Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SBBFAMB on June 26, 2025, 06:31:47 pm
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The governing legislation in this case is the London Local Authorities and Transport for London Act 2003 which provides as far as is relevant that:
[a Notice of Rejection]
must—
(a)state that a charge certificate may be served under paragraph 5 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—
(i)the penalty charge is paid; or
(ii)the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge; and
(b)describe in general terms the form and manner in which such an appeal must be made,
and
1)Where an enforcing authority serve a notice of rejection, the person who made the representations under paragraph 1 above in respect of which that notice was served may, before—
(a)the end of the period of 28 days beginning with the date of service of that notice; or
(b)such longer period as a traffic adjudicator may allow,
appeal to a traffic adjudicator against the decision of the enforcing authority.
The NOR in this case refers to these timed periods as follows:
..pay within 28 days of the date of service of this letter;
.you may now appeal within 28 days of the date of service of this letter;
If you do not pay or appeal withi 28 days of the date of this letter then ..
..we may serve a Charge Certificate.[/color]
'Within' in this contect means from the date of.
With respect, every reference to 28 days in the NOR is incorrect.
https://www.ftla.uk/index.php?action=dlattach;topic=7007.0;attach=20293;image
No it does not state this.
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The governing legislation in this case is the London Local Authorities and Transport for London Act 2003 which provides as far as is relevant that:
[a Notice of Rejection]
must—
(a)state that a charge certificate may be served under paragraph 5 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—
(i)the penalty charge is paid; or
(ii)the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge; and
(b)describe in general terms the form and manner in which such an appeal must be made,
and
1)Where an enforcing authority serve a notice of rejection, the person who made the representations under paragraph 1 above in respect of which that notice was served may, before—
(a)the end of the period of 28 days beginning with the date of service of that notice; or
(b)such longer period as a traffic adjudicator may allow,
appeal to a traffic adjudicator against the decision of the enforcing authority.
The NOR in this case refers to these timed periods as follows:
..pay within 28 days of the date of service of this letter;
.you may now appeal within 28 days of the date of service of this letter;
If you do not pay or appeal withi 28 days of the date of this letter then ..
..we may serve a Charge Certificate.
'Within' in this contect means from the date of.
With respect, every reference to 28 days in the NOR is incorrect.
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On it.
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Thank you so much and apologies for the delay in response. The letter was dated 15th July and states 28 days for appeal.
In terms of the appeal is it two pronged now as I understood your message to be somewhat different from the original grounds?
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In my view the PCN is missing mandatory information.
I make this collateral challenge against the validity of the PCN as it does not state mandatory information provided at 4(8)(v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
which in turn refers to 4(8)(iii). Therefore, the PCN is not clear in terms of when to pay.
If I represent you, I will file the skeleton argument on time. It is irrelevant whether, therefore, this has been raised before as long as it is adduced in time before the hearing.
*****
The NOR correctly states the date in which to make an appeal. What is its date please?
The TMA header is wrong. Therefore, one can argue they have not considered properly.
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So what would you recommend the write-up be in terms of appeal?
In defence of my appeal, I did reference a case which was fought based solely on jurisdiction, so perhaps the judge may be understanding with me given I'm not a legal person and I assumed reading of the case would clarify that.
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In that case, it's unclear whether GLA authority had been obtained, only that it was not in evidence. Also whether this point had been raised in formal reps or added after the appeal was registered.
From what I've read recently, adjudicators are taking a harder line now, especially with appellants' representatives and introducing new lines of argument post-NOR which are unrelated to the NOR.
But if formal reps was simply a necessary step before arguing the point in detail at a hearing, so be it.
Anyway:
The NOR does not inform you correctly of your legal rights of appeal, specifically:
You have a legal right to have a valid(as to format) appeal registered if made no later than the end of the period of 28 days beginning on the NOR's deemed date of service.
The NOR states 28 days from.
The adjudicator at their sole discretion may register an appeal made late.
The NOR mentions this inaccurately and without its proper context under 'if you do not pay or appeal..'. The only reference to the adjudicator accepting an appeal late occurs in the clear context of a CC having been issued. What utter tosh. A CC being served has nothing to do with late appeals, let alone being a trigger.
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I have attached the full response. The reason for me not writing any more is because I read on one of the posts that it would be rejected anyhow and that this was tribunal would be inevitable.
The rest if the write-up appears to be standard template but will attach anyhow.
[attachment deleted by admin]
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Here's the case I was referring to:
[attachment deleted by admin]
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Edit....
By relying upon this decision your argument is that GLA approval is required in order that the council may impose, let alone enforce, this prohibition.
With their response they've not dealt with this issue, but by the same token you did not explain your grounds to any extent 'the PCN ..addresses the same issue'.
You did not assert that the council did not have GLA permission, simply that it was required. Perhaps there are reasons for this.
Anyway, can we pl see their rejection letter in full, minus your personal details.
Do you intend to appeal to the adjudicator?
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I tried 2230545486 on the ETA website but doesn't bring up any result.
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As requested, please find attached.
[attachment deleted by admin]
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Your reps and their rejection please.
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Appeal was rejected - so tribunal or pay.
Are we able to contact the people who successfully won at tribunal for assistance?
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Cheers mate - I'll have a look. What would be the next step thereafter?
First step is to submit representations why the PCN should be cancelled, (or py it), then, if reps are rejected, you ca register an appeal at London Tribunals. The discount option is lost if you take them to LT
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Cheers mate - I'll have a look. What would be the next step thereafter?
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Oh dear, not this location again ! We've seen this a few times over the years. I think there was a successful appeal here at London Tribunals, so have a search on their Statutory Register using the location on the PCN. You might have to go back a few years.
As you can see from the GSV view the signs are pretty clear.
https://maps.app.goo.gl/Yu23ihubwWTQU2Fs8
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Thank you for the swift response and the
link to a thread I had not read!
I came across this:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barnet-pcn-for-illegal-left-turn/msg36339/?topicseen#msg36339
and others like it and am tempted to use @Hippocrates short and concise response as my representation. The particulars are identical but I shall locate and share the requested details anyhow.
In terms of your questions the car is not leased and the address is correct.
Cheers!
[attachment deleted by admin]
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You and the missus know everything anout this - we don't.
For meaningful advice, please to have a read of
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/
and post up here
a brief account of all the circumstances ,
all sides of the first PCN and the 1st side of subsquent PCNs) (redact only yr name & address - leave all else in),
any Council photos (inc. any videos),
and
a GSV link to the location.
Is the car yours or leased? If you are the registered keeper, is the name & address correct in every particular?
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Hi guys,
Sorry for the late notice but been abroad til today.
Turns out the Mrs did this left turn twice whilst I was away and one of which the discount period ends today.
You guys (much like the people on MSE) are absolute legends and I would love to see if you could assist me in both my representation and then the corresponding appeals.
Shall I bother explaining the GLA argument in my representation or just write it did not occur to maintain the discount prior to appeal?
Much appreciated in advance,
Cheers!