Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Raja Anwar on August 18, 2025, 03:24:56 pm
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I say Tribunal time. See what others think.
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Hello everyone,
please see the copy of my reps to council below as requested :
Submission Date/Time: 22/08/2025 11:50:41
Reference: MT01544199
Submission Reference: 10838528
Notes:
1.The video does not support the alleged contravention because it does not show any signage allegedly passed 2.I make this collateral challenge against the validity of the PCN as it 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)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice statement lack 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 using the word "or" which many would view as being conjunctive. even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information .So, it follows that it cannot possibly be interpreted disjunctively
Uploaded Evidence:
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The Notice of Rejection tells you the next steps.
Please show us a copy of your reps to the Council.
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I meant that my appeal is rejected . Does that mean we can't challenge anymore and I have to pay now , right ?
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Tribunal is for the full amount. I am rather busy to advise at present. But, please state what you wrote.
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Dear Legal advisors,
Thanks you for your support in appealing the above Penalty. I have received the reply from the Merton council as under with notice of rejection of appeal. Just to remind you appeal was sent on 19/08/2025 for the Penalty date 30/07/2025.
Does that mean we can't challenge anymore and have to pay the Penalty ?
""
Parking Services
London Borough of Merton
Merton Civic Centre
London Road
Morden SM4 5DX
Date: 24 September 2025
Dear
,
NOTICE OF REJECTION
Penalty Charge Notice: MT01544199
Environment and Traffic Adjudicator Verification Code: 76I519
Contravention Date: 30/07/2025 at 14:20 Vehicle Registration: YK65SWO
Location: MTC - QUEENS ROAD JW THE BROADWAY
Thank you for writing to us.
We sent you a PCN because our camera evidence shows your vehicle disobeying a sign
and using a route that was only for buses, cycles and taxis. The sign is blue and round, with
a white picture of the vehicles allowed. In this instance, you are required to use the right
hand lane, and turn left at the top, as indicated by the road markings and signs.
I have investigated the circumstances raised in your correspondence and have made the
decision to not cancel your notice. The reasons for my decision are set out below, along with
the options available to you at this stage.
You have stated that the video does not support the alleged contravention because it does
not show any signage allegedly passed. I must advise that this does not change the fact that
your vehicle was in contravention when the PCN was issued to the vehicle. There is clear
and adequate signage at the location for drivers to adhere to which meets the statutory
requirements. The onus remains firmly on the motorist to observe and interpret the relevant
signage whilst driving and ensure compliance with the restrictions in place. I have reviewed
the camera evidence available to me (still images and video footage) and can confirm the
above vehicle failed to comply with signage in place and the vehicle drove through the
restriction.
Prior to entering Queen’s Road from Wimbledon Broadway you will have passed a sign
indicating that there is no through road except for buses or bicycles. Once you have entered
Queen’s Road it is compulsory to enter the car park and come back out. This compulsory
turn is indicated by the blue sign with the white arrow and also in white paint on the
tarmac. Taxis, cycles and buses are permitted to travel straight ahead at the traffic lights
however they MUST be in the left hand lane and you were supposed to be in right hand
lane. Therefore, the contravention occurred and the PCN has been issued correctly.
I have noted your comments where you have mentioned 28 days to pay the PCN. In this
instance, If the penalty charge is paid before the end of the period of 14 days beginning with
the date of this notice the amount of the penalty charge will be reduced by 50% to £80.00 as
the PCN is £160.00. If the you do not 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 £240.00 may be payable. The charge Certificate will be sent asking for
increased amount as the case will progress. ""
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Many thanks
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I see my link has expired. Make a representation link, name address etc, then the page as per my grounds listed above. I have done it anyway.
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Also what do you mean by representation page?
I am attaching these below , thats what i see when enter PCN details in payment section, nothing more
Regards
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Sorry did I miss to answer any of your questions ?
I am the registered keeper and the driver at the time of convention
Any other question i haven't answer accidently please let me know
Thank you
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Representation page:
https://parking.merton.gov.uk/PCNs/Ticket/MakeChallenge/1
You have not answered my question. But, here we go and, BEFORE you submit, screenshot the representation page with the wrong grounds as advised:
1. The video does not support the alleged contravention because it does not show any signage allegedly passed.
2. I make this collateral challenge against the validity of the PCN as it 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 £240 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 using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information. So, it follows that it cannot possibly be interpreted disjunctively.
