Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: challenge_cheaters on July 28, 2025, 10:12:54 am
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Couple of same adjudications from Redbridge not encouraging but they are both for the same school pedestrian zone by the same adjudicator.
Here's one.
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Case reference 2250447038
Appellant xxxxxx
Authority London Borough of Redbridge
VRM FE65JUJ
PCN Details
PCN AF20525756
Contravention date 22 Jul 2025
Contravention time 15:14:00
Contravention location Cleveland Road
Penalty amount GBP 160.00
Contravention Fail comply restriction vehicles entering ped zone
Referral date -
Decision Date 08 Jan 2026
Adjudicator Chez Cotton
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons Introduction
1. The Appellant challenges a Penalty Charge Notice (PCN) issued for failing to comply with a restriction on vehicles entering a pedestrian zone (Code 53).
2. This a postal appeal.
The Appellant’s case
3. The Appellant’s case is set out as, ‘My vehicle entered the temporary pedestrian zone on Cleveland Road at 15:14 on 22nd July 2025. The restriction applies during school hours on school days and the nearest school in that area is Cleveland Primary School which broke up for the summer holidays at 1:30 PM on the same day (as stated in their newsletter). Therefore, by 15:14, the school was closed, and the restriction was no longer in effect. Given that the contravention occurred outside of term time, I respectfully request that this penalty charge be cancelled.’
4. A copy of the relevant newsletter has been provided.
Enforcement Authority’s Case
5. The Enforcement Authority (EA) rely on footage to show the contravention occurred. A plan and photographs of the signage has been provided. The EA says this shows the restriction is signed and clear, and, further, enforceable under a valid Traffic Management Order (TMO), a copy of which is provided.
6. The EA has considered the Appellant's representations. The EA state, ‘Whilst the school closed early at 13:30 on 22 )uly 2025. The restriction under Code 53-J is based on published and legally enforceable time periods, not on the operational status of the school on any given day. The signage clearly indicates the restricted hours, and enforcement is valid during those times regardless of whether pupils are present. The contravention is based on failing to comply with a traffic sign, not the presence of children.’
7. The EA has provided a screenshot of the Redbridge Council website showing Summer Term dates are, ‘Tuesday 22 April 2025 to Tuesday 22 July 2025.’
8. The EA does not wish to exercise their discretion.
9. The EA maintain the PCN was correctly issued.
Findings and Conclusion
10. I have considered the evidence of both parties carefully.
11. Based on the footage provided, and additional evidential materials from the EA, I am satisfied the Appellant’s vehicle was in the relevant location, at the relevant time. I am satisfied that the signage complies with the relevant regulations and is adequately clear to inform a motorist. I am therefore satisfied that the contravention occurred and that it is enforceable by way of a valid Traffic Management Order, which I have seen.
12. I accept the EA evidence that the Summer Term is Tuesday 22 April to Tuesday 22 July 2025. I accept the school in the relevant location may have closed earlier on the 22 July 2025. However, I accept the EA evidence that this is a discrete ‘operational’ decision of the relevant school. On balance, I find this does not mean the stated term time has changed. It follows that I find, on balance, the restriction was in force at the relevant time.
13. The circumstances set out by the Appellant amount to mitigation, which no adjudicator is allowed to consider. This was confirmed in the case of Walmsley v TfL and others [2005] EWCA Civ 1540. It is an established principle that adjudicators in these cases do not have a discretion, nor can they direct an Enforcing Authority to exercise its discretion to consider mitigating circumstances.
14. For these reasons I find a contravention occurred and the PCN has been validly issued.
Decision
15. The appeal is refused.
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Is the NTO in your name?
I would be more direct.
The contravention did not occur as the restriction only applies during time time, and term had finished earlier that day as the school confirms.
The evidence for this is...
Yes, in my name. Thanks for the advice. I'll give that a go.
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Is the NTO in your name?
I would be more direct.
The contravention did not occur as the restriction only applies during time time, and term had finished earlier that day as the school confirms.
