Free Traffic Legal Advice

Hi, I got a PCN from southwark council for driving through a bus gate during restricted hours. The PCN was issued in November 2023, but I did not see it. I have been travelling and the mail was mislaid. If I knew about the PCN, I would have challenged it.

But yesterday, I got an order for recovery along with a PE3 statutory declaration. After receiving this letter, I searched all old mail and I did find the original PCN another letter after that. Can I give a declaration that I did not receive the PCN (it was delivered at home, but misplaced and not checked so in a way it was not received by me)? I dont think so, but wanted to get some advice if there is any way out. Its £204, so very upsetting.

Not shared property unfortunately. I agree with you and I think I will just have to pay it. It is more upsetting because there have been successful challenges to this PCN where the adjudicator accepted that no contravention happened as the signage is not sufficient and there is not enough warning. I would have challenged it for sure, but been working too much and not been getting time to check mail.

The legislation uses the word "received", not "served", so if you did not "receive" it in your hands and also did not know about it then I don't see why you can't fill in the TEC form.