Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: terika4e on February 10, 2025, 07:29:28 pm
-
Here is what I have submitted.
Dear Sir/ Madam,
I am writing to formally challenge the above Penalty Charge Notice.
When I returned to my vehicle, no PCN was affixed to my windscreen. I see that per the Civil Enforcement Officer’s photo one was produced but I did not return to my car until many hours after as I work into the early hours at the Victoria Warehouse venue opposite. I believe either the wind (which was harsh that night) or someone from the crowds of the Manchester United football game that evening removed it.
Furthermore, I received no other correspondence other than a Notice to Owner. This letter also states that “the vehicle was served with a penalty charge notice (PCN) which allowed 14 days for payment of a 50% discounted penalty charge). This is not true as none was received by myself, and I’m being asked to pay the full amount.
I’m asking you to please consider my personal situation.
I look forward to your response,
Yours faithfully,
I understand I may now have no grounds but it's worth a try.
-
Just to add I have realised that the second to last photo available does show a PCN attached to my windshield.
I'm being honest when I say none was there was I got back so I'll edit my appeal accordingly.
-
Thanks for all your help everyone. Please let me know your thoughts on my response.
Dear Sir/ Madam,
I am writing to formally challenge the above Penalty Charge Notice.
In accordance with the Traffic Management Act 2004, I believe a procedural impropriety has occurred.
When I returned to my vehicle, no PCN was affixed to the windscreen. The Civil Enforcement Officer’s photos show this to be true.
Furthermore, I received no other correspondence other than a Notice to Owner. This letter also states that “the vehicle was served with a penalty charge notice (PCN) which allowed 14 days for payment of a 50% discounted penalty charge). This is not true as none was received and I’m being asked to pay the full amount.
For this reason, I look forward to receiving notification that the Penalty Charge Notice has been cancelled.
Yours faithfully,
-
'The person appearing to be in charge of the vehicle was served with a Penalty Charge Notice...'
'I was never aware of the PCN as none was placed upon my windshield (as the photos show)'
How can this square be circled?
The Trafford site is down for maintenance currently so I can't view the council's evidence.
NTO served 23 Jan. therefore the 28-day period ends on 23 Feb.
-
There may also be a "technical" appeal based on council mismanagement of the enforcement process
Can anyone give me some pointers on anything I could research here that is applicable to my case? Like I said this is my first letter about this which suggests the process hasn't been followed correctly.
Thanks.
Wins have been acheived in London where the council webpages for submitting representations don't match the statutory grounds for an appeal listed on your Notice to Owner, or which only allow selection of a single statutory ground. So have a look there. If you could capture the various screens and post them here we could look at them. A council error here would come under statutory grounds of "procedural impropriety", and win an adjudication. However, first you have to submit reps against the NtO; only after these are rejected can you go to TPT.
In the absence of any faults in their website pages, your reps could also point out that with no PCN found on your car, you lost the opportunity to pay the discount.
-
There may also be a "technical" appeal based on council mismanagement of the enforcement process
Can anyone give me some pointers on anything I could research here that is applicable to my case? Like I said this is my first letter about this which suggests the process hasn't been followed correctly.
Thanks.
-
Yeah I know, didn't have much of a choice that evening however.
What grounds do I have for appeal?
I can't see any viable grounds at the moment, but somebody may see something.
There may also be a "technical" appeal based on council mismanagement of the enforcement process, and nothing to do with the actual alleged contravention. This is governed by the Traffic Management Act 2004, and a set of regulations. Councils must follow what the regulations require them to do, so if they don't the PCN is void as not following what the law and regulations is a 'procedural impropriety'. Trouble is for these sort of appeals is they are dealt with at the adjudicators, and the full PCN penalty is in play, the discount option has gone by then.
-
Yeah I know, didn't have much of a choice that evening however.
What grounds do I have for appeal?
-
Trouble with taking a chance a CEO won't turn up, is they often do and in big cities, they patrol 24x7 because the PCNs they serve make so much money. Did you know the councils keep all the money paid in penalties ?
-
I was working in the venue across the road (Victoria Warehouse) and I took a chance as parking was controlled by security guards who would not let me park on-site despite it being for staff (a regular occurance here).
As for the van there was no visible windscreen notice when I got back to my vehicle (same with mine as shown by the pictures)
-
OK, so I looked at the photos taken by the CEO which clearly show your car by a set of double-yellow lines that mean No Parking 24x7. I assume the van parked alongside you got a PCN too.
Any reason for ignoring them ?
Location is close to Manchester United's ground. Where you at a match ?
-
Thanks for the advice.
Copy of NtO (https://drive.google.com/drive/folders/16tV8koxQB2DQaMHqyuhoH2uBNR21KRCh?usp=sharing)
GSV link (https://maps.app.goo.gl/5kZDjTPJVbqVwrDj6) (Parked near the red gates)
Cheers.
-
Please re-post the NtO (all sides) - only redact yr name and address, leave all else in -
with a GSV link to the location - see for guidance
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
-
Hi all,
I recently received a Notice to Owner in my name. I was never aware of the PCN as none was placed upon my windshield (as the photos show) nor have I received any previous correspondence.
Please let me know your thoughts.
Cheers.
[attachment deleted by admin]