Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: poklepi on August 24, 2026, 12:16:45 pm
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Done. Thanks for the advice! I will keep you posted.
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It's fine for me other than I would re-order your points, putting the condition of the PCN first.
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I make representations against the above PCN on the following grounds.
1. The alleged contravention did not occur
At approximately 21:30 on 30 July 2026, I parked my vehicle at the location shown in the authority's photographic evidence, outside 27 Evelyn Gardens.
I live in a property directly fronting this residents' parking bay and use the parking place regularly. I did not notice any suspension signage when I parked on the evening of 30 July, nor do I recall seeing any such signage in the days immediately preceding this.
I subsequently checked the vehicle on 31 July before leaving for holiday that day and again did not notice any suspension signage.
I have now seen from the authority's evidence that the suspension sign states "posted 23/07/2026". Given the above circumstances, I ask the Council to confirm when the suspension signage was actually erected and to provide the contemporaneous records establishing that it was in place from 23 July 2026.
I understand that the Council's policy is ordinarily to provide at least 7 calendar days' advance notice of a parking suspension. If the signage was not in fact erected on 23 July as stated, the required advance notice would not have been provided.
Furthermore, the Council's own online "Find a scheduled parking suspension" facility currently returns the following result when searching Evelyn Gardens for 31 July 2026:
"There are no parking suspensions for Evelyn Gardens on 31/07/2026."
If the Council rejects these representations, please provide the relevant suspension record together with the contemporaneous sign **** log, dated photographs or other records establishing when and where the suspension signage was erected.
2. Condition of the PCN
I was away on holiday from 31 July until 17 August 2026. Upon returning on Monday 17 August, I found the PCN still attached to my vehicle.
Considerable portions of the printed information on the face of the notice are faded or disappeared entirely. In particular, a substantial section of the information immediately above and right beneath the detachable payment slip was no longer legible.
I enclose photographs showing the PCN exactly as I found it.
A motorist must be able to ascertain from a PCN the mandatory information concerning the penalty and the procedure applicable to it. The notice should therefore be printed and protected in a manner reasonably capable of preserving that information while it remains affixed to the vehicle.
In this case, the PCN was apparently not adequately sealed against the elements and/or was printed using materials that did not preserve the information.
I therefore ask the Council to cancel the PCN.
Should the Council nevertheless reject these representations, please address each of the above grounds specifically and provide the requested evidence concerning the suspension and **** of the signage.
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There isn't a specified 'last day'. You missed the discount, not that you'd have known because of the condition of the PCN, and the authority must consider reps made before a Notice to Owner is served which cannot be before end of play today and might be weeks later, it's their choice.
Post a draft here pl.
You not seeing the suspension sign which complies with procedural requirements is not the authority's problem.
But not sealing a PCN envelope or otherwise using defective printing processes/paper such that the mandatory info is not visible after such a relatively short time is, IMO.
I live at;
I use the parking place regularly other than when on holiday which I was from ** to **;
I did not notice the suspension sign prior to going on holiday, pl confirm when it was erected;
On my return I found the enclosed PCN which was missing considerable amounts of information..
etc.
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Hi,
Just checking to see if you had any additional comments as tomorrow is last day to submit the challenge.
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@tincombe @stamfordman
https://imgpile.com/p/Hc105UF
Here you can see the PCN front and back together with the envelope. This london heat clearly had its effects…
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17 days facing SW doesn't seem to me to be reason their PCN is defective. I think this point is arguable.
..unlike, sorry to say, you not seeing the suspension sign for 7 days if it was erected as the council claims.
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Hi @tincombe
Yes, I agree that the wings are visible in the council's photographs. However, as I mentioned earlier, I did not notice the suspension sign either in the days leading up to the suspension or on the day I left for holiday.
The PCN was issued on 31 July and remained on the windscreen until I returned from holiday Monday 17 August. What I posted is exactly how I found it. I haven't redacted or removed any of the information. Some of the printing appears to have disappeared while it was left exposed to the elements.
