Free Traffic Legal Advice

Deal all,

On August 26, 2024 (a bank holiday), I parked on a single yellow line and received a Penalty Charge Notice (PCN) stuck to my car windshield. However, I never received a PCN by post, which I was expecting.

Later, on November 5, 2024, I received a Charge Certificate. I wrote to the council explaining that I never received the original PCN, but they refused to consider my case. I then appealed to the Traffic Enforcement Centre (TEC) on the grounds that I never received the PCN. The TEC canceled the Charge Certificate, and I expected to receive a PCN with the reduced penalty of £65.

Instead, I have now received a Notice to Owner demanding £130. What are my options at this stage?














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Thanks Anderson,



I did not challenge after this latest NTO. attached as NTO1 & NTO2


Back in November 2024, After receiving the Charge Certificate, I wrote an email to the council arguing that I never received the original PCN by post. Since the posted PCN would have included a web code, I was unable to make a representation or challenge the penalty online, to which they replied to fill a online form but that didn't go anywhere.
email correspondence with Newham council attached.

I am still wondering why, after the Charge Certificate was cancelled, the PCN was not reissued with the option to pay the reduced amount of £65. Given that the original PCN was not received by post, I expected it to be resent at the discounted rate rather than being escalated to a Notice to Owner demanding the full £130.

Many thanks


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thanks stamfordman!!!

formal representation on which grounds?

 

Hmmm

not sure what else can I share here apart from a charge certificate.

You parked on a yellow line on a Monday.
You assumed that because this was a Bank Holiday that either the CEO army would be resting or that the waiting restriction was officially relaxed, despite there being no signs to this effect. Both the parking place behind you and the yellow line opposite have traffic signs which do not state an exclusion for BHs

There are exemptions to the restriction e.g. loading, alighting a passenger etc. But you've not indicated that any apply to you. In any event, the burden is yours to establish.

Procedurally there might be an escape, but we need to see the PCN to check whether it's correct.

You say that you were waiting for a postal PCN...which begs the question: what did you intend to do once received? What argument did you intend to make?

There might be issues with the council's representations website and we have members who could guide you in this respect.

Bottom line: NTO dated 5 March means you must pay or make reps no later than 3 Apr.

Hi Again everyone,

Thank you for taking the time to respond.

I was unaware that restrictions on a single yellow line remain in effect on bank holidays, but I now realize I was mistaken.

Please find attached the charge certificate. I will make an effort to locate the original PCN that was placed on the windscreen.

I had expected to receive a PCN by post, as I had assumed—incorrectly—that single yellow line restrictions were not enforced on bank holidays.

I sincerely appreciate everyone's assistance and input on this matter.
K

You should have received a Notice to Owner, assuming you are the owner, before getting a Charge Certificate.