Free Traffic Legal Advice

Good afternoon,

I was issued this PCN on the 3/6/25. I was on holiday the first week of July, but we had a pet sitter, so I can see the letter was delivered on the 9th July 2025, via the pet camera.

The day we returned to the UK and read the letter, I appealed via the council website. Although I am not appealing the contravention, I was appealing to get the reduced rate, as I did not receive the letter within the 14 day reduced period.

I received an email on the 11th July @ 16:50 to acknowledge my representation receipt confirmation. Oxford Council will contact you via Egress.

On the 5th September, I had not yet received a reply.

On the 8th of September, I wrote a letter to the Council, stating that as it had been longer than 56 days, I would expect this PCN to be cancelled and I included evidence of 2 screenshots (1 of the initial receipt email and 1 of the egress portal confirming no messages). I mailed it that day recorded delivery and was received on the 9th September.

Today, 12th September I received an Egress notification and that I have received a letter from the council, dated today, via that portal, where they are offering the reduced rate of £35 until the 3rd October.

Do I accept this offer and be done, or do I take it to the TPT to get it cancelled?

The only reason for cancellation now is that "There has been a procedural impropriety by the authority".

https://imgur.com/a/JGkePqr

https://maps.app.goo.gl/9UaPMHbyotVsyfWP6

Hello,

I am having great difficulty finding the original paper version at the moment. I am continuing to search and will update.

Their only evidence is a video of your alleged contravention. This is normally avaiilable on the council web site. Have you viewed it ? I looked at it, and whilst it shows your car turning left into the first exit from the roundabout, it doesn't actually show you passing a sign forbidding this movement.  This is because the camera is in the wrong position to do so.

Unfortuntely there is a "No Left Turn" sign mounted on the "Give Way" post at the very stop point of the roundabout junction.
https://maps.app.goo.gl/WEezhCwiK8GtLA3X8

There is also two intial signs explaining and forbidding the Left Turn onto Iffley Road further back along the street and there are no way a car can get to the roundabout junction without passing this sign
https://maps.app.goo.gl/j8Vb6E4qvzg5qXMJ8

Good morning,

Thank you for the responses.

Once again, I am not appealing the contravention, as I put my hands up to this as a mistake under pressure, but wanted to get the reduced rate offered again.

But as it took longer than 56 days to respond, and it seems they only responded once I sent them a letter stating that it had been longer than 56 days, it has become something bigger.

So now its a question of; A) do I pay the reduced rate or B) do I fight to get it cancelled out of principle? And if B) whether this is likely to be won?

https://imgur.com/a/rDf3P3w

https://imgur.com/a/t299deu

The second image is my letter that I sent to the Council on Monday 8th, that was received on Tuesday 9th.

OP, can we get the dates clear please.

I was issued this PCN on the 3/6/25. I was on holiday the first week of July, but we had a pet sitter, so I can see the letter was delivered on the 9th July 2025, via the pet camera.

Delivered 9 JULY? The website says PCN issued 6 JUNE.

The day we returned to the UK and read the letter, I appealed via the council website

But when exactly?


Either your post was wrong, perhaps you meant 9 June..

..in which case the last day of the 28-day period for making reps was 6 July and if you missed this date then they could disregard and the 56-day issue would not apply.

Or the PCN was delivered on 9 July, in which case it was late. But why if it was posted on 6 June?

Dates please.

The PCN is presumed served on 10 June, therefore unless you could rebut this presumption the 28-day period for making reps ended on 7 July. Reps made later could be disregarded.

I cannot decipher their letter of 12 Sept. There's no such thing as 'further representations'. But what would an adjudicator make of this letter with its two references to making representations, I don't know? It's not clear, although implied, that they have disregarded/lost your reps sent in July because there's no reference to these in their letter which seems to have been prompted by 'your email', presumably the one dated 8 Sept.


If your representations in July were made properly '(a)made in the form determined by the enforcement authority' then they were received and the authority would have to state its position as regards whether they considered or disregarded them. IMO, you could put this point to them. I assume you have a copy of what you sent and proof of the email (their auto response doesn't deal with these fundamentals)?

Pl post:
Your reps;
Covering email;
Their auto response;
Your email of 8 Sept?

You don't seem to have made reps in the form required:

Representations against the enforcement notice
5.—(1) The recipient may make representations against the enforcement notice to the enforcement authority which served it on the recipient.

(2) The representations must be—

(a)made in the form determined by the enforcement authority, and

(b)to either or both of the following effects—

(i)that in relation to the alleged contravention, one or more of the grounds specified in paragraph (4) apply;

(ii)that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should cancel the penalty charge and refund any sum paid to it on account of the penalty charge.

(3) In determining the form for making representations, the enforcement authority must act through the joint committee.

(4) The grounds mentioned in paragraph (2)(b)(i) are—

(a)the alleged contravention did not occur;

(b)the recipient—

(i)never was the owner of the vehicle in question,

(ii)had ceased to be its owner before the alleged contravention occurred, or

(iii)became its owner after the alleged contravention occurred;

(c)at the time that the alleged contravention occurred, the vehicle in question was in the control of a person who did not have the consent of the owner;

(d)the recipient is a vehicle-hire firm and—

(i)the vehicle in question was at the material time hired from that firm under a hiring agreement, and

(ii)the person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement;

(e)the penalty charge exceeded the amount applicable in the circumstances of the case;

(f)there has been a procedural impropriety on the part of the enforcement authority;

(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

See what others say.

If you believe what's in your letter, why are you concerned about the discount? Simply don't pay, wait for an Order for Recovery, tick the box that you made reps but did not receive a Notice of Rejection, wait to see what the authority do - they have the options of throwing in the towel or referring to the adjudicator who would then issue directions to you to demonstrate that you made reps.