Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: NotAnotherRobbery on August 10, 2025, 10:16:31 am
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Thanks for this, I agree my case appears to be strong. Hopefully, if I ever get another unfair fine in the future, by then I'll be in a better position to fight it.
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I will be using it in the next couple of months. I can't answer the question. I know the Bikatov case. They have failed to consider it. That is a fairly strong ground. Up to you.
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Thanks for this and for responding so quickly. How likely do you think it is that this'll work? I said my PCN was identical to a previous post, but it's actually for increased amounts (£160 reduced to £80 or increased to £240). It'll be pretty detrimental for me to have to pay £160 (not to talk of £240), so if it's quite risky, I'd rather just pay the £80. Any thoughts welcomed, especially with this being a novel idea. Thanks.
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This is a novel idea:
The PCN
I make this collateral challenge against its validity:
The PCN is missing mandatory information as provided at Para. 4 (8 ) (v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;
Clearly, this refers to Para. 4 (8 ) (iii):
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £140 may be payable." adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods by the use of the word "or" which many would view as being conjunctive.
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I received a PCN identical to this (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/52m-bagleys-lane-london-borough-of-hammersmith-and-fulham-2234/).
Contravention: 52M – Failing to comply with a prohibition on certain types of vehicles (m) motor vehicles.
Place – Bagley Lane SEbnd nos 2A-12
I followed the advice given in the post above and received a rejection letter. Please find the PCN, challenge letter and rejection letters here (https://imgur.com/a/tfLpCkV#).
I'm currently away from home, so do not have the printed letter with me, but I believe all the information is in the screenshot I've provided of the PCN.
Please find the photos and video here (https://imgur.com/a/kKYFEZp).
Being my first time posting, I hope I haven't missed anything, but please do let me know if you require ay other information.
Any help would be greatly appreciated, thank you.