Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: alexrory on February 22, 2026, 12:16:30 pm

Title: Re: Is this voided?
Post by: alexrory on February 27, 2026, 05:25:34 pm
Yes I did.
Title: Re: Is this voided?
Post by: MrChips on February 27, 2026, 04:21:40 pm
Did you get the signing witnessed?
Title: Re: Is this voided?
Post by: alexrory on February 27, 2026, 04:04:39 pm
Not sure why the previous isn't working but here it is.

https://storage.to/GH24h0ZvJ

I decided to email the PE3 form, so it will be in date.

No date on the OfR, just a date to respond by  01/03/2026.

It occurred on 03/03/2025 and from Lewisham Council.

53j - Failing to comply with a restriction on vehicles entering a pedestrian zone.

We've not received the pcn in the post, so we waited till the TE3 form.
Title: Re: Is this voided?
Post by: MrChips on February 27, 2026, 03:52:08 pm
I can't get your previous links to work any more.

I don't know what your deadlines are, but I would be very wary about missing any stated deadlines.  That's one way to turn a win into a guaranteed loss.

What's the date of the OFR?  What council is involved? What was the original offence? How did it get to this stage (i.e. did you not receive the original PCN, or Notice of Rejection)
Title: Re: Is this voided?
Post by: alexrory on February 27, 2026, 03:31:52 pm
Thank you.

The date to respond to the OfR is 01/03/26, which makes it today before 4pm.

But I'm pretty sure the Traffic Enforcement centre gives a few more days, don't they?

I'm wondering whether to hold off until Monday, and see what others advise.
Title: Re: Is this voided?
Post by: MrChips on February 27, 2026, 02:49:39 pm
https://www.londontribunals.gov.uk/eat/grounds-appeal/grounds-appeal-moving-traffic

That's London Tribunals' own interpretation of the statutory appeal grounds.

"For example, you are being asked to pay the wrong amount for the penalty charge" would seem to apply to me, albeit I don't know if the council can rescue the situation by cancelling an incorrect OFR and replacing it with a PCN for the correct amount...
Title: Re: Is this voided?
Post by: MrChips on February 27, 2026, 02:43:22 pm
My reading of the LLA 2003 is that the appeal ground relating to the "penalty exceeding" isn't specific to a particular stage of the process, it applies to the circumstances of the case, so in the circumstances of OFR stage, they were asking for the incorrect amount.  Hence I would expect it to form grounds for a successful appeal.

However, I'd suggest getting a second opinion from others as it's a bit beyond what I've got personal experience of.
Title: Re: Is this voided?
Post by: alexrory on February 27, 2026, 02:28:15 pm
I took the screenshot.

But how do you I fight this if they revert the price back to the orginal pcn?
It seems the mistake is at the OfR state as the amount charged does show £195 plus £10 Court registration fee.

I thought it would make it void being a court document.
Title: Re: Is this voided?
Post by: MrChips on February 24, 2026, 12:58:49 pm
I don't think it makes it void (i.e. you can't just ignore it), but one of the statutory grounds of appeal under the relevant Act is:

"that the penalty charge exceeded the amount applicable in the circumstances of the case."

£335 seems to be in excess of the amount applicable (I would expect it to be £205 at the Order for Recovery stage).

So, you need to comply with the requirements of the OFR in terms of getting the PCN reset, and then you can appeal on the above ground where I would expect you to be successful.

Also - suggest you log in to the Lewisham PCN portal and take a screenshot of the amount due which currently shows as £335, in case they later try and correct this. The amount showing in the OFR ought to be enough but it can't hurt your case to have the screenshot also.
Title: Re: Is this voided?
Post by: alexrory on February 24, 2026, 12:40:50 pm
Does the mistake make the OfR void?
Title: Re: Is this voided?
Post by: Incandescent on February 23, 2026, 05:14:34 pm
Please post up all of the documents you received, incl PCN. If you received a postal PCN, no NtO is served.

We've not received the PCN. Sorry not NtO.
OK, so you need to do what it says on the seconod bullet point, namely submit a Statutory Declaration, and tick the box for "I didn't receive the PCN".
Title: Re: Is this voided?
Post by: alexrory on February 23, 2026, 02:09:51 pm
Please post up all of the documents you received, incl PCN. If you received a postal PCN, no NtO is served.

We've not received the PCN. Sorry not NtO.
Title: Re: Is this voided?
Post by: Incandescent on February 23, 2026, 01:47:50 pm
Please post up all of the documents you received, incl PCN. If you received a postal PCN, no NtO is served.
Title: Re: Is this voided?
Post by: alexrory on February 23, 2026, 12:58:59 pm
Post up the OFR - is this the first communication you have received?


https://storage.to/GAOmslUya

https://storage.to/GAP1B8RzB
Title: Re: Is this voided?
Post by: MrChips on February 22, 2026, 03:35:27 pm
Redact name and address only please.
Title: Re: Is this voided?
Post by: alexrory on February 22, 2026, 01:55:06 pm
We did not receive the NtO.

What am I allowed to blank out on the OfR before I post?
Title: Re: Is this voided?
Post by: RichardW on February 22, 2026, 12:40:21 pm
Post up the OFR - is this the first communication you have received?
Title: Is this voided?
Post by: alexrory on February 22, 2026, 12:16:30 pm
Hello, the other half received a OfR from the council. However it has the wrong amount. £195 + £10 = £205 but they have written £335 instead.
Does this make it void?
And how do I go about getting it cancelled by the council please?

Thank you.