Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: John121 on June 15, 2026, 03:01:45 pm

Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: John121 on June 17, 2026, 06:22:19 pm
Correct it was emailed by Sixt
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: stamfordman on June 16, 2026, 10:36:53 pm
Did Sixt just email you the PCN with no instructions?
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: tincombe on June 16, 2026, 10:28:41 pm
You have submitted reps, so let's see what happens.

If the council is as ignorant as Sixt and respond to you with a rejection, appeal to the adjudicator on the grounds that you 'were not the owner'. You must win because you MAY NOT be considered as the 'owner' at this stage.

But there is a downside:
1. As said by Mr Chips, they ignore 'your' reps and issue a Charge Certificate to Sixt for £240 (because valid reps were not made in time) which they would have to pay and then charge you this sum plus admin. costs;

2. The authority spot that you are not Sixt and write to you and Sixt giving them an extended period to submit reps by which time the discount has most likely gone;

There are probably others, but once the Pandora's Box of ignorance has been opened, who knows what might follow in its wake? 

For info, the discount ends on 23 June. Let's hope you get a response beforehand.

Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: MrChips on June 16, 2026, 08:22:58 pm
With all due respect to Sixt, it reads that your respondent isn't fully cognisant of the relevant legal framework.

There's a legal process they need to follow to get the PCN transferred to you. If you simply submit representations to a PCN addressed to them the council will most likely just ignore them.
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: John121 on June 16, 2026, 07:47:45 pm
Thanks for pointing that out.

I was the driver of the vehicle at the time, however it was a rental vehicle from Sixt. Sixt had contacted me regarding the PCN and provided me with the relevant details, which is why I have already sent reps. Please see below:

(https://i.ibb.co/pr3BgQkn/Amin-School-PCN3.png) (https://imgbb.com/)
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: tincombe on June 16, 2026, 04:03:38 pm
I wish to make representations against the above Penalty Charge Notice.

You CANNOT, the PCN is not addressed to you! 

How did you come by it, or are you perhaps Sixt Rent a Car Ltd?
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: John121 on June 16, 2026, 12:11:57 pm
That's amazing, I'll make the relevant changes and submit it.

I'll be in touch once I hear back from the council.

Once again, thanks a million for all your help and guidance. It's greatly appreciated.

Regards,
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: stamfordman on June 15, 2026, 06:21:33 pm
This is too long and volunteers unnecessary detail.

All you need is a short statement saying the contravention did not occur as you were engaged in normal driving in accordance with the traffic conditions in which you had to give way to oncoming traffic, and did in any case only stop on the opposite side of the carriageway.
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: John121 on June 15, 2026, 04:41:56 pm
The circumstance of the stop was that the driver saw a vehicle coming from the opposite direction and, while it was approaching, the driver briefly spoke to another parent in the other vehicle. As soon as the vehicle came near and it was safe for the driver to proceed, the driver moved off. Is it ok to send the below off:

I wish to make representations against the above Penalty Charge Notice.

The alleged contravention is "Stopped in a restricted area outside a school, a hospital or a fire, police, or ambulance station when prohibited." Having reviewed the CCTV footage and still images provided, I do not believe the contravention occurred.

The footage shows that my vehicle was not parked, nor was it stationary for the purpose of waiting. The vehicle was positioned towards the centre of the carriageway rather than adjacent to the kerb, which is also clearly visible in the still images supplied with the PCN.

At the time, I had moved towards the centre of the road due to an oncoming vehicle approaching from the opposite direction. Whilst the vehicle was approaching, I briefly exchanged a few words with another parent in a nearby vehicle. As soon as the oncoming vehicle came close enough and it was safe for me to proceed, I continued my journey. The video footage clearly shows that once the oncoming vehicle approached and it was safe to do so, I moved off immediately. The vehicle remained occupied throughout and there was no intention to park, wait, or stop outside the school.

Furthermore, the road markings appear to be located on the nearside of the carriageway only. My vehicle was positioned towards the centre of the road rather than within the area covered by the school entrance markings. The evidence provided by the council shows that the vehicle was not stopped alongside the kerb or within the marked restricted area.

The CCTV footage does not demonstrate a vehicle parked or waiting outside the school. Rather, it shows a vehicle temporarily paused in the course of normal driving. Even the still images demonstrate that the vehicle was positioned towards the centre of the carriageway rather than parked at the roadside.

In light of the above, I respectfully request that the Penalty Charge Notice be cancelled.

Yours faithfully,

XXX

Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: MrChips on June 15, 2026, 03:29:23 pm
What were the circumstances of the stop?  It looks like you pulled up to have a brief chat with someone (another parent acquaintance from the school perhaps)?

Looks like the yellow zig zags are only on the left hand side, so you should be ok (they only apply up to the middle of the carriageway but your friend might not be so lucky...
Title: Re: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: stamfordman on June 15, 2026, 03:18:14 pm
Your driving seems a bit odd - you swerved onto the wrong side facing an oncoming car and then went back and stopped short seemingly.

But I can't see a contravention given the traffic there.
Title: PCN 48J WF Council – Advice Required on Potential Appeal
Post by: John121 on June 15, 2026, 03:01:45 pm
A PCN has been issued by Waltham Forest Council for contravention code 48J – Stopped in a restricted area outside a school when prohibited.

While the vehicle was outside the school, the driver had not stopped to park or wait. He remained in the vehicle and was positioned in the roadway, waiting for an oncoming vehicle to pass before proceeding. The vehicle then moved off as soon as it was safe to do so.

Even in the still images provided with the PCN, it can be seen that the vehicle is not parked at the side of the road but is positioned towards the centre of the carriageway, consistent with waiting for opposing traffic to pass rather than stopping outside the school.

Please see the attached video footage and advise on the best way to proceed with this matter.

Thanks

(https://i.ibb.co/bgXNsSvs/PCN1.png) (https://imgbb.com/)

(https://i.ibb.co/8g6vX7BQ/PCN2.png) (https://ibb.co/7t2Mb1z0)

https://streamable.com/2q2nlf