Free Traffic Legal Advice

Received the attached PCN

Seems like I made a clear mistake here (the sign is after a curve with some trees on my side and opposing side's sign was blocked by buses as can be seen in the video) - any tips on how i can challenge / anything wrong that you see?

The lease company (from whom I purchased the vehicle on 20 June 2025) received the original PCN dated 26 June 2025 and sent a representation to the council to communicate with me on 7 July 20225. Perhaps the DVA records were not updated showing me as the registered keeper and hence the council sent the initial PCN to the lease company.

google location here https://www.google.com/maps/place/Clements+Rd,+Ilford/@51.5587234,0.0760158,3a,75y,207.51h,66.57t/data=!3m7!1e1!3m5!1sy-cR7GAUMmp_sk3kUOczOg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D23.425769950951263%26panoid%3Dy-cR7GAUMmp_sk3kUOczOg%26yaw%3D207.51312701517526!7i16384!8i8192!4m6!3m5!1s0x47d8a68a673fcb91:0xb06d02493bfe0aeb!8m2!3d51.5581539!4d0.0745545!16s%2Fg%2F1tpc76y9?entry=ttu&g_ep=EgoyMDI1MDgxMC4wIKXMDSoASAFQAw%3D%3D




To visit



video evidence from council here https://www.dropbox.com/scl/fi/ivvs7gczjqeh1tzy99g0g/SUdPZlcwUzVEN3g3MDhDUWtSRFRUNHU3dHIrSnh0Qm0vTFVXa0Nodkh4cHkwU2ZFcWYyczcwdVJ6akJvTW05RDJscDdvV0hQVXB2NHZrUFI0M0lnTVE9PQ.mp4?rlkey=jp3b96nwqq1fh124nahowee7k&st=o8ym9bq8&dl=0

The PCN (whose image I included) is in my name. I was the leaseholder until 20 June 2025 when my 3-year lease with VWFS ended.

I purchased the vehicle from my lease company on 20 June 2025, and they issued me a "V5C2 Receipt Letter" on 16 June 2025, asking me to pay the road tax, which I did on 25 June 2025. I still haven't received the new V5 with me as registered keeper from DVA (which VWFS told me  on 16 June 2025 will take DVA 4-6 weeks).

The original PCN was issued to the registered keeper VWFS on 26 June 2025 and VWFS sent a representation dated 7 July 2025 to the council giving my details as the leaseholder and asking them to correspond with me.

This may have been an error by VWFS as I was not the leaseholder on 26 June 2025, and the letter VWFS sent the council is attached, which says I had a lease with a contract start and end date of 22 June 2025 with VWFS (so a 1-day lease).

We've seen this location before, but I can't remember how appeals to London Tribunals worked out. Try a search of their Statutory Register using the location on the PCN as search argument.

Having said that, it does look like a clear contravention with a visible restriction sign, plus carriageway text.
I was puzzled with your GSV link that shows the bus-only restriction on the curve because it doesn't match the video view. So looking on GSV, I found the view as y ou come up to the give-way line on approach from Winston Way: -
https://maps.app.goo.gl/db2tcycCLZ8r9rtu8
The signs are clear enough, but would be obscured by passing buses, and there is no advance warning sign that there is at the other end of this street.

So if you're up for a punt, submit reps pointing out the frequent bus traffic as seen in the videoobscured your view of the signs, and unlike the other end of Clements St, there is no advance warning on Handforth Road.

Thanks - it seems the adjudicators have rejected nearly all (but not all) the cases at this location.

However i have now posted the letter from the lease company to the council too (and I have explained the chronology in the post above). as the lease company told the council in their letter that it was a 1 day lease (when actually i had purchased the vehicle already and perhaps the DVA records were not updated) maybe i should challenge based on the council should not have transferred liability to me and my lease agreement with VWFS ended on 20 June 2025 (which was the last day of my 3 year contract)

The PCN (whose image I included) [dated 8 August] is in my name.

The original PCN was issued to the registered keeper VWFS on 26 June 2025

The so-called Third Party Authorisation letter is dated 7 July.


The authority could not lawfully transfer liability to you from VWFS based upon the TPA because it doesn't include the required mandatory information.

So, how did you get a PCN in your name?

As it stands, IMO this is a complete procedural f***-up.

IMO, e)that the penalty charge exceeded the amount applicable in the circumstances of the case.

But before this, what have VWFS got to do with matters...'the vehicle is on long-term lease from SKODA'?

What evidence do you have that you became the owner of the vehicle on 20 June? Pl don't describe the docs, post those which prove ownership - this has nothing to do with DVLA and who was keeper.

'Penalty exceeded .....circumstances of the case'

The circumstances being that a PCN was issued to VWFS on 26 June and subsequently a new PCN to me on 8 August. VWFS made representations to the effect that:

d)..the recipient [VWFS]is a vehicle-hire firm and—

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


VWFS is not a vehicle-hire firm, instead it leases vehicles and on the date of the contravention the vehicle was not hired to me under a vehicle hiring agreement (or subject to a mysterious 1-day lease as claimed in their letter to you dated 7 July), but on the contrary I was the owner of the vehicle having acquired it from VWFS on ***.

I cannot explain, neither is it my burden to do so, why DVLA had not processed the change of registered keeper documentation but instead still showed VWFS as the registered keeper, but in law this is not germane. The authority issued a PCN to VWFS who for some unknown reason invented a '1-day lease' scenario when in fact, as the enclosed documents show, they were not acting as a 'vehicle-hire' firm and therefore could not make representations under these grounds neither could the authority accept such representations. VWFS were not a 'vehicle-hire firm' but in fact had ceased to be the owner prior to the date of the contravention and were obliged to make representations as such.

Unless the authority can establish that representations were made under these grounds and can evidence acceptance by producing a Notice of Acceptance the PCN must be cancelled.

Enclosed: documents proving my ownership, namely ***********
 
My thoughts.

And why would you want to do that?