I've submitted a formal appeal, I may pay this but just want to see if they'll let on if I have any room to appeal at tribunals.
I sent the following:
Hello,
I am writing to formally challenge the issuance of this PCN on the basis of procedural irregularity and non-compliance with statutory guidance concerning the enforcement of moving traffic contraventions.
The camera used in this instance was installed under the Healthy School Streets (HSS) initiative, a scheme which was publicly introduced as targeting traffic during specified school-related hours. At no stage was it communicated to residents that this camera would be used to enforce additional moving traffic contraventions (MTCs), such as one-way restrictions, beyond the original purpose of the scheme.
It is critical that enforcement measures - particularly those involving automated surveillance and civil penalties — are introduced transparently and lawfully. In this case this includes:
• Clearly informing the public when a camera’s enforcement scope is being expanded
• Ensuring the use of the device aligns with the requirements set out in the Traffic Management Act 2004
• Adhering to the Department for Transport’s statutory guidance on the roll-out of MTC enforcement, including the use of a six-month warning notice period for first-time contraventions at newly enforced camera sites -
https://www.gov.uk/government/publications/bus-lane-and-moving-traffic-enforcement-outside-london/traffic-management-act-2004-statutory-guidance-for-local-authorities-outside-london-on-civil-enforcement-of-bus-lane-and-moving-traffic-contravention?utm_source=chatgpt.comIn this case:
• The camera enforcement at this location began on or around 1 March 2025
• I received a PCN on 13th October 2025 without any prior warning or notification
• There was no indication, signage, or correspondence to suggest that this camera was now being used to enforce MTCs such as a one-way restriction
• The Council has not, to my knowledge, provided public notice of the transition from Healthy School Streets-only enforcement to general MTC enforcement at this site
I am requesting:
1. Confirmation that the Council formally notified the public that the HSS-installed camera would be used for MTC enforcement, along with the evidence of such notices
2. Evidence that a warning notice period was observed in accordance with DfT guidance, Newham council has a tendency to prosecute first and ask questions later.
3. Clarification on whether the Council considers enforcement without such warning — using a camera publicly designated for a separate scheme — to be consistent with its duties under the Traffic Management Act 2004
The absence of clear public communication and proper warning undermines the legitimacy of this enforcement action. I respectfully request that the PCN be cancelled and await a formal response to the points raised above.
Please do address my points along with evidence that would allow me to judge this PCN as lawful, otherwise I as I often do where there is ambiguity I will take this to London Tribunals, as Newham Council does not have a good track record of being fair to its motorists.
Kind regards,