Free Traffic Legal Advice

DATE:22/04/2024
pcn no: BZ80322380

We sent you a pentalty charge notice on XXXX, in connection with the above contravention, which explained that, as the person we believe was the owner (or hirer) of the vehicle, registration number you had to pay a penalty charge, or write to us explaining why you believe you did not have to pay it. The PCN was for the following alleged contravention:

53J Failing to comply with a restriction vehicles entering a pedestrian zone

We are now sending you this charge certificate because of one of the following circumstances

1. you did not respond to the penality charge notice
2. you wrote to us but we did not accept your reasons.
3. you appealed but your appeal was rejected and charge was not paid.

Amount due: £195


___________________________

Right so - I did not recieve that letter on 18/03/2024. I just got the letter on 22/04/2024 stating that as I did not reply I have to pay 195.

I am able to contend it online - what should i say?

On the website where i can challenge it provides following options to tick.

Statutory grounds for appeal
A list of statutory grounds for appealing a MTC PCN.

Select a reason:
 I was not the owner of the vehicle at the time 
 There was no contravention of an order or failure to comply with an indication on a sign 
 The vehicle was being used without my consent 
 We are a hire firm and the person hiring the vehicle had signed a statement accepting liability 
 The penalty charge exceeded the amount applicable in the circumstances of the case


 Moving Traffic reasons
The following reasons relate to moving traffic contraventions

Select a reason:
 I have already paid the PCN 
 I was not at the location on the day 
 I was not the driver 
 I was not the owner / keeper of the vehicle 
 My vehicle had broken down 
 My vehicle was cloned 
 My vehicle was stolen 
 The vehicle was on hire to someone else 

or any other reason.

If you've got a Charge Certificate, you can't submit reps now as you'r now out-of-time, all you can do is just pay. Don't pay, though ! There is a third enforcement stage, but it's best if I post our guidance notes on it: -
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

Thank you. Yes - I will do all of this. Is there anything else I can do?

@Helpme101 please disregard the information given above, the correct guidance is here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/

This is because your PCN is issued under the London Local Authorities and Transport for London Act 2003, while the guide Incandescent pointed you to is for the Traffic Management Act 2004.

To be fair to @Incandescent when he responded I hadn't written this guide yet, but we do need to make sure the link to the correct guide is given.

Hey guys! So the letter (PCN) came through and dated on 18/03/2024 today. What do I do now? I only received it in the post today and received the charge certificate before it???

The charge certificate is dated 22/04/2024. I feel like they only sent the PCN a few days ago when they realised I was not paying.

@Helpme101 I would just follow the instructions in the guide, the PCN was not received within the representations period and if you just get the matter reset you'll be sent a fresh PCN and you'll be able to make representations.

By the way, was a copy of the PCN provided with the charge certificate?

Hey all no copy of the PCN was with the charge certificate.

I've checked the legislation and it says the Order for Recovery "shall be accompanied by a copy of the penalty charge notice to which the penalty charge relates", so it's worth keeping that in mind.

For now all you need to do is keep checking until the debt is registered with TEC and then follow the remaining instructions in the guide.

Hey all,

I have now followed all the steps in the guide.

Should I start thinking about drafting representation? I was thinking of including something on the illumination of the signs and the fact that there’s not many signs leading up to the pedestrian area?

Thanks for the help