been fantastic help, honestly, thank you. A draft would be tremendously useful, if it's not too much to ask for, thank you again! :)

So, do you advise submitting the representation based on the PCN wording and signage points? And then if rejected, proceed with appeal? Is the appeal assessed by London Tribunals rather than Southwark Council themselves?

Ryan93 has described what we call a "collateral" challenge against a PCN. These are based on council, (and also TfL) mismanagement of the enforcement process and have won quite a few adjudications at London Tribunals now, so if you're willing to risk the full PCN penalty, then go for it. If you win you pay nothing, and if you lose, you pay the PCN penalty, there are no additional costs at all.

As for the contravention itself, your GSV link shows an advance warning sign on your approach, and also, if one zooms in, one can just see the blue "buses only" sign at the street entrance. So I don't think one can argue on inadequacy of signage.

For some reason, GSV doesn't cover the actual roundabout at all. Maybe they're currently working on it !

@Incandescent, thanks for your reply, noted on signage and you may be correct, however it’s the timeplate that gives effect to the bus gate restriction, so the approach road can put the driver at a significant disadvantage. I will obtain dashcam footage today to ascertain the current perspective. Noticed a recent case on the register of appeals: 2250574895

@OP…to answer your question in the NOR they did not address my signage argument. It was the flaws on the PCN portal relative to the NOR that persuaded the adjudicator. TfL and Lambeth did not contest my recent appeals in 2026, purely by virtue of collateral arguments, however Southwark attended appeal in 2025.

If the LA rejects your representations, they should provide an appeal code with a Notice of Rejection so that you can lodge an appeal with London Tribunals where you can attach a letter of appeal and more evidence, as there may be scope to make further technical legal points to challenge administratively with the NOR and PCN portal. While it’s possible the LA may reoffer the discount. So you have to weigh up the risks and prospects. Should you wish to risk the full penalty at tribunal, then you can either represent yourself or have an appointed representative present your case by video hearing. I only represent close family, but can make an exception if you don’t feel confident in representing yourself. If you win…just donate an amount to South Essex Wildlife Hospital as they help rescue foxes as do LFB.

I have now obtained reconstruction footage:
Image dashcam image hosted on ImgBB
ImgBB · ibb.co


The advance warning sign is visible and displays the complex timing structure, but it's quite challenging to assimilate the full extent of the timing restrictions in transit: 'Mon - Fri 8-9am 3.00-4.30pm' especially the second time period (that pertains to your case). The reconstruction footage also shows that when exiting the roundabout the Bus Gate info is not readable until the vehicle is virtually on top of the restriction.

There was only two seconds between the point of adjusting the course of your vehicle until you passed the sign, it would have been difficult to take evasive action. From the point of college road to exiting the roundabout, did you notice any signage? was the blue bus gate sign in your window of view?

I can draft a representation in a PDF document for you to submit via the PCN portal, I will make sure the link to the dashcam reconstruction footage is not a hyperlink, so they would need to actually copy and paste into a web browser to view the evidence.
« Last Edit: Today at 12:39:31 pm by ryan93 »

Ryan, you are a godsend. Honestly, cannot appreciate your help enough, thank you. Hopefully, should we win, I will definitely donate to the South Essex Wildlife Hospital.

Thank you @Incandescent for your explanation above on how the tribunal process works.

Also, thank you again Ryan for your explanation on the NOR process, post-rejection of the PCN representation. As well as taking time out of your day to film dashcam footage of the route, I really appreciate it.

Hearing your expertise and advice, I would be grateful for your help with the case and acting as the appointed representative should it proceed to the London Tribunals.

Your point regarding the timeplate is how I feel too, unfortunately, I didn't see the Bus Gate warning when exiting the roundabout, let alone the timeplate...

Could you argue that the only warning being at the entrance of the roundabout, and then the entry point of the exit, does not provide enough time to take evasive action? Hence, the CCTV is operating as a trap, rather than a preventative measure? (https://imgpile.com/p/XyNcQsL)

Thank you for drafting a representation, will you post it here or should I contact you privately?

Also, for the link to the dashcam footage, in case they don't view it and reject without consideration, how would that be proven without viewing it yourself as well, and increasing the viewcount?
« Last Edit: Today at 02:48:02 pm by terminator2000 »

Please note, I am not a legal practitioner, just a layman that responded to your forum post.

I have not yet drafted a representation, but it should be done by weekend.

PM your email and name. I will then email you a PDF representation.

You said you live outside of London, is the registered keeper address on PCN outside of London?

When submitting the challenge/representation on the PCN portal just attach representation and write ‘please find attached representation’ - make sure you attach it!

Before submitting the PCN challenge/representation, click the dropdown on desktop date, take screenshot of screen, and take another screenshot of webpage after confirmation of submission. Then go to PCN portal take a screenshot of that. Keep evidence organised in a folder.

Please let me know the date you intend to file the PCN challenge on the portal so that I can screenshot youtube analytics.

Keep monitoring the PCN portal at least twice a week.

On the date they serve a Notice of Rejection or they reject your representation, take a screenshot of the PCN portal and notify me of such, so I can check the youtube video analytics as to whether they viewed evidence or not. However they may view it, so don’t get your hopes up.

For the avoidance of doubt:
Image youtube studio hosted on ImgBB
ImgBB · ibb.co


Realistically PCNs are won on legal technicalities rather than signage.

On approaching the roundabout, did you see the advance warning sign? What did you make of it? Or was your focus on the roundabout entrance in case of oncoming traffic or pedestrians crossing at the island therein?