Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Plywood-Enthusiast on May 04, 2026, 02:18:09 pm
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Solicitor a few pounds, or free at your local county court, not the magistrates court, though it may be in the same building
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Order for recovery has been issued.
I will scan and upload today.
I'm just curious, what is the best way to get a declaration signed before a comissioner of oaths? How much does a solicitor charge for this typically? Would it be free to go to a justice of the peace (at a magistrates court) and get it signed in front of them?
This just seems absurd and just uncessary loopholes they make you jump through.
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Please post-up all letters etc received, this is most important.
The Order for Recovery is issued by the council after they have registered the debt at TEC
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Ok update on the situation.
Keeper received a charge certificate on 26th june.
Waiting for the next stage to make declaration, I dont know the full ins and outs, but to quote above "At the OfR stage, you submit a Statutory Declaration to the Traffic Enforcement Centre (TEC)", which is what we are waiting for. I presume we receive a letter from the traffic enforcement centre.
keeper received a letter from newham council dated 14th July just urging keeper to pay, and some BS of cost of living - funny how the cost of living information wont give people on universal credit some leeway to pay a means tested lesser charge to close this. But I digress.
Am I correct in assuming newham council have to pay a bigger fee than £10 to the TEC. So they are just buying more time from the keeper to get this charge certificate paid?
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i dont make the first person/third person switch in formal writngs, just messed up here on the ftla forum as I wasn't concentrating. I wrote and submitted this on behalf of wife with her permission. Her name was used on the forms, contacts etc. her email. So for all intents of purposes she is the one posting the representation.
the appeal:
Dear Sir/Madam
The vehicle was used by my husband during the time of contravention. He was using the vehicle for delivery. I would need some time to look at the TMO/TRO to see if there are any dispensations made for access into Browning road.
I have attached husband’s information, his pay showing the date and time of the shift, and secondary source confirming the same information from the 3rd party insurance company called INSHUR.
As well as his Google timeline showing his movement.
I have noted that the purpose of the LTN on the councils own publications is to prevent the rat run and surplus traffic that runs through busy periods. I feel the LTN over reaches its intended purpose as the rat runs are only an issue during commuter times and school closing times.
You can see from the evidence presented that my husband is in the area for work purposes, delivering parcels. He was not using the road as a transit route during a commute.
My husband was delivering on one side of the LTN and his next delivery was just over on the other side of the LTN when he crossed through without noticing the signs.
I will be requesting copies of the TRO/TMO to check the validity of the signage in relation to the documents.
Kind Regards
[wifes name]
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Only the person to whom the PCN was addressed could make reps, not you irrespective of your familial relationship. Ditto for a SD in respect of an OfR.
May we see the reps pl and confirm how they were sent and if by email from whose address? Also a copy of the confirmation of receipt which was sent to the RK by email. These would most probably have to be provided to the adjudicator as a preliminary step in the appeals process so we may as well see them in order to be able to deal with any queries.
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Fear not !
At the OfR stage, you submit a Statutory Declaration to the Traffic Enforcement Centre (TEC), not the council. Provided the SD is received within the period allowed from service of the OfR, your SD will be automatically accepted, you don't have to prove anything. The only time the council can object to an SD is when it is submitted out-of-time.
Have you checked on the Newham web pages to see the status of the PCN and its events log ? (I'm assuming they do have one)
Anyway, main advice is DO NOT PAY THE CC, but wait for the OfR. The time is now well overdue for the law to be changed to insist on enforcement documents being sent by tracked mail, the councils make shedloads of money from PCNs so can well afford it.
Have you had any difficulties with mail in the recent past at all ?
I have gone into the appeals page to get an events log, met with a page that just says the out of time for appeals message.
on the view evidence link, i only get the images and videos of vehicle, no events log.
Mail is fine here. I would have had to miss 2 mails, the rejection of IR as well as the increase fine letter from discount to full.
Similarly on the RKs email. they have acknowledged receipt of submission of appeal. then no email since.
But another PCN with the same council was appealed in June and accepted after a few days. So emails from them are being received and delivered to the inbox.
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I sent the appeal in on 5th May, within the discount period I beleive.
I forgot about this and now today on a letter dated 26th June with a charge certificate of £240
the keeper has not received any letters or emails about the outcome of the represenation. The keeper has received the confirmation of represenation in their email and newham do send outcomes of represenations by emails as well
Alarm bells ringing, pl put my mind at rest.
