Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: flash2005 on May 26, 2025, 11:56:55 am
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Look at the fourth paragraph of the second page of the NoR. Also nowhere does the NoR tell you what the statutory amount is.
Let me draft the appeal here for review today
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Look at the fourth paragraph of the second page of the NoR. Also nowhere does the NoR tell you what the statutory amount is.
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Ok, Will go ahead with No 2 as the appeal rationale. Will they sent a notice to keeper ?
There is no such thing as a "notice to keeper" under the legislation. You need to re-read the notice of rejection, it clearly explains the next steps. You have 28 days to pay the penalty or appeal to the tribunal, there is no other choice / option.
If they have provided an appeal form then great, if not then just make your own notice of appeal, make sure to include everything required by paragraph 2(2) of Schedule 1 to The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/576/schedule/1/paragraph/2) and email it to queries@londontribunals.org.uk together with a copy of the notice of rejection. Make sure to request a hearing.
I was reading the appeal - Ayman Labib v Transport for London (2240513624, 18 January 2025). The wording mentioned in my PCN is different than what was mentioned in this 18th January case. Are you sure this rationale is applicable for my case regarding procedural impropriety ?
From the same appeal it mentions this statement, but it is not present in my PCN
""You should now make full payment for the outstanding PCN(s) within 28
days of the service of this Notice. The amount(s) currently due is set out
below. For those PCNs held at the discounted penalty charge amount, we
will provide you a further 14 days beginning with the date of this notice to
pay and close the PCN at that rate. If the PCN(s) remain unpaid after this
14-day period, the penalty charge due will revert to the standard penalty
charge amount as stated on the PCN."
At the bottom of the NoR it is written, "Outstanding Balance: £80"."
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Ok, Will go ahead with No 2 as the appeal rationale. Will they sent a notice to keeper ?
There is no such thing as a "notice to keeper" under the legislation. You need to re-read the notice of rejection, it clearly explains the next steps. You have 28 days to pay the penalty or appeal to the tribunal, there is no other choice / option.
If they have provided an appeal form then great, if not then just make your own notice of appeal, make sure to include everything required by paragraph 2(2) of Schedule 1 to The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/576/schedule/1/paragraph/2) and email it to queries@londontribunals.org.uk together with a copy of the notice of rejection. Make sure to request a hearing.
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I don't understand points 1 and 3, there is only one obviously arguable ground, unless something useful emerges from the evidence pack. You have the rationale of adjudicator Anderson's decision so I suggest you write something based on that.
I also don't understand what you mean by "if it goes to that level", you're already at that level, the only alternative is to give up and pay.
Ok, Will go ahead with No 2 as the appeal rationale. Will they sent a notice to keeper ?
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I don't understand points 1 and 3, there is only one obviously arguable ground, unless something useful emerges from the evidence pack. You have the rationale of adjudicator Anderson's decision so I suggest you write something based on that.
I also don't understand what you mean by "if it goes to that level", you're already at that level, the only alternative is to give up and pay.
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Well you have arguable grounds to appeal, as I've said I've sent you a PM (https://www.ftla.uk/index.php?action=pm) in case you'd like me to represent you.
I would like to represent myself if it goes to that level. Can I get some help in the representation please ? Based on the example these are the 3 arguments used.
1. Failure to Properly Identify the Registered Keeper
2. Misleading Information Regarding Payment and Charge Certificate Timelines
3. Disproportionate Case Summary / Evidence Bundle
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Well you have arguable grounds to appeal, as I've said I've sent you a PM (https://www.ftla.uk/index.php?action=pm) in case you'd like me to represent you.
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What sort of noise, and why did you feel it necessary to pull over? Couldn't you have just turned the fan off while you were driving along?
It was a loud popping noise, almost like a tyre had blown out. It was hard to figure out the reason for the noise while driving. Also on EVs there are no buttons so you have to go into the touchscreen menus to turn off the AC, so not straightforward while driving and it actually could be dangerous.
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What sort of noise, and why did you feel it necessary to pull over? Couldn't you have just turned the fan off while you were driving along?
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It would be helpful if you told us if you are the driver or not, for statutory PCNs it's counter-productive to hide the identity of the driver as the owner is liable no matter who was driving.
It's also unclear what exactly the purpose of stopping was in the first place, did the driver for example switch the car off and on again? Did they manage to fix the error before driving off?
Another angle is the one illustrated Ayman Labib v Transport for London (2240513624, 18 January 2025) (https://drive.google.com/file/d/1gq3Sj0X_O6SYNWwFj-2u_MTvpEWPhDF5/view).
I'll also drop you a PM in case you'd like me to represent you at the tribunal.
