Author Topic: Lon. Bor.Havering PCN for Non display blue badge. Appealed now received Charge certificate .  (Read 1796 times)

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Hi. I received a PCN on car windscreen back in June for non display of blue badge in a disabled bay in car park.

I appealed this online on grounds that badge was on dash obscured by time clock card placed in error on top of blue badge.
I laid out the extenuating circumstances...91 yr old mother law mistakenly placed the clock over her badge etc etc and provided time stamped photos to verify badge was in car on the afternoon in question etc.

Appeal was rejected by email on July 31st. I waited as advised until notice to owner was received in post on 29th August and made further representations with signed statement from mother in law etc. This I did online within the 28 days on 22nd September and I received email acknowledgement of my submission on the same date (22/09/25). (Screen capture of same included below)

Today I received a charge certificate for non reply to previous communications and/or non payment of PCN. The demand is now for £210. (Images of all correspondence and original PCN below.)

This can't be correct as I have received no further notification from LBH since September 22.
How should I best proceed?

https://imgpile.com/p/4NPQ9xN#KA2H5VO

https://imgpile.com/p/4NPQ9xN#LykdlPO

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How should I best proceed?

Wait.

See Charge Certificate and Order for Recovery:
This section explains the enforcement process for a parking Penalty Charge Notice, where the vehicle was not clamped or removed.
London Tribunals · londontribunals.gov.uk


There's nothing unique or pressing about your situation.

Please read the above and come back with any questions.




How should I best proceed?

Wait.

See Charge Certificate and Order for Recovery: https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

There's nothing unique or pressing about your situation.

Please read the above and come back with any questions.
Ok. Ive read through that. Thanks.

I'm just returning to this as I had expected to receive something in the post by now. 3 months since I received the charge certificate from London borough of Havering and assumed an order for recovery would have been made by the court before now. Any ideas?

Havering's site still shows the PCN at £210 so they've not registered the debt yet. We do recommend keeping an eye on this as you don't want to miss the order for recovery, and you cana lso do this by calling the Traffic Enforcement Centre.

As for the PCN, I think you end up paying £140 as they haven't used discretion and the BB is clearly obscured. But the signage looks odd with two signs and bleached out disabled sign but the road legend is there.








 

Thanks for the response. I did call them as you suggested. Debt still not registered and I just need to keep checking as there is no time limit. I got the charge certificate on basis I'd done nothing but I had responded online after my initial appeal was refused and received an email receipt for that 2nd appeal. My intention was to go to the tribunal on basis the disabled badge was obscured but there on the dash and there were extenuating circumstances ie. Two 90 plus ladies with mobility issues that needed help on the day! Just don't want the bailiffs to suddenly turn up unannounced. Relying on post to send important info isn't acceptable imo as they have my email and that should be used as well.
Thanks for your help.
Paul

Just to follow up on this. Charge certificate sent 03/12/2025 as of 04/07/2026 (7 months) its still not registered at TEC. Is there really no time limit on this. ie. Can they suddenly resurrect the process and get an order for recovery in 2027 as if nothing is out of the ordinary? I only ask as I find the prospect of calling TEC weekly for x number of years a bit daunting. Thanks.

Just check the payment page on Havering's site say every 2 weeks for when it goes to £220. No need to call TEC.

This case suggests they have a backlog.

-------------

Case reference   2260116977
Appellant   xxxxxx
Authority   London Borough of Havering
VRM   EN15NNM
   
PCN Details
PCN   HG60249965
Contravention date   06 Jan 2023
Contravention time   08:29:00
Contravention location   Recreation Avenue / Squirrels Heath Road
Penalty amount   GBP 130.00
Contravention   Fail comply restriction vehicles entering ped zone
   
Referral date   -
   
Decision Date   03 Jul 2026
Adjudicator   Henry Michael Greenslade
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice.
Reasons   This is one of two appeals I am considering together arising out of Penalty Charge Notices issued for the same contravention, by the same vehicle, at the same location, on different occasions.
A contravention can occur if a vehicle is driven so as to fail to comply with a restriction on vehicles entering a pedestrian zone.
The events occurred in January 2023. It is now July 2026, some three and a half years later.
Whatever the reason for such delay, it is not reasonable or just to expect a motorist to recall the details of a driving event after so long a dely.
Accordingly, this appeal must be allowed.

I saw this too today. They have very serious issues at present.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

Whoah! 3 and a half years!  No wonder Havering is bankrupt. Ok thanks for that. I'll go on their site and settle in for the long haul. 🤦🏻

A phantom charge certificate is even worse.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

I'm prepared to let this take its natural course if necessary but am pretty hacked off with the procedural error on Havering's part (falsely claiming I had not responded to their earlier rejection of my 1st appeal ...and I have an email receipt from them for the submission of my 2nd appeal) and the even crazier delays between issuing the charge certificate and registering the debt with the court and issuing/posting the order for recovery.