I'll post a photo of the back shortly.
Hi @stamfordman I also checked that database but noticed nothing could be found - this could be due to the hack which has caused considerable issues to their systems.
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If you've had 2 PCNs cancelled on the basis that the council hadn't complied with its policy of giving 7 days' notice of suspensions, then this is something more than an 'understanding' on your part, surely.
Do you agree that the sign's wings are visible in the photos?
For how long after service was the PCN on your windscreen before you recovered it? If what you posted is how it was found by you, then prima facie it's defective. So that we can assess this in the round, post the back of the PCN pl.
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A defective PCN is a possible issue.
Just to let you know that K&C is one of the few that has an email suspension alert system and a search but it looks like they've had a hacker.
https://www.rbkc.gov.uk/parking-permissions/about-parking-suspensions/search-scheduled-suspensions
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Apologies for the typo... you are correct, I meant no. 27, not no. 12.
I live in the house directly fronting this parking bay where the vehicle was parked, and I am the registered keeper of the vehicle with my current details registered with the DVLA.
The discount information has not been deliberately redacted. It appears to have disappeared due to exposure to the elements, as I only discovered the PCN on my windscreen upon returning from my summer holiday.
There have been previous situations where the council has claimed that suspension signage was erected with appropriate notice but was unable to provide evidence to prove this (i.e. that the sign was in fact present on the day it was allegedly errected). I have already successfully challenged two such PCNs. Hence, I would like to know whether there are any further points or suggestions that could be added to the challenge.
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You were parked o/s no. 27, not no. 12.
The suspension sign in the photos is situated on the nearest traffic sign post situated between 21/23.
The suspension sign had 'wings' as can be seen clearly in the photos.
On the basis of the above I don't think the OP has an arguable case as regards the basics of the contravention: they just didn't look and it happens. Had they done so then IMO in daylight the wings would have been visible.
Whether there are council policy issues at play, the OP hasn't provided any evidence.
I also understand that RBKC normally provides 7 calendar days' advance notice of a parking suspension. I did not receive any notification of the suspension, despite being a resident/permit holder.
The suspension came into effect on 31, 8 calendar days after the sign suggests it was erected.
OP, do you live in the house numbers which front this parking bay?
Also, are you the registered keeper with current DVLA details?
Why has the discount info on the PCN been redacted?
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Correct. The closest lamp post appears to be positioned outside 21 Evelyn Gardens. The car was parked approximately 15 metres, if not more, to the right, in front of 12 Evelyn Gardens, at the start/end of the residents' parking bay.
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If it's here it seems the suspension sign was on the nearest parking sign? That's the one you have a duty to consult but the bay doesn't look well signed.
https://maps.app.goo.gl/fY5Z5xzSCj9csaoq8
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Hi all,
I would appreciate some advice on whether I have grounds to challenge this PCN issued by the Royal Borough of Kensington and Chelsea.
PCN: KE27705861
Location: Evelyn Gardens
Contravention: Parked wholly or partly in a suspended bay or space residents bay
Date: 31/07/2026
Time: 12:13
Penalty: £160
At approximately 21:30 on 30 July 2026, I parked the vehicle in a residents' bay outside 12 Evelyn Gardens. I did not see any suspension signage when I parked.
I was due to leave for holiday the following day, 31 July. I did not become aware that the bay had been suspended (there are no lamp posts in front of number 12) and subsequently received this PCN.
Having now looked at the council's photographic evidence, I noticed that the suspension sign appears to state that the suspension was posted 23/07/2026. The sign appears to be present on a lamp post further down the road.
I also understand that RBKC normally provides 7 calendar days' advance notice of a parking suspension. I did not receive any notification of the suspension, despite being a resident/permit holder.
PCN, council photographs and suspension sign can be seen here: https://imgpile.com/p/vHb9rcl
Any advice on how this should be challenged would be greatly appreciated. We successfully challenged a similar PCN last year, although in that case the cancellation was ultimately due to the NTO having been sent to the wrong address.
Many thanks in advance for any advice.