Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: gambit007 on June 16, 2026, 11:37:55 pm

Title: Re: Bailiff - Bucks Council - 50r performing a prohibited turn - help with late challenge to PCN
Post by: Neil B on June 17, 2026, 09:18:14 am
You haven't mentioned ANY dates regarding the PCN or late challenge or any other document?

You views about the sign seem subjective and you haven't shown us it or given any link where we might view it.
Title: Re: Bailiff - Bucks Council - 50r performing a prohibited turn - help with late challenge to PCN
Post by: gambit007 on June 17, 2026, 07:40:03 am
Thank you.  I have paid.  I understand what you say about the delay - I did put in medical evidence in support of the delay, but the TE7, 9 weren't filed because of the box-ticking issue so no-one saw that. 

Do you know if there is a way to challenge as a matter of principle now?  I'd like a refund, but I also just want the sign moved as I genuinely believe it's in the wrong location, which is why so many ANPR-triggered PCNs have been issued for this camera that I believe aren't lawful.  I was wondering about contacting my local Bucks county councillor, but perhaps there's a better way?
Title: Re: Bailiff - Bucks Council - 50r performing a prohibited turn - help with late challenge to PCN
Post by: Incandescent on June 17, 2026, 01:27:49 am
Well, the key to your problem is not submitting representations within the 28 day period. B y not submitting anything within the 28 days you essentially lost the plot. In fact, it seems you only got round to doing something when the Charge Certificate arrived.

Essentially, there is no path back to the PCN, the debt has been registered at TEC, the council will have served you with an Order for Recovery, and as you've paid nothing, have instructed bailiffs. T
Basically the process has run its course, and you must now pay up. The letter from Marstons will now have added £75 to the amount you owe, and if they pay a visit, they'll add on a visit fee of £235.

My advice is to now pay-up before they visit.
Title: Bailiff - Bucks Council - 50r performing a prohibited turn - help with late challenge to PCN
Post by: gambit007 on June 16, 2026, 11:37:55 pm
I was late challenging a PCN for a MTO with a local council. The MTO is a 50r prohibition of a right turn. 

I did not formally challenge within 28 days, and have been regretting that ever since. I was late because I both wanted to try and go back to the location to assess whether the PCN was appropriately imposed and I have been struggling with my mental health.

Ever since then, I have been trying to challenge - I wrote to the council setting out the reasons why I did not believe there was an offence, but they wrote back, saying they didn't have to consider it once they had issued a charging certificate.

I contacted the TEC to see how I could challenge it, and they said to fill out forms TE7 and TE9, but the boxes on TE9 don't really apply - which I explained to them. So I completed those anyway as they had advised it, but without ticking a TE9 box. The TEC then emailed some days later to say that they wouldn't process the forms without the TE9 having a box ticked, but I can't tick a box as it requires you to declare that you either didn't receive the PCN, or did receive it and challenged within 28 days and something went wrong with that process. But I did receive it and just challenged it late.

Now I have received a notice of enforcement from Marston Recovery.

How can I get the right person / body to look at my challenge to the PCN? I believe there's no legal basis for it because the ANPR camera for the MTO is not in the required location. I have completed a FOI Act request, which shows this is the most-imposed MTO penalty by the council since it was introduced and I believe this is because the sign for the MTO is in the wrong location. I have also prepared a witness statement that explains the issue and refers to paragraph 1(2) of Part 5, Schedule 3 General Directions of The Traffic Signs Regulations and General Directions 206 (which says "When the sign is placed to indicate the point at which a restriction, requirement or prohibition begins or ends, it must be placed as near as practicable to that point") and explains why the location of the sign is defective. How can I get someone with authority (TEC / Judge?) to look at that argument and, if they agree with me, quash the PCN?

I was advised on another forum to post here for advice.  Thank you.