Yes, I was the driver of the vehicle. The purpose of stopping was to investigate the sudden noise coming from the AC vents. So I pulled over, I checked a few settings in the car, and wasn't able to get it to stop, so switched everything off and then within 3 minutes started again. I wasn't able to fix the error, but visited the service centre the next day to resolve the issue.
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It would be helpful if you told us if you are the driver or not, for statutory PCNs it's counter-productive to hide the identity of the driver as the owner is liable no matter who was driving.
It's also unclear what exactly the purpose of stopping was in the first place, did the driver for example switch the car off and on again? Did they manage to fix the error before driving off?
Another angle is the one illustrated Ayman Labib v Transport for London (2240513624, 18 January 2025) (https://drive.google.com/file/d/1gq3Sj0X_O6SYNWwFj-2u_MTvpEWPhDF5/view).
I'll also drop you a PM in case you'd like me to represent you at the tribunal.
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It would have been better to wait for direct advice from me before submitting a representation but we are where we are, let's see what comes back.
I got an email today saying that the representation has been rejected. Letter posted below. Any advice on the next steps please ?
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(https://i.imgur.com/3R9FDya.png)
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(https://i.imgur.com/ETdEvRo.png)
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It would have been better to wait for direct advice from me before submitting a representation but we are where we are, let's see what comes back.
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Looks OK, but don't be surprised if they reject it, as they are in thrall to the cash these PCNs generate.
Anyway, ram it up them !
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I am writing to formally challenge the issuance of a Penalty Charge Notice (PCN) issued by Transport for London against my vehicle on 16th May 2025, on Mile End Road.
At the time of the alleged contravention, the vehicle had come to a temporary stop—lasting approximately three minutes—due to an urgent and unexpected mechanical issue. Specifically, there was a loud and alarming noise coming from the HVAC system, which posed a potential safety concern. As the driver, I was compelled to stop the vehicle immediately in order to assess the situation and ensure that it was safe to continue driving.
Please note the following key points:
• The vehicle was not parked or left unattended. I remained inside the vehicle throughout the brief stop. At no point did I or any passenger exit the vehicle.
• The brake lights and engine were on, as clearly visible in the photographic evidence, indicating that the vehicle was stationary only temporarily and remained in operation.
• This was an emergency precautionary stop, driven by safety concerns rather than an attempt to park or wait unlawfully.
• The issue was later diagnosed and repaired by a certified car service centre the following day. A copy of the invoice from the garage is enclosed with this appeal to demonstrate the authenticity and seriousness of the mechanical issue.
I would like to stress that this stop was made solely for safety reasons. Continuing to drive a vehicle emitting loud mechanical noises could have endangered myself, my passengers, and others on the road. The decision to pull over momentarily was both responsible and necessary.
In light of these facts, I respectfully request that this PCN be reviewed and cancelled. This was not a case of illegal parking or idling, but a short, safety-driven stop to respond to an unforeseen mechanical issue.
Thank you for your understanding and for considering this appeal.
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Then you need to submit reps on the basis of the problem you have described here, including a copy of the invoice, and also emphasise the serious safety-related aspect of the problem.
Ok, I will submit this today
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I also visited the car service centre next day to get the issue diagnosed and resolved.
Any paperwork to support this?
Yes I have the invoice from the service centre dated 6 May 2025, citing diagnosis and resolution of this issue.
Then you need to submit reps on the basis of the problem you have described here, including a copy of the invoice, and also emphasise the serious safety-related aspect of the problem.
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I also visited the car service centre next day to get the issue diagnosed and resolved.
Any paperwork to support this?
Yes I have the invoice from the service centre dated 6 May 2025, citing diagnosis and resolution of this issue.
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I also visited the car service centre next day to get the issue diagnosed and resolved.
Any paperwork to support this?
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The driver had stopped for some time (3 mins approx) on Mile End Road, to investigate a loud noise coming from the HVAC of the car. You can see in the pictures that the car brake lights are on. At no point did anybody step out of the car. However a ticket has been issued for parking by TFL. There was a malfunction which created a big distraction for the driver and hence there was a need to stop on the side of the road to investigate. At no point did the driver step out of the car as you can see the engine and brake lights switched on throughout the period. I also visited the car service centre next day to get the issue diagnosed and resolved. The contravention happened as the driver was alarmed by the issue with the car. Are there any grounds to contest this ticket ? Can I lodge an appeal with this explanation ?
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Ticket <br>
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Pictures <br>
(https://i.imgur.com/KqTFjGJ.jpeg) <br>
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Google Maps Street View <br>
https://maps.app.goo.gl/FMEvvk64JYyf9WUx7 <br>