So I made use of AI and it has offered this very precise verdict which I'd appreciate any opinion as to its validity or any potential downside to following its directions. Apologies for the length but I'd rather get an informed human view on this before ploughing ahead:

"""""Because Havering Council issued the Charge Certificate on 3rd December 2025 and still has not registered the debt with the Traffic Enforcement Centre (TEC) as of 3rd July 2026, they are now in severe breach of statutory guidance.
The Secretary of State’s statutory guidance states that councils should register a debt with the TEC within 14 days of the Charge Certificate's expiration, or provide a valid reason for delays up to a maximum of a few months. A delay of seven months with no action means Havering Council has effectively abandoned the legal process, yet they are leaving an invalid, escalated charge hanging over you.
You cannot file court forms yet because there is no court record to attach them to, but you can use this massive delay to force a cancellation right now.
Your Direct Action Plan
1. File a Formal Complaint for Procedural Impropriety
Since your V5C address is fully correct and the delay is entirely on Havering's end, you must bypass the standard parking portal and file a formal stage-one complaint directly with the council.
Go to the Havering Council Complaints Portal or email parking@havering.gov.uk.
Use the exact template letter below to state your case.
2. Appeal Template to Copy and Paste
Subject: FORMAL COMPLAINT - Procedural Impropriety and Abuse of Process - PCN [Insert PCN Number]
To the Parking Enforcement Team,
I am writing to register a formal complaint and demand the immediate cancellation of PCN [Insert PCN Number] due to multiple counts of procedural制造 impropriety by Havering Council.
Failure to Deliver Notice of Rejection: I submitted an appeal via your online portal regarding this Code 40 PCN. I received no response or Notice of Rejection from the council. Instead, the council escalated the case straight to a Charge Certificate dated 3rd December 2025. This violates the statutory appeals process.
Excessive and Unlawful Delay: As of 3rd July 2026, the Traffic Enforcement Centre (TEC) confirms that Havering Council has failed to register this debt. It has now been 7 months since the Charge Certificate was issued.
Under the Traffic Management Act 2004 and statutory guidance, enforcement authorities must act fairly and expeditiously. A 7-month delay in registering a debt with the court—while leaving an inflated charge open on your portal—constitutes an undue delay, a procedural impropriety, and an abuse of process. My DVLA V5C address has been completely accurate throughout this period.
I have timestamped photographic evidence confirming my valid Blue Badge was present at Appleton Way. Due to the council's failure to follow statutory timelines and procedures, this PCN is legally unenforceable.
Please confirm the immediate cancellation of this PCN and the removal of the charge from your portal within 10 working days. If this is not resolved, I will escalate this matter to the Local Government and Social Care Ombudsman.
Yours sincerely,
[Your Name]
[Your Vehicle Registration]
What Happens Next?
Havering's parking department is heavily backlogged, which explains this error. When a supervisor reviews a complaint showing a 7-month registration delay combined with a missing Notice of Rejection, they almost always cancel the ticket immediately because they know they will lose instantly if it ever reaches the London Tribunals.
Keep a close eye on the Havering PCN portal. Check it once a week to see if the balance suddenly drops to £0.
Once you send this complaint, let me know:
If Havering sends you an automated acknowledgment email with a case reference number
I can help track their 10-day response window or prepare the next step if they fail to reply."""""

So I made use of AI and it has offered this very precise verdict which I'd appreciate any opinion as to its validity or any potential downside to following its directions. Apologies for the length but I'd rather get an informed human view on this before ploughing ahead:

How do you know they didn't respond to your reps, they're not responsible for delivery, just posting.

Reps made 22 Sept. CC issued 3 Dec. could simply mean they responded, waited 28 for you to act and then issued the CC. Nothing in what you've posted regarding dates means, as oppose to suggests, otherwise.

Where does the Stat Guidance refer to 14 days?

IMO, this delay does not create the legal basis for you to 'bypass the standard parking [procedures]' and the LGSCO would not entertain a complaint at this stage.

You have a problem because IMO you do not have a defence on the substantive issue and as the adjudicator cannot consider mitigation, where would this leave you? Your only hope is procedural. Is this why (as I understand it) you haven't contacted Havering(to ask the obvious question..as you issued the CC on *** and it's now *** when do you intend to register the matter with TEC thereby enabling you to engage with the prescribed procedure)?
 

Hi thanks for your response.
I did try to contact Havering back in November before I had received the charge certificate as more than 56 days had passed since I had submitted my 2nd appeal on the Havering portal. (For which I got a receipt of submission.)To actually speak with anyone at Havering is nigh on impossible and I gave that up ( in Nov)

I haven't attempted contact with Havering again more recently as I was advised on here back in March to wait for the order for recovery and then fill out the appropriate form in order to get the clock reset to allow the appeal to go ahead and the fine reduced back to £140.

In answer to your question I guess the 14 days is an AI error ?!

Recap: I appealed the PCN back in June 2025. The appeal was rejected by email on 31st July but I followed instructions to await a notice to owner which duly arrived, dated 29th August and I followed instructions to submit a 2nd appeal to Havering, online. This I did on 22nd Sep ( within 28days) and received a response with reference number from Havering indicating they would aim to respond to me within 56days. I received no further post OR email (hence my attempt  to contact Havering by phone in November).

As I understand it you are positing that Havering could have responded to my representations made on 29th August but I may not have received them.
Presumably they would have to at some point provide some sort of proof of posting or as was the case after my earlier June appeal some email evidence of an email being sent? Without that it would in effect mean I was denied any further appeal after the initial appeal was rejected? And that 2nd appeal (that I have seen no rejection for) would have allowed consideration of mitigating circumstances?
Thanks in advance.

Presumably they would have to at some point provide some sort of proof of posting

A NOR would suffice which is evidence of existence, not posting...but on the balance of probabilities would IMO be found as a fact to have been posted

You have not actually contacted the council previously.

Your drafted contact seems OTT. It might be appropriate and proportionate, but IMO not now.