The evidence for this is...
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Hi All, thanks for your help thus far. Finally received the NTO. I believe the 28-day deadline would end 15 Jan 2026. Please can you help. Here is my proposed challenge (which I used for the appeal previously - originally using links and not attachments, but now including attachments):
To Whom It May Concern
The driver believed the no stopping sign with specified times applied only
during term time. Their sons finished school early that day, see attached proof. Based on the fact the term had ended, enforcement could not apply according to the order.
Although term time isn’t stated on the sign, it’s illogical to enforce such specific
Times year-round when school isn’t in session. Research revealed the Harrow
(Prohibition of Stopping Outside Schools) (Amendment No. 1) Traffic Order 1998,
which confirms the restriction applies during term time only (see attached).
The sign contradicts the order by implying year-round enforcement. Therefore,
The PCN should be cancelled.
If not, please provide the Traffic Management Order that supersedes the 1998 one
and explicitly authorises all-year restrictions, rather than relying on misleading
signage..
(https://i.postimg.cc/56bJZ46J/image-(1).jpg) (https://postimg.cc/56bJZ46J)
(https://i.postimg.cc/HVdmfYVH/image-(2).jpg) (https://postimg.cc/HVdmfYVH)
(https://i.postimg.cc/N5BtWs5Q/image-(3).jpg) (https://postimg.cc/N5BtWs5Q)
(https://i.postimg.cc/nCpx6FCb/image-(4).jpg) (https://postimg.cc/nCpx6FCb)
(https://i.postimg.cc/ykxDwyJB/term-dates-2024-25.png) (https://postimg.cc/ykxDwyJB)
(https://i.postimg.cc/xcXdsj7R/Road-Traffic-Acts-The-Gazette.png) (https://postimg.cc/xcXdsj7R)
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Yes I saw your challenge but you posted a link, which is not a good idea.
The next stage is a notice to owner, which is posted to the registered keeper, which is why you need to find out what the keeper will do when it gets it.
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What have you done regarding the lease company? Do you even know what their practice is on receipt of a NTO?
The ticket was left on the car - so there was no opportunity for them to contact the Lease company. I just appealed directly on the website.
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You didn't post a draft - you should have copied the school's term info and then said as the term had ended enforcement could not apply according to their order.
All you have is a template rejection.
You can write to them now spelling this out to try and head off the NTO or paying.
Sorry, I should of explained. I posted the school terms info with proof that it closed early that day.
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What have you done regarding the lease company? Do you even know what their practice is on receipt of a NTO?
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You didn't post a draft - you should have copied the school's term info and then said as the term had ended enforcement could not apply according to their order.
All you have is a template rejection.
You can write to them now spelling this out to try and head off the NTO or paying.
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Sadly, Harrow rejected the appeal I wrote: (https://i.postimg.cc/Z0f8SSpX/20250801-appeal-to-harrow-just-text-at-22-34-39.png) (https://postimg.cc/Z0f8SSpX)
Here's their response: (https://i.postimg.cc/N2y5tWww/20250912-rejection-from-harrow-council.jpg) (https://postimg.cc/N2y5tWww)
The 14-day discount period will end Friday 26 September.
Please can you help.
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This is likely to simplify matters UNLESS the lease company pays the penalty and recharges you.
As mentioned previously, if you can you need to get them to transfer liability so that you could deal with this in your own name.
If you write to them, use the term 'transfer liability', do NOT specify or suggest how.
The rationale is that they would likely use the 'we are a hire company blah blah..' grounds, but these are not lawful grounds and this would be the basis of any reps and subsequent appeal by you. A lease is NOT a 'hiring agreement'.
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Is it 'hired' or is it 'leased'?
Unfortunately, the issue is fundamental, not incidental, because, as already stated, should your informal reps be rejected and the matter progress to a NTO this would be sent to the hire/lease company and then you're in their hands.
So, let's get the best informal reps as we can compiled.
Actually, it's a lease.
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Is it 'hired' or is it 'leased'?