Why change from the first person to the third?
Was the PCN addressed to you by name?
THE RK is my wife. but I deal with all PCNs for the family and I drive her car most of the time.
Most of the time I am appealing as her with her permission
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Hi Hippocrates
The web code is 144ST340
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I hate to say this but Newham are the only council to have 99.9% resolved the 28 days service v payment anomaly. We need the webcode and I believe there are 4 pages?
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I sent the appeal in on 5th May, within the discount period I beleive.
I forgot about this and now today on a letter dated 26th June with a charge certificate of £240
the keeper has not received any letters or emails about the outcome of the represenation. The keeper has received the confirmation of represenation in their email and newham do send outcomes of represenations by emails as well
Alarm bells ringing, pl put my mind at rest.
Why change from the first person to the third?
Was the PCN addressed to you by name?
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Fear not !
At the OfR stage, you submit a Statutory Declaration to the Traffic Enforcement Centre (TEC), not the council. Provided the SD is received within the period allowed from service of the OfR, your SD will be automatically accepted, you don't have to prove anything. The only time the council can object to an SD is when it is submitted out-of-time.
Have you checked on the Newham web pages to see the status of the PCN and its events log ? (I'm assuming they do have one)
Anyway, main advice is DO NOT PAY THE CC, but wait for the OfR. The time is now well overdue for the law to be changed to insist on enforcement documents being sent by tracked mail, the councils make shedloads of money from PCNs so can well afford it.
Have you had any difficulties with mail in the recent past at all ?
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I sent the appeal in on 5th May, within the discount period I beleive.
I have the representation code and the contents of my represenation. I just left it to them to either do a yay or nay while I look through the tro (I haven't managed to get onto that yet).
I forgot about this and now today on a letter dated 26th June with a charge certificate of £240
the keeper has not received any letters or emails about the outcome of the represenation. The keeper has received the confirmation of represenation in their email and newham do send outcomes of represenations by emails as well.
Where does that leave me? What am I supposed to do now. There is nobody I can get to on the phone at newham council. Spend 10 minutes on automated phone line and it just closes the phone at the end with no option to speak to anyone.
How di I prove on the order of recovery stage that no appeals were received. they may have had a IT glitch with stopped appeals from going out. But will they even know or accept that?
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Was on delivery had several delivries on Browning road. I do not have the record. but I have my pay record for the time and I have google timeline showing me stopping all over the area.
The CCTV seems to show I'm turning right into the restricted road, but there is no road to the right, I was parked offside doing delivery and probably had more dleiveries just up the road which made me not see the sign. I think I was parked close to the sign that my sun visor probably didn't allow me to notice the sign when I got back in my car and proceeded to drive on.
Web code hidden to prevent anyone abusing the form. I will upload all the media in the evidence page shortly.
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/1.jpg)
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/2.jpg)
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/3.jpg)
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/4.jpg)
I have hidden the webcode, so I have uploaded all the media here:
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/CCTV1.jpg)
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/CCTV2.jpg)
(https://forumshares.s3.eu-west-2.amazonaws.com/newham/CCTV3.jpg)
VIDEO LINK: https://forumshares.s3.eu-west-2.amazonaws.com/newham/cctv4.avi (https://forumshares.s3.eu-west-2.amazonaws.com/newham/cctv4.avi)
I'd like to look at the traffic management order to see if there is something in there that has dispensation for "access" in a previous case I took it to tribunal and won (a sign I didn't notice because I was doing multi drop), that time they left something in the open about restrictions to motorvehicle, except for access. The sign didnt say access. And adjudicator granted it because the sign does not comply with the TMO/TRO.
ALthough I'm short of time and on th elast day of discount, not sure if I should just send an appeal now - filling in anything and do more research and take it to tribunal. Or if I should lose the discount and research and file a proper informal appeal (in case they do offer the discount again after rejecting informal appeal).
the gazzette notice is here.
https://www.thegazette.co.uk/notice/3687605
Read 3a on https://www.thegazette.co.uk/notice/3687605
(a) a prohibition of vehicles proceeding in a southerly direction from entering Browning Road at its junction with Rectory Road, except for buses; taxis; pedal cycles; A1 access permit holders, refuse collection vehicles and certain other vehicles in certain circumstances;
I'm hoping on the actual TMO it has except for access.