Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: John121 on May 26, 2024, 12:41:49 pm

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: Hippocrates on August 22, 2025, 10:48:06 am

Great stuff.

Unfortunately, on this occasion the original Adjudicator is not available at this present time, and I therefore heard the application.

You won't be spending any monies in Newham!

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: cp8759 on August 22, 2025, 09:13:35 am

Outcome (https://drive.google.com/file/d/1vwUIjaqmJkvAlhItjM3uwfD2rrcUVMI0/view): appeal allowed and costs awarded.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: H C Andersen on August 11, 2024, 04:56:10 pm

OP, which you are not bound to adopt.

IMO, each thread must turn on its own facts and in particular how the registered keeper is reacting to the issue.

OP, you posted that your father(the registered keeper) is very stressed about the matter.

Then on this occasion my advice remains the same: get on the front foot and do something.

Your track record at sending letters/emails has been less than successful i.e. reps to the council and letter to the police neither apparently responded to and which indeed may provide or point to what could be an underlying problem.

So far you have not managed to establish a dialogue with either party, perhaps third time lucky?

This is not instead of keeping your eye on £195 v £205, it's in addition to because you're in the float time on the critical path.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: Enceladus on August 11, 2024, 04:39:11 pm

Actually our hard working Administrator has published a guide for your Father's scenario. London Local Authorities and TfL Act 2003 & London Local Authorities Act 1996 - no NoR (https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/)

Please confirm that it is Father's name & current address on the postal PCN? Not somebody else?
Please also confirm that the representations were submitted online using Father's name & address as on the postal PCN?
IE not your name & address?
The email address used for the receipt could be either of you.

These are the steps to be followed in a case where:

1) You received a penalty charge notice issued under the London Local Authorities and Transport for London Act 2003 or an Enforcement Notice under the London Local Authorities Act 1996 (a penalty charge notice under the London Local Authorities Act 1996 doesn't count for these purposes).
2) You made representations against the PCN (under the 2003 Act) or against the Enforcement Notice (under the 1996 Act) within 28 days of the date of service of the PCN or Enforcement Notice (this is two working days after the date of issue),
1) You have not received a Notice of Rejection, but
2) You have received a charge certificate.

In this scenario, wait for the 14 day period stated on the charge certificate to expire, wait another week (but not a day more) and check whether the debt has been registered with the Traffic Enforcement Centre (TEC).

For a Transport for London case, you can rely on the information shown on https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due on https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status / history will say so and the amount will increase by £10.

For all other cases, we cannot yet say how reliable the council websites are at showing the £10 increase, so the best approach is to simply call TEC on 0300 123 1059 (first thing in the morning if you want to avoid a long wait) and ask if your PCN has been registered (do not ask anything else, they cannot help you with any other query whatsoever).

If the PCN has not been registered with TEC, put a reminder in your calendar to call again after 7 / 10 days (not longer), repeat the process until the debt has been registered.

As soon as the debt has been registered, use form PE3 which you can download from here: https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

You will need to fill in the form on your computer and then print it off (do not try and do this on your phone).

You need to tick the box next to:

I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

Note: the "Applicant" is not you, it's the enforcement authority, you are the Respondent.

Important: you should leave the "reasons" box blank. Yes this is counter-intuitive, but if you fill it in the form might be rejected.

Do not sign the form yet!

You must sign the form in front of an officer of the county court (which is free, you just need to call ahead and ask for an appointment at their public counter), or you can ask to do this at any magistrates' court (which is also free but most magistrates' courts will be unfamiliar with the process so you will need to show them the part of the form where it says it can be witnessed by a justice of the peace), or many high street solicitors will do this for around £10 / £15.

You should then scan and attach the completed form to an email and send it to tec@justice.gov.uk , put the PCN number in the subject line, you should get an immediate automated acknowledgment.

If you get an Order for Recovery and form PE3 in the post shortly after you have emailed the duly complete PE3 form to TEC, you can ignore the copy delivered in the post as long as you have the acknowledgment email from the tec mailbox.

If you get an Order for Recovery and a printed PE3 form before you have emailed the sworn PE3 form to TEC, you should fill it in, get it sworn and email it to the tec mailbox as soon as possible.

The traffic enforcement centre will issue a revoking order and your case will be referred to the tribunal, you should refer back to your thread for further guidance.

If you have any questions, please ask on your thread.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: H C Andersen on August 11, 2024, 12:46:31 pm

You say your father made reps in May.

IMO, rather than stay on the back foot I would write to the council...

Dear Sir,
PCN **********

On ** May I made representations against the above by ***(the method used).

I have not received a reply but instead have received a Charge Certificate.

Procedurally I am now obliged to submit a Statutory Declaration, however, I should none the less like to know on what basis you have issued the certificate.

Hugs...

