Free Traffic Legal Advice

Hello all,

Hope you're enjoying the sunshine today if you have it  . I stupidly forgot there was a traffic exclusion outside a local school in rush hour and I drove through it. Fair cop! BUT I was just about to pay the charge (this is the last day at 50% discount as it is within 14 days of the date on the PCN) but Southwark have given an incorrect web address to make payment. When you enter the one they provide on the PCN you get a 'page not found'. They have given: www.southwark.gov.uk/onlinepayments and this does not work. So my question is: Is this a procedural impropriety? I have looked online and can't see any specific references to a failure to provide correct details of means to pay, but my instinct is it should be a PI. Does anyone know? Thanks so much for your advice in advance!

Hippocrates got there first !

Anyway, the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 define a procedural impropriety as follows: -

(2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—

(a)the TMA 2004,

(b)the 2022 General Regulations, or

(c)these Regulations,

in relation to the imposition or recovery of a penalty charge or other sum.

So I suspect printing the wrong internet address isn't.

However both the above regulations, and The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 have something about payment in Schedule 2 - see "regulatory matters"
https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made

As above, post all sides of the PCN, redacting only yr name & address.
For guidance on posting docs see here
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Everything else in the PCN is by the book which is why I haven't posted it. The only error Southwark has made is not to provide working/accurate details for how to pay the fine.

As per Hippocrates, moving traffic contraventions don't engage the TMA regs quoted neither do they make provision for 'procedural impropriety'.

BUT I was just about to pay the charge (this is the last day at 50% discount as it is within 14 days of the date on the PCN) but Southwark have given an incorrect web address to make payment. When you enter the one they provide on the PCN you get a 'page not found'.

So did you pay and if so how and at what rate?

IMO, if you were actually prevented from paying at the discount then these grounds apply:


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

The circumstances being that the payment to (vii)the address to which payment of the penalty charge must be sent; was not possible.