Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: itm60 on April 24, 2026, 07:44:10 pm
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Ah OK sorry I didn't realise that this might be pertinent to my case. I did actually flag the procedural impropriety to the Council when I received the Notice to Owner on March 4th but, like the original Representation, they ignored it.
I've uploaded the documents here: https://imgpile.com/p/2aFvE3O
- The PCN (28/01/26)
- Screenshot of the network error that was preventing me from buying parking when I first arrived
- Screenshot of parking receipt when I finally got access to the leisure centre wifi
- My email representation against the PCN (sent 28/01/26)
- Notice to owner (sent 02/03/26, received 04/03/26)
- My initial email response to Notice to owner (sent 09/04/26)
- My 2nd email response to Notice to owner (sent 09/04/26)
- Rejection of Representation from the Council (sent 07/04/26, received 09/04/26)
- Evidence submitted from the Council to the Tribunal 26/04/26
I added an addendum to my evidence to the tribunal which I also attach: https://imgpile.com/p/8dFbQ5D
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Pl see the first page of the forum 'READ THIS FIRST' which guides posters, especially as regards posting documents and not attempting to transcribe.
Pl post the PCN, your initial reps(and how and when submitted), the NTO, your formal reps, their response and their Case Summary.
Sorry that it sounds like a lot, but these are key docs.
On the basis of what you posted:
If you made initial reps in response to the PCN, and
If these were of the correct form, and
If these were submitted using one of the methods specified in the PCN..
..then IMO they have committed a 'procedural impropriety' because the law requires:
b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
And by their own admission they didn't.
But the burden of proof lies with you on this point IMO.
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Thanks for clarifying :-[
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You received a PCN served under the Transport Management Act 2004 and you submitted an informal challenge like thousands of others before you. However, there is no legally mandated timescale to respond to these. If you read the back of your PCN, somewhere it will say "any reps you submit will be considered, but if they serve an NtO anyway, you must respond in the form and manner specified on the NtO" (or similar).
Only when you submit formal reps against the NtO is there a timescale for a response of 56 days. Never think "I thought there was a limit...". Parking and traffic enforcement law is a bit of a Dog's Breakfast, and it is very important never to assume anything. Under current parking and traffic law, it is the owner who has responsibility for dealing with a PCN, (pay or appeal), not the driver, hence the convoluted process, because reps in response to a PCN may well come from somebody who is not the driver.
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I received a parking ticket from Hounslow Council on 28th January, and on the same day sent an email representation to the email address on the back of the PCN, formally appealing the PCN. I got an immediate acknowledgement that my email had been received. The grounds for my appeal were that I was unable to get a data signal at the car park (I posted a screenshot illustrating the problem), and that by the time I got access to wifi in the leisure centre nearby and paid for parking it was 8 minutes later and in the meantime I had been ticketed. My query however relates to how the representation/appeal was handled....
The next that I heard from the Council was a Notice to Owner dated March 2nd, demanding that the full amount be paid (£110). I received this on March 4th. When I received it I sent another email to the Hounslow email address, explaining that I had received no response to my challenge, and asking them to confirm the status of my challenge. On the same day I then sent a follow-up email, flagging a procedural impropriety on their part - i.e. their failure to respond to my initial representation before sending the Notice to Owner, demanding payment of the full £110. I did not receive a response to either of these two emails.
The next that I heard from them was a Rejection of Representation letter dated April 7th - I received this on April 9th (70 days after the PCN was issued). It presented me the option of paying £55 "before the end of the period of 14 days beginning with the date that the Notice of Rejection letter was served". As a precaution, I paid this on that day, but since my understanding was that the Council was required to respond to representations against PCN's within 56 days, I also initiated a case with London Tribunals, appealing against the charge. This case is due to be heard in the next couple of weeks, but in the meantime the Council has sent me a copy of their evidence. This was the essence of their response:
"The Council is under no obligation to respond to challenges however, in this instance, as the Council missed the challenge from the appellant, we responded to appellant's representations within the time frame required by the legislation and also offered the appellant an opportunity to pay discount charge of £55.00 to close the case. However, the appellant has decided to appeal further and therefore the full charge of £110.00 now applies....
A payment of 255.00 has been received. In the event that, the Adjudicator refuses the appeal, I would ask that the remaining 255.00 becomes payable."
Their case history at the foot of their submission shows this:
Penalty Charge Notice issued – 28/01/2026
Notice to Owner issued – 02/03/2026
Representations received – 06/03/2026 (contrary to the date of my email - 28/01/2026)
Representations rejected – 07/04/2026
Appeal received – 12/04/2026
Can anyone shed any light on where I stand with this - for example:
- Is it true that "The Council is under no obligation to respond to challenges"?
- Having paid the £55 within 14 days of being served the Rejection of Representation, can I be liable for another £55 if my appeal fails for any reason?