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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: tobesb on August 25, 2026, 10:23:20 am

Title: Re: Merton 52J Prohibition on Certain Types Of Vehicle LTN ABBEY ROAD JW HIGH PATH
Post by: tobesb on September 02, 2026, 08:20:44 pm
Would this be right to reply with then (striking out point 3)

Quote
Dear Sir/Madam,

1. The PCN does not particularise which vehicles therefore does not establish any grounds for the alleged contravention to have taken place.

2. Similarly, neither does the video support your allegation.

In light of the above, please cancel the PCN.

Kind regards,

"Keeper's name"


Would I be right in thinking I tick the box 'The contravention did not occur'?

Kind regards,

Tobes
Title: Re: Merton 52J Prohibition on Certain Types Of Vehicle LTN ABBEY ROAD JW HIGH PATH
Post by: tobesb on August 26, 2026, 08:55:37 am
Which grounds should I tick please?

Also, previous page they require a name. Shall I put the real name of the registered keeper?
Best wishes,

Toby

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Title: Re: Merton 52J Prohibition on Certain Types Of Vehicle LTN ABBEY ROAD JW HIGH PATH
Post by: Hippocrates on August 25, 2026, 03:33:03 pm
Strike out 3. Back later and please screenshot their website grounds as they  are wrong. I have 3 cases with them at present.
Title: Merton 52J Prohibition on Certain Types Of Vehicle LTN ABBEY ROAD JW HIGH PATH
Post by: tobesb on August 25, 2026, 10:23:20 am
Hello all.

Another one like this one:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/merton-52j-prohibition-on-certain-types-of-vehicle-ltn-abbey-road-jw-high-path/msg104502/#msg104502 (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/merton-52j-prohibition-on-certain-types-of-vehicle-ltn-abbey-road-jw-high-path/msg104502/#msg104502)

Incidentally, the council initiated the 'except authorised vehicles' to stop it being a 'rat run'. We got this letter posted through our letterbox about it last year:
https://www.merton.gov.uk/system/files/newsletter-experimental_order_abbey-pincott_closures.pdf (https://www.merton.gov.uk/system/files/newsletter-experimental_order_abbey-pincott_closures.pdf)

We live in the vicinity. As we're not passing through the area but are trying to return home to the area (within 400 m of the location say), we aren't using it as a 'rat run' ie passing through the neighbourhood to go further a field. Doubt this helps in any way but I thought I'd mention it just in case.

Here is the PCN:
(https://i.ibb.co/b5yhQSvd/PCN-180826.png) (https://ibb.co/d439jdpK)

(https://i.ibb.co/Ldv3Mhr5/PCN-180826-2.png) (https://ibb.co/fdQsbG9v)

I was wondering if the reply suggested for HandOverMyCardToCouncil in the first link above would be valid for my situation:

Quote
1. The PCN does not particularise which vehicles therefore does not establish any grounds for the alleged contravention to have taken place.

2. Similarly, neither does the video support your allegation.

3. The PCN is missing mandatory information as provided at Para. 4 (8 ) (v) of


London Local Authorities and Transport for London Act 2003
legislation.gov.uk


(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable.


Clearly, this refers to Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable” adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information. So, it follows that it cannot possibly be interpreted disjunctively.

In light of the above, please cancel the PCN.

Thank you for your help in this matter.

Best wishes,

Tobes