Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: JLA on September 01, 2026, 03:11:57 pm
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Does that mean i can't appeal for this reason then so have to pay up?
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The LLA & TfL Act 2003 statutory grounds for PCN cancellation does not include Procedural Impropriety; that applies only to the Traffic Management Act 2004. The various Acts which allow councils to issue PCNs are a complete dog's breakfast, I'm afraid.
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Unfortunately the driver can't remember the route they took. Think I'll probably just try appeal using timescales, knowing they'll reject, but just buy a bit of time!
What grounds can I appeal under as there isn't one for procedural impropriety or other?
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Most councils re-offer the discount when rejecting reps submitted within the discount period, and some will also re-offer it outside that period but within the 28 days. However this is not a legal right, and Havering have decided to not re-offer the discount in any circumstances.
So it's up to you, pay the £80 or submit reps.
However, if you can find out the exact route the driver took to pass the restriction signs we3 can assess the case for adequacy of signage. Here is the approach to Broomhouse Lane restriction:-
https://maps.app.goo.gl/gqBaZBAdrgF2zLJHA
and here is the approach on Daisy Lane: -
https://maps.app.goo.gl/UDan5om5PHN1xi5Y8
GSV doesn't have any closer views I'm afraid, but the signs seem clear enough
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Thanks for response, i only have the 2 timing issue point to appeal on, but if that's not a strong enough appeal point then i have to pay the £80 today (14 days since date of notice).
If i don't pay the reduced rate or submit an appeal by today will i lose the right to pay the reduced rate when they reject my appeal if i submit it after the 14 day period?
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The two periods is a result of a stupid drafting error in the LLA & TfL Act 2003, not because the council are thickos. However some councils got it wrong when stating the two periods, and some adjudications were won at London Tribunals. So wait a bit until "the experts" have looked over the PCN. There have to be specific errors in stating the two periods.
This one example of the law being a complete ass, because if you submit reps against the PCN on the 28th day since service, you're already over the limit for paying it !
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Hi, got this PCN last week, the driver rarely visits that area so wasn't aware of restrictions and they honestly didn't see signs (no excuse I know), but after reading other posts on the forum am I right in thinking that this PCN is not fully compliant with regards to the fact that it states 2 different time frames for payment ie:
'A penalty charge of £160 is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice'
But then goes on to state
'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'
Or is the date of service the same as the date of the notice?
Would appreciate any advice on this. Thanks.
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