IMO you should also chase up your correspondence with the police, after all you might need their confirmation.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: Enceladus on August 11, 2024, 04:03:21 am

Quote from: John121 on August 11, 2024, 12:55:14 am

I went to Newham website and clicked on view PCN. I can only see pictures and video footage. Cannot see any log anywhere.

Newham don't show any case progression history online.

You cannot challenge a Charge Certificate. So you need to sit tight and wait for the next stage which is the Order of Recovery.

Keep an eye on the PCN on the Newham site. Check once a week. The PCN currently sits at the Charge Certificate amount of £195. When you see the amount outstanding increases to £205, an increase of £10 from where it is now, that means that the debt has been registered with the Traffic Enforcement Centre (TEC) at Northampton County Court. You or rather the Registered Keeper of the car can then submit a Statutory Declaration to the TEC. Tick just one box, the one that says "I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice". The TEC will order the OfR revoked and the Charge Cert cancelled.

This puts you back to the PCN stage and the matter will be referred to the Independent Adjudicator at the London Tribunals for direction on how to proceed. You can then appeal to the Adjudicator.

PE3 Statutory Declaration form here. (https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fmedia%2F62e15160d3bf7f2d796ad2e5%2FPE3.doc&wdOrigin=BROWSELINK)

For the purposes of these forms you are the Respondent and Newham Council is the Applicant. The SD needs to be signed in front os a Witness. This can be done free of charge at any convenient County Court. You'll have to phone and make an appointment. A Solicitor or a Magistrate will charge circa £10.

You cannot submit the SD until the OfR has been issued. The OfR will be posted to you and the blank SD will be enclosed. But you don't have to wait for it to arrive. The amount outstanding increasing to £205 tells you the PCN has progressed to the OfR srage.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on August 11, 2024, 12:55:14 am

I went to Newham website and clicked on view PCN. I can only see pictures and video footage. Cannot see any log anywhere.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: Incandescent on August 11, 2024, 12:15:45 am

Go onto the Newham website to see if there is an event log for your PCN. It should show receipt of reps, then a response, then the CHarge Certificate. You could also ring them up to query the CC in view of your submitting representations. If they prove adamant, you will have to wait for them to register the debt at the Traffic Enforcement Centre, and then submit a Statutuory Declaration that you submitted reps but did not receive a letter of rejection.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on August 11, 2024, 12:06:29 am

Having been waiting since the 28th may 2024 when I submitted representations (in the above post). I have not received any communication whatsoever from Newham council.

However today I have received the below charge certificate from Newham Council who are now demanding we pay £195.

Please see below:

(https://i.ibb.co/Kbps001/Further-PCN-1.jpg) (https://ibb.co/2W1Mnnb)

(https://i.ibb.co/B3Z09JT/Further-PCN-2.jpg) (https://ibb.co/8s51HwP)

(https://i.ibb.co/bPPnb5V/Further-PCN-3.jpg) (https://ibb.co/Vtt8wYG)


I would be grateful if you can please help / advise what to do next? My fathers really stressed out at the moment.

Additionally, I reviewed the photos and video on the Newham Council website related to this PCN. In the photos my father took at the scene, the last image shows a man wearing a cap and using his phone. I can also see in the council's video footage that when my father drives up the other side of the one-way street, the same man with the cap and mobile phone is also seen walking up the road. This further supports the fact that the road was blocked and both pedestrians and vehicles were instructed to turn back.

Regards

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on August 10, 2024, 11:53:36 pm

I submitted the below representations to Newham Council on 28th May 2024, I received a confirmation from Newham council via email with a reference number for the representations I submitted, please see screenshot below:

REPS SUBMITTED

Dear London Borough of Newham,

I am writing to formally contest the Penalty Charge Notice PN75178727, which was issued to my vehicle NA67MDK on 14/05/2024 at 15:26 for allegedly failing to comply with a no entry restriction (contravention 51J) on Stanley Road E12 / Rixsen Road E12.

I accept I drove through the no entry signs, but this is because I was directed to do so by a police constable in uniform. On the specified date and time, the police had cordoned off Rixsen Road (just before the Berkeley Road junction) due to a critical incident involving a suicidal person. As a result there was no other way out, and the police directed me to go through the no entry restriction so that I could exit the area safely as there was no alternative route available. I was not the only one; several other vehicles were also directed to do the same and I'm sure your records will reflect this. As I am sure you will appreciate, failure to comply with the direction of a police constable in uniform is a criminal offence.

Given the circumstances and the fact that my actions were guided by the police, I believe that the issuance of this PCN was unjust. I am attaching evidence to support my claim, including:

1. Several photos taken at the time showing the police had cordoned off Rixsen Road E12.

2. A statement from a witnesses present at the scene.

I respectfully request that the PCN be cancelled. My actions were taken in compliance with police directions, ensuring the safety of myself and others during an emergency.