Unfortunately, the issue is fundamental, not incidental, because, as already stated, should your informal reps be rejected and the matter progress to a NTO this would be sent to the hire/lease company and then you're in their hands.
So, let's get the best informal reps as we can compiled.
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Amazing research! Thank you all. When you say OP, are you referring to me? Additionally, the car is a hire vehicle. Let me know if that changes anything?
OP = Original Poster
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If they reject the informal challenge and you want to continue the NTO will go the hire company.
What is their policy for handling PCNs? They also often charge fees.
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Amazing research! Thank you all. When you say OP, are you referring to me? Additionally, the car is a hire vehicle. Let me know if that changes anything?
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As I read it ..
'Schedule
Vehicles not to stop on School Markings when the Sign [which provides for a prohibition 'during school term times'] is displayed Mondays to Fridays between 8.30 a.m. and 9.30 a.m. and between 3 p.m. and 4.30 p.m.'
Anyway OP, I suggest you draw up a draft and post here.
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Good find and this changes some matters i.e. the timings.
But it doesn't address the issue of 'during school term times'.
How do we find out if this simply amends the 1998 Order, in which case 'during school term times' could well still be current, or whether this or a previous amendment changed matters to 365 days?
You tell me. In any case Harrow can be asked if it enforces in holidays.
I think the general effect is in effect and the subsequent order just amends the operational schedule which doesn't specify term times:
2. The general effect of the (Prohibiton of Stopping Outside Schools) (Amendment) Order will be to amend The Harrow (Prohibition of Stopping Outside Schools) Traffic Order 1997, so that in the length of street specified in the Schedule to this notice between 8.30 a.m. to 9.30 a.m. and 3 p.m. to 4.30 p.m. Mondays to Fridays during school term times would be prohibited.
Schedule
Vehicles not to stop on School Markings when the Sign is displayed Mondays to Fridays between 8.30 a.m. and 9.30 a.m. and between 3 p.m. and 4.30 p.m.
There are 14 possibly relevant notices I think - have a look.
https://www.thegazette.co.uk/all-notices/notice?text=west+end+lane+school+harrow&categorycode=G108000000¬icetypes=&location-postcode-1=&location-distance-1=1&location-local-authority-1=The+London+Borough+of+Harrow%253AHarrow&numberOfLocationSearches=1&start-publish-date=&end-publish-date=&edition=&london-issue=&edinburgh-issue=&belfast-issue=&sort-by=latest-date&results-page-size=10&results-page=1
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Good find and this changes some matters i.e. the timings.
But it doesn't address the issue of 'during school term times'.
How do we find out if this simply amends the 1998 Order, in which case 'during school term times' could well still be current, or whether this or a previous amendment changed matters to 365 days?
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The ending of the school term at lunchtime on that day needs to be cited as per:
https://primarysite-prod-sorted.s3.amazonaws.com/westlodgeprimary/UploadedDocument/28ffa605-b396-4bb0-91f9-16c2e5f375d6/term-dates-2024-25.pdf
Here's the amendment order changing the hours of operation.
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Road Traffic Acts
London Borough of Harrow
WEST LODGE SCHOOL KEEP CLEAR STOPPING PROHIBITIONS – CHANGE OF OPERATIONAL HOURS
THE HARROW (PROHIBITION OF STOPPING OUTSIDE SCHOOLS) (AMENDMENT NO. 5) TRAFFIC ORDER 2019
1. NOTICE IS HEREBY GIVEN that the Council of the London Borough of Harrow has made the above mentioned order under Section 6, 7, 124 and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984 as amended by the Local Government Act 1985 and all other enabling powers.
2. The Harrow (Prohibition of Stopping Outside Schools) (Amendment No. 5) Traffic Order 2019 changes the existing hours of operation of the existing school stopping prohibitions in West End Lane and Northfield Avenue. The new hours are 7.45am to 9.30am and 3pm to 5pm Monday to Friday.
