Free Traffic Legal Advice

I understand that being lost is not normally a legal defence, but would Brent Council consider exercising discretion due to his age, medical condition and the overall circumstances, particularly if this is a first offence?

The standard answer is yes, they may cancel the PCN at any time, even on the grounds of mitigation/compelling reasons.

But an adjudicator may not do so. They must apply the law.



From the Chief Adjudicator's Annual Report 2024/2025:

There is very limited scope to argue that a diagnosed mental (or physical) health condition should lead to the cancellation of a penalty. Adjudicators must approach an appeal on the basis that the driver possesses the standard of a reasonable and prudent driver with the skill level which enables the driver to pass a UK driving test.
 
If a health condition has an impact on one’s driving, the driver is obliged by law to notify DVLA so that DVLA can decide whether the driver can continue to hold a licence, or whether conditions must be imposed on the licence. A health condition does not lower the driving standard so that the contravention can be excused.

However, the report goes on:
Claims for reasonable adjustments [under The Equality Act 2010] are often raised in representations to the authorities. Adjudicators think that authorities need to make a bigger effort to address these claims in the Notices of Rejection.

One of our posters is adept at spotting technical defects with these PCNs so I suggest waiting until they comment.

Latest date of the representations period is 15 July.

My representation:



Dear Sir/Madam,

I am writing to make representations against this Penalty Charge Notice and respectfully ask Brent Council to exercise its discretion in light of the exceptional circumstances surrounding this incident.

I fully accept that my vehicle entered the pedestrian zone and I am not seeking to dispute the evidence provided by the council. Rather, I ask that the council carefully consider the circumstances that led to this isolated incident.

I am an elderly driver (69 Years old) and on this occasion I became genuinely lost whilst trying to find my way home. Unfortunately, my mobile phone was not functioning, leaving me unable to use satellite navigation or contact anybody for assistance.

At the same time, I am diabetic and was urgently trying to locate toilet facilities, which added considerably to the pressure and confusion of the situation. I did not enter the pedestrian zone deliberately, nor did I obtain any advantage from doing so. This was a genuine error made whilst attempting to safely find my way home under difficult circumstances.

I appreciate that being lost or having a medical condition does not in itself provide a legal defence to a traffic contravention, and I am not suggesting that these factors excuse the contravention as a matter of law.

However, local authorities retain the discretion to cancel a Penalty Charge Notice where there are compelling mitigating circumstances, and I respectfully ask Brent Council to exercise that discretion in this case.

I would also ask the council to give proper consideration to my medical condition and my individual circumstances when assessing these representations. If any aspect of my diabetes amounts to a disability for the purposes of the Equality Act 2010, I would ask that the council has due regard to its obligations under that legislation when considering this request.

This is not a case of deliberate disregard for the restrictions, but rather an isolated and unfortunate incident involving an elderly driver experiencing genuine difficulty.

If this is my first such contravention, I would be grateful if the council would also take this into account and consider cancelling the Penalty Charge Notice as an act of discretion.

Thank you for taking the time to consider these representations.

Yours faithfully,