Thank you for your understanding and consideration. I look forward to your prompt and favorable response to this appeal.

Yours Faithfully,


Also the below witness statement was submitted along with the pictures in the above post:

**Witness Statement**
I, Name Removed, of (Door no removed) Rixsen Road, London, E12 6RN, make the following statement:
On the 14th of May, 2024, at approximately 15:26, there was a police incident on Rixsen Road, E12. The road was cordoned off with police tape, and access was restricted due to the nature of the incident.
As a result of the cordon, there was no other way for residents and drivers to exit the area. Police officers present at the scene instructed all drivers and pedestrians, including myself, to leave the area via Stanley Road.
This statement is true to the best of my knowledge and belief.
Signed,
Name and personal details removed
27/05/2024

I received a confirmation email from Newham council in regards to my representation on 28th May 2024. Please see below:

(https://i.ibb.co/M8yzq3C/Rep-Email-Confirmation.jpg) (https://ibb.co/0Bp0PdG)


Furthermore I also tried contacting the police as advised above to get further evidence however unfortunately Police were not very helpful. I also sent the below letter to Superintendent Dan Card, North East Borough Commander to Stratford Police Station end of May and have still not received any response.

---START---
Dear Superintendent Card,

On 14 May 2024 at approximately 3:20 pm there was a police incident on Warwick Road, E12 6QP. As a result the police cordoned off Rixsen Road, E12. At the time of this incident, I was in my car and unable to exit the area. Uniformed police officers instructed me to leave by driving up Stanley Road, going the wrong way on the one-way street. Consequently, I received a penalty charge notice from Newham Council, which I am currently contesting.

I would be grateful if you could provide me with confirmation that there was an incident in the area and the police had cordoned off Rixsen Road, E12, so I can use it to support my appeal.

I do not need any details about the nature of the incident nor do I require any personal information, and I am not asking for anything that wouldn't have been visible to any member of the public who happened to be walking by.

I do not have an email address for you but if would like to to respond by email, my address is (removed)

Yours sincerely,
---END---

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on August 10, 2024, 11:37:06 pm

Hi,

I hope you can help with this issue.

My father received a PCN from Newham Council for a 51j contravention - failing to comply with a no entry restriction (camera enforcement).

Although he did pass through the no entry sign and the wrong way on a one-way street, this was because the police had cordoned off Rixsen Road (just before the Berkeley Road junction) due to an incident where someone was apparently attempting to commit suicide by jumping off a building. As a result, there was no other way out, and the police advised him to go back the way he came from Stanley Road. He was not the only one; several other vehicles were also directed to do the same.

Please see below for the PCN received:

(https://i.ibb.co/fCfHnks/Original-PCN-1.jpg) (https://ibb.co/FB2z05F)

(https://i.ibb.co/61XWMwb/Original-PCN-2.jpg) (https://ibb.co/5nKR04v)

(https://i.ibb.co/Vx4yjXn/Original-PCN-3.jpg) (https://ibb.co/tzrfmyj)

(https://i.ibb.co/5RLFN6z/Original-PCN-4.jpg) (https://ibb.co/W2ftb6d)

Please see the screenshot below from Google Maps, which illustrates that there was no other way out. I have marked the location where the police had cordoned off the road.

(https://i.ibb.co/9p0GB8z/Rixsen-Diagram.png) (https://imgbb.com/)

Although the images may not be entirely clear, I have some photos taken at the scene that show the police had cordoned off the road. Please see below:

(https://i.ibb.co/1dxNW2d/PCN-1.jpg) (https://ibb.co/7RFDmyR)

(https://i.ibb.co/pbgNTY3/PCN-2.jpg) (https://ibb.co/JmN8TDz)

(https://i.ibb.co/bPPnb5V/Further-PCN-3.jpg) (https://ibb.co/Vtt8wYG)

(https://i.ibb.co/vc2y6sn/PCN-4.jpg) (https://ibb.co/VLXncH4)

(https://i.ibb.co/PQxzH1y/PCN-5.jpg) (https://ibb.co/Kw6zvVg)

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: Incandescent on August 10, 2024, 11:22:28 pm

If you can look on Newham's website to see the PCN log, it should show when your reps arrived, and when the Charge Certificate was issued. Reps need to be received within the 28 days allowed. Whilst they can accept late submissions, they don't have to.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on August 10, 2024, 11:14:39 pm

Hi All,
Hoping you can help. Having followed the instructions on this forum, I submitted my appeal accordingly to Newham council on 28th May 2024.

However Newham council have now sent a letter demanding I pay £195.