3. A copy of the order, which will come into operation on 21st October 2019, including documents giving more particulars of the order, are available for inspection at request between 9am and 5pm, Mondays to Fridays at the One Stop Shop at the Civic Centre, until 6 weeks from the date on which the order was made.
4. If any person wishes to question the validity of the order or its provisions on the grounds that they are not within the powers conferred by the Road Traffic Regulation Act 1984, or that any requirement of the Act or of any instrument made under the Act has not been complied with, that person may, within six weeks of the date on which the order is made, apply for the purpose to the High Court. A copy of this notice may be viewed at www.harrow.gov.uk/trafficorders
Dated 17th October 2019
David Eaglesham
Head of Traffic, Highways and Asset Management
Community Directorate, PO Box 39, Civic Centre, Station Road, Harrow, HA1 2XA
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OP, IMO you have your challenge.
I would suggest something along the lines of:
I parked as I thought that logically a 'no stopping on school entrance' sign with such specific times would apply only in term time. I accept that this doesn't appear on the sign, but it is improbable that any other activities which might take place during the holidays would do so such that these only occurred on Mon-Fri and that there was any purpose served by the very specific times. Having received the PCN I took the opportunity to research the matter and discovered a reference to the following order in the London Gazette:
The Harrow (Prohibition of Stopping Outside Schools) (Amendment No. 1) Traffic Order 1998 (The Harrow (Waiting and Loading Restriction) (Amendment No. 103) Traffic Order 1998
https://www.thegazette.co.uk/notice/L-55152-493
The notice states that the school prohibition would apply during term time only and then oddly refers to traffic signage(which isn't a function of a TMO) which is at odds with this prohibition i.e. 'Schedule: Vehicles not to stop on School Markings when the Sign is displayed Mondays to Fridays between 8.30 a.m. and 9.30 a.m. and between 3 p.m. and 4.30 p.m
I believe that the sign in evidence in my case is incorrect and that the prohibition applies during term time only. Consequently, the PCN must be cancelled.
Should the authority not cancel the PCN then its rejection must include whatever TMO which supersedes the 1998 order and which creates the all-year prohibition and not simply rely upon the sign which, as my evidence shows, is incorrect.
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I said that what I found may not be current. It's a start not a finish.
But if the current one specifies term times it amounts to the same thing.
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But surely the sign completely fails to reflect the TMO which says the restriction applies only during term time, as well as not reflecting the restricted times in the TMO.
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...except that the times on the sign are:
Mon-Fri 7.45-9.30am
3-5pm.
And not the times in the posted order which are: 8.30-9.30am; 3-4.30pm.
So:
Wrong order;
Right order but wrong sign;
Not quite the get out of jail card as imagined.
What's the truth, who knows?
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So, as the story said - "and with one bound, Jack was free" !
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OK, so looking at this in detail...
A traffic order I can find - which may not be current - says the restriction only applies in term time.
Assuming this is West Lodge Primary School, its website gives end times for children for the term before the afternoon restriction time on 18 July.
(https://i.imgur.com/iw3VeIR.png)
LONDON BOROUGH OF HARROW
The Harrow (Prohibition of Stopping Outside Schools) (Amendment No. 1) Traffic Order 1998 (The Harrow (Waiting and Loading Restriction) (Amendment No. 103) Traffic Order 1998
Notice is hereby given that the Council of the London Borough of Harrow, on 8th June 1998, made the above mentioned Orders under sections 6, 124 and Part IV of Schedule 9 to the Road Traffic Regulation Act 1984, as amended by the Local Government Act 1985 and all other enabling powers.
2. The general effect of the (Prohibiton of Stopping Outside Schools) (Amendment) Order will be to amend The Harrow (Prohibition of Stopping Outside Schools) Traffic Order 1997, so that in the length of street specified in the Schedule to this notice between 8.30 a.m. to 9.30 a.m. and 3 p.m. to 4.30 p.m. Mondays to Fridays during school term times would be prohibited.