In light of the above, I ask that the PCN be cancelled.
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Hello Good morning ,
Can you please draft me something to appeal as I believe its day 14th today and after that I have to pay full penalty 160£. If any further question please let me know . I appreciate your help
Waiting
Many thanks
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Hello ,
I have have earlier replied in the morning for you below queries. I don's understand why It wasn't delivered .
The original penalty is 160£ if paid within a month , if paid within 14 days its 80£. The date of notice is 07/08/2025 and this way its day 14 today. Penalty charge will be double to 320£ after a month.
I am the registered keeper of the car.
I went on the website but it doesn't ask me questions that you mentioned below on the payment section. It directly takes me to bank details after 2 pages . I have taken the screen shot and attached below if it helps
Many thanks
IT DOES NOT GIVE ME THESE OPTIONS IN PAYMENT SECTION
Representation Grounds*
Select all that apply, you have the opportunity to add additional information on the next screen.
Any other ground
I was not the owner of the vehicle
Procedural impropriety
The contravention did not occur
The order was invalid
The pcn has been paid
The penalty charge exceeded the amount
The vehicle was taken without my consent
We are a hire firm
Registered Keeper*
Are you the registered keeper of the vehicle? Please choose an option from the list below.
I am the registered keeper of this vehicle
I was the driver at the time of the contravention
I was not the registered keeper of this vehicle at the time of the contravention
I am not, and have never been, the registered keeper of this vehicle
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https://www.merton.gov.uk/streets-parking-transport/parking/pcn/moving-traffic
Link above re CCTV cameras.
This is a moving traffic contravention not a bus lane one.
I'll look at the video in a minute. And I have a novel technical argument re the PCN wording........
Question: when do you think they can increase the price? 28 days from the date of the Notice or from the date of service? When you answer this I will do my technical draft.
Meanwhile:
1. Please go their website as if to pay because it will have wrong grounds re the representation page. Please screenshot it and save.
Representation Grounds*
Select all that apply, you have the opportunity to add additional information on the next screen.
Any other ground
I was not the owner of the vehicle
Procedural impropriety
The contravention did not occur
The order was invalid
The pcn has been paid
The penalty charge exceeded the amount
The vehicle was taken without my consent
We are a hire firm
Registered Keeper*
Are you the registered keeper of the vehicle? Please choose an option from the list below.
I am the registered keeper of this vehicle
I was the driver at the time of the contravention
I was not the registered keeper of this vehicle at the time of the contravention
I am not, and have never been, the registered keeper of this vehicle
We are a Hire and Lease Company
2. The video does not support the alleged contravention because it does not show any signage allegedly passed.
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Thank you ever so much , please do
Appreciate your Help
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The PCN is surely void because the location is given as Queens Road/Jn with Broadway, which is a considerable distance away as far as I can make out. Wrong location is fatal to a postal PCN.
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Yes you can. I'll draft something ater
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PCN # MT01544199
REG # YK65SWO
It was really difficult to understand the road, no sign posted to direct unless i missed accidently
Can I APPEAL ?
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Please also post PCN number and Reg Mark. This will enable the experts here to view Merton's evidence.
EDIT
@Incandescent
Found it!
I think it may be far enough from The Broadway to void the PCN for wrong location?
But we need to see the video to pinpoint the location of the car at the time alleged. At 14:20:33 the vehicle is - where? The Council evidence has a comment about the location?
https://maps.app.goo.gl/zfJneRdJDtFzv7436
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Please tell us where this is by posting a GSV link. I can't seem to find anything looking like the photos you have posted on GSV !
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Can anyone help me out with this Penalty , images uploaded
I have received it the other day in Wimbledon when went to pick my friend from station, I never been there and was new to area
I took left turn to a small road where there was bus lane and got penalty . There were 2 lane on that small road, I was in the right lane which was supposed to be not bus lane but it was giving sign of only left turn and I wanted to go straight, hence I reverse my car as got confused and changed the lane to left, which was difficult to understand if it was bus lane as it goes straight and I wanted to go straight too. eventually got penalty of going in ? Bus lane
Any advice appreciated , I have attached PCN too