Due to this being in May when the Original PCN was issued I can see all the photos I have attached in the original post have been deleted. Unfortunately I am not able to edit the original post so I will resubmit the original post just so everyone knows whats going on and then underneath I will submit the recent communication I received from Newham council.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on May 27, 2024, 06:57:29 pm

Thanks for your help once again CP.

I've done a freedom of information request with police but have been advised it can take upto 20 working days for a response.

Meanwhile will send off the template you've provided and keep a screenshot of confirmation page.

Many Thanks

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: cp8759 on May 27, 2024, 10:13:35 am

@John121 I take it you were with him at the time? In these circumstances you should always take the collar number of the police officers at the scene, but if you didn't then you'll just have to try and get information out of the police. I wouldn't bet on them giving you a response within a useful timeframe, but you should try nonetheless.

In the meantime this is a reasonably straightforward representation:

Dear London Borough of Newham,

I accept I drove through the no entry signs, but this is because I was directed to do so by a police constable in uniform. At the material time the police had cordoned off Rixsen Road (just before the Berkeley Road junction) due to an incident where someone was apparently attempting to commit suicide by jumping off a building. As a result there was no other way out, and the police directed me to go through the no entry restriction as there was no other way out. I was not the only one; several other vehicles were also directed to do the same and I'm sure your records will reflect this. As I am sure you will appreciate, failure to comply with the direction of a police constable in uniform is a criminal offence.

I attach several photos taken at the time showing that the police had cordoned off Rixsen Road.

Yours faithfully,

Send this online and keep a screenshot of the confirmation page.

@Southpaw82 @andy_foster I know there's some case law about police officers being empowered to direct motorists to contravene section 36 signs such as traffic lights etc, do you guys happen to have a reference?

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John U.K. on May 27, 2024, 08:04:26 am

.

Quote

As a result, there was no other way out, and the police advised him to go back the way he came from Stanley Road.

Acting on the directions of a police constable in uniform is a statutory exemption for most road traffic offences.

In the bowels of the met (and possibly in local media traffic reports) there will bew a record of the suicide attempt and the emergency road closure. Try starting with the police station local to the incident, or exploring the Met's website.
https://www.met.police.uk/
especially
https://www.met.police.uk/rqo/request/ri/request-information/
and
https://www.met.police.uk/rqo/request/
and
https://www.met.police.uk/foi-ai/af/accessing-information/


As acting under police direction is a statutory defence, I would suggest that the Met have a duty to release the information to your father or yourself acting on his behalf.

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on May 26, 2024, 10:11:42 pm

My dad is not from around that area plus don't think police will be willing to give a statement. I may be able to get a witness statement.

Hows the best way to proceed with this?

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John U.K. on May 26, 2024, 07:49:46 pm

Quote from: John121 on May 26, 2024, 07:29:58 pm

Hi. I'm not sure if I did something wrong, but I haven't received a response yet.

Volunteers with busy lives + bank holiday weekend.....

Can you get a statement from the relevant police station?

Title: Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on May 26, 2024, 07:29:58 pm

Hi. I'm not sure if I did something wrong, but I haven't received a response yet.

Title: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12 - Road Closed By Police
Post by: John121 on May 26, 2024, 12:41:49 pm

Hi,

I hope you can help with this issue.

My father received a PCN from Newham Council for a 51j contravention - failing to comply with a no entry restriction (camera enforcement).

Although he did pass through the no entry sign and the wrong way on a one-way street, this was because the police had cordoned off Rixsen Road (just before the Berkeley Road junction) due to an incident where someone was apparently attempting to commit suicide by jumping off a building. As a result, there was no other way out, and the police advised him to go back the way he came from Stanley Road. He was not the only one; several other vehicles were also directed to do the same.

Please see below for the PCN received:


(https://i.ibb.co/z7kw4wC/1.jpg) (https://ibb.co/1dSxmxB)


(https://i.ibb.co/HqWSyWT/2.jpg) (https://ibb.co/njHGyHM)


(https://i.ibb.co/XjnKkG9/3.jpg) (https://ibb.co/GnZ83rX)


(https://i.ibb.co/RCdFr3L/4.jpg) (https://ibb.co/xMdk91V)


Please see the screenshot below from Google Maps, which illustrates that there was no other way out. I have marked the location where the police had cordoned off the road.


(https://i.ibb.co/tD4v0kH/Screenshot.png) (https://ibb.co/m4G2n1R)


Although the images may not be entirely clear, I have some photos taken at the scene that show the police had cordoned off the road. Please see below:


(https://i.ibb.co/y4n1Htn/C1.jpg) (https://ibb.co/6XRxjzR)


(https://i.ibb.co/w4rFvpH/C2.jpg) (https://ibb.co/qpF3ZmG)


(https://i.ibb.co/XzMDT5t/C3.jpg) (https://ibb.co/y87pJkq)


I would appreciate your advice on how to proceed with this matter.


Thanks