3. The general effect of the (Waiting and Loading Restriction) (Amendment) Order will be to amend The Harrow (Waiting and Loading Restriction) Traffic Order 1978, so that the waiting restrictions in the section of West End Lane listed in the Schedule to this notice would be the same as the restrictions for the (Prohibition of Stopping Outside Schools) Traffic Order rather than the Pinner Controlled Parking Zone time of Monday to Friday 11 a.m. to 12 noon.
4. The prohibitions referred to in paragraph 2 and 3 above in respect of anything done at the direction of a police constable in uniform or with the permission of a parking attendant and the carrying out of statutory powers or duties. However the restrictions listed in paragraph 2 would not allow the picking up or setting down of passengers and “Orange Badge” holders would NOT be exempt.
5. Copies of the Orders, which will come into operation on 15th June 1998, The Harrow (Prohibition of Stopping Outside Schools) Traffic Order 1997 and of the Harrow (Waiting and Loading Restriction) Order 1978 (and of the Orders which have previously amended that Order) and documents giving more particulars of the Order are available for inspection during normal office hours on Mondays to Fridays inclusive until the end of 6 weeks from the date on which the Order was made in Third Floor Reception, Department of Environmental Services, Civic Centre, Station Road, Harrow.
6. If any person wishes to question the validity of the Orders or of their provisions on the grounds that they are not within the powers conferred by the Road Traffic Regulation Act 1984, or that any requirement of the Act or of any Instrument made under the Act has not been complied with, that person may, within 6 weeks of the date on which the Orders were made, apply for the purpose to the High Court. S. J. Swain, Transportation Manager, Environment, Planning and Transportation. Department of Environmental Services, PO Box 37, Civic Centre, Station Road, Harrow HA1 2UY.
Schedule
Vehicles not to stop on School Markings when the Sign is displayed Mondays to Fridays between 8.30 a.m. and 9.30 a.m. and between 3 p.m. and 4.30 p.m.
School
West Lodge School, Pinner
Road
West End Lane, between a point 8.60 metres south of a point opposite the southernmost wall of No. 77 West End Lane and a point 3.60 metres south of a point opposite the southern boundary of Pinner Memorial Park.
11th June 1998.
https://www.thegazette.co.uk/notice/L-55152-493
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I'm afraid that on the face of it and like it or not the car was parked in contravention of the prohibition.
It does not lie with a driver to interpret a sign, in this case that it doesn't apply during school holidays.
You do not have a statutory defence IMO, but a strong argument for the authority to exercise discretion. But set the tone of any challenge correctly i.e. contrition not verbal assault and denial.
Is the vehicle owned or leased/hired? If private are the keeper's DVLA details current?
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"I parked my car outside my son's school to help with offloading, picking up for his last day. School finished early"
Sorry but this makes no sense - if it had finished what were you doing there?
Unusually for these it's a windscreen PCN which may suggest they were trying to catch people out but out of what - a false sense of security on just a shorter schoolday?
(https://i.ibb.co/spvYwJ5q/h1.jpg)
(https://i.ibb.co/pHh8PNT/h2.jpg)
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You have redacted the PCN and VRM details.
The PCN details are shown in the image. Here it is again (in case you can't see it): IY00136465
Sorry, I didn't show the VRM (wasn't too sure what to show). It's LL24 GYO.
Thanks
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You have redacted the PCN and VRM details.
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Hoping you can help. I parked my car outside my son's school to help with offloading, picking up for his last day. School finished early so I thought the parking hours weren't applicable.
(https://i.postimg.cc/5YnsdKsP/IMG-3066.jpg) (https://postimg.cc/5YnsdKsP)
(https://i.postimg.cc/BLqmzfBL/IMG-3141.jpg) (https://postimg.cc/BLqmzfBL)
(https://i.postimg.cc/CZpPjqZ4/Screenshot-2025-07-28-at-10-02-58.png) (https://postimg.cc/CZpPjqZ4)
(https://i.postimg.cc/KRng132b/IMG-3136.jpg) (https://postimg.cc/KRng132b)