Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Abi90 on June 01, 2025, 06:28:46 pm
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Back to the PCN pl.
Date of contravention: 25 Feb. 2025
Date PCN issued(presumably to the OP, but who knows?): 6 May.
Prima facie the PCN is out of time and void.
OP, pl FORGET all about the contravention and who was driving, IMO they are secondary to procedural priorities.
Who is the addressee in the posted PCN? We don't need names, let's use code:
A = the registered keeper;
B = the lease company.
C = the person who leased the vehicle;
D = you, the OP.
As you will see from the legislation(it's referred to at the top of the PCN):
https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted
This is procedural.
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The leasing company has informed them I am the hirer, why are they asking me to sign something admitting liability?
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Who was driving is irrelevant in law, it is the registered keeper who has full legal responsibility for a PCN issued for the vehicle. Hire companies can submit representations that they are a hire company and must name the person and address hiring the vehicle on the relevant date. A new PCN, or Notice to Owner, can then be sent.
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So we made an appeal on the website stating I was not the driver. They then sent a letter asking for evidence that there is another hirer/leasee of the vehicle and we should respond within 8 days of RECIEVING the letter. I have spoken to my leasing company and can't get hubby's name on the contract although he is on the insurance and his name is on the cuurrent certificate of insurance (recently updated on their system automatically from 30th June), we have no previous certificates confirming (never needed to download them) his additional to the insurance although he has been on the insurance since the start of the contract in 2023.
Please see copy of correspondence attached.
Any further advice?
P.s. the back of the attachment has no other information. Just finishes the signature with ' HEAD OF PARKING SERVICES'
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OK, so their video, (the sole evidence BTW), shows your car turning into the restricted street. The signs passed are not shown, so you can state this in any reps, and indeed in an appeal at London Tribunals, but it is not necessarily a winning argument. This is because the civil test of evidence is "the balance of probabilities". Your car turned left into the street, so the restriction signs would not be fully visible until the turn is started. This means, in order to fulfill their duty under LATOR 2016, the council should place an advance warning sign before the turn. And indeed they have placed such a sign (GSV September 2024): -
https://maps.app.goo.gl/viRtk2XRJYdqyJih9
Here is Reg 18 of LATOR 2016
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
I have to say, (sorry to say it), but this is a prominent sign,and I would think difficult to miss when driving. Your narrative indicates a possible timing issue, (entered street 0910, restriction ended 0915, but this is not really a candidate for a de minimis appeal. I say 'appeal', because the only place where you'll get an unbiased opinion is London Tribunals; the council will always reject whatever you say, because they keep the money if you pay-up. The big hurdle with London Tribunals is that the full PCN penalty is in play there. This is why most people just fold and cough-up, most without even submitting any representations at all.
Despite the above, there may also be a 'technical' appeal argument not related to the contravention in any way. Such appeal arguments are based on council mismanagement of the enforcement process, and have won many appeals at London Tribunals. SO wait a bit to see what may be suggested, but don't miss the deadline on the PCN to pay or submit representations.
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Hi all,
Has anyone dealt with Enfield council on this?
If so, can you offer any advice at all?
It would be much appreciated.
Many thanks
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Hi all,
Its me again. This time, my husband was driving (he is also insured on our lease car).
The pcn states he entered the road at 09.10am where the prohibition ends at 9.15am. We have not seen the sign showing this do not remember it and the images they provide does not show the sign. I had to go online and find the road name to try and get details of the restricted access, it's a school road. There is video footage but it only shows my husband turning into the road at 9.10:52 seconds. No signage in the video either but it's onward facing as you come into the road and not from our perspective.
I intended to wait near 28 days and file an appeal to say I am not the driver but Enfield council have removed this ground for appeal! Can they do that?
How can I proceed?
Many thanks for your help.
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