Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Imi7 on October 18, 2025, 10:26:40 am
-
So here's an update. Although I sent in representations before the deadline (27/10/25) , the Council incorrectly issued a charge certificate. I called them on 31/10/25 and they said it was human error and to ignore the charge notice - they would consider my representations and the PCN was held at the "NTO stage".
Despite them reconfirming that they would consider my representations, they then emailed a letter on 03/11/25 stating they cannot consider my representations as it was out of the allowed timescale.
https://drive.google.com/file/d/1SDZwf2MEhw5rqzGI6If79oISMa4xZbFl/view?usp=drivesdk
Another phone call to them later, they apologised and said this letter was also sent in error by a colleague, and my PCN was still hold at the NTO stage whilst my representations were being reviewed.
The Result - they rejected my representations. Please see below.
https://drive.google.com/file/d/1B7g3UfME57jWn4ItagDJz5kQQGYNSliu/view?usp=drivesdk
https://drive.google.com/file/d/1r_Ffa5g_yE1cwZ327AgG5wJ12ja2szDf/view?usp=drivesdk
https://drive.google.com/file/d/1dIni_WZ-LWDnO7-6vfniYUA8g2jJcGSg/view?usp=drivesdk
https://drive.google.com/file/d/19eZjRd1yWH-RFhj7ZU-EFqPrirHwqlOm/view?usp=drivesdk
Should I take this to Tribunal and what reasons could I give? Or just pay the fine and move on?
Thank you.
-
Thank you all.
Regarding NTO Date of Service, what should the letter have stated?
Nothing save for date of service.
-
Thank you all.
Regarding NTO Date of Service, what should the letter have stated?
I understand the fettered discretion point.
-
Procedural Impropriety.
1. NTO should not stipulate date of service.
2. Fettered discretion: they will send a Charge Certificate.
-
My view is that the contravention that covers this is not displaying a valid permit/ticket. Where nothing has been bought then the not paying contravention is correct.
I appreciate that adjudicators don't always see it my way.
In any case council also has a duty to act fairly and here suffered no loss.
-
The season ticket is payment. This was not displayed nor any other proof of payment therefore according to this Order a contravention occurred.
https://tro.trafficpenaltytribunal.gov.uk/TRO/Maidstone/MD14.pdf
-
The contravention is not paying the parking charge.
Presumably the car was under cover by the permit so the contravention did not occur.
-
Duly noted, however unfortunately I'm away and won't be able to get these pics until later this week.
In the meantime, do I not have a case to argue that the pass was valid on the day of the PCN, albeit it was not displayed. Or is my only viable argument going to be based on the pass not being fit for purpose?
Thank you.
-
OP, let's be clear and candid.
Permits have to be fit for purpose, so pl post a photo of yours back and front.
If you stuck this to the windscreen properly as directed and if because of its age or whatever the adhesive failed then this can be argued.
-
I'm reminded of In the Heat of the Night where Virgil Tibbs says:
Sam couldn't have driven two cars!
Duty to consider fairly perhaps.
-
I tend to use it mainly on LL61JZG, with very occasional use on the 2nd car (prob 1-2 times a month at most). In the second car I place it into a disabled badge holder and place it onto the dash. However, in the usual Lexus I tend to stick it on the windscreen....the surrounds of the permit have a plastic surround that allows the pass to stick to the windscreen.
After the PCN, I now place the pass in a second holder and place the pass on the dashboard.
-
Thanks. Just checking that they didn't send the NTO within the extended discount period offered in their rejection.
So, what's left as at present your argument goes to mitigation only..unless:
Unfortunately it fell off the windscreen ...l
Pl elaborate. If you have more than one car on your season ticket then you cannot stick it on the windscreen surely, the repeated on then off must have an effect.
-
Hi. Their letter rejecting my appeal was dated 01/09/25.
The notice to Owner was dated 27/09/25, effective from 30/09/25 as they have given me 28 days to put in representations.
Thank you
-
The date of their letter pl.
-
Unfortunately I no longer have the original PCN so cannot show a copy of the back of it.
My representations were that I had a valid parking. Permit at the time of the PCN, and attached a copy as below:-
https://drive.google.com/file/d/1arGaBbwhUsZ0mf6zjlEjsY8-6FReKS-l/view?usp=drivesdk
Their rejection letter dated 010925
https://drive.google.com/file/d/18nfMtlbxRuxzd7FMe693c8ERIxP8DuX3/view?usp=drivesdk
-
The back of the PCN, your initial reps and their rejection pl.
-
I hold a valid parking permit for this car park, issued by Maidstone BC (MBC). The permit covers this car and my other car.
Unfortunately it fell off the windscreen and was not visible at time of incident, hence a PCN was issued.
I appealed and subsequently called MBC and explained the above, but they refused on the grounds that as there are 2 cars registered on the permit, it could have been used on the other car. I tried to explain that only I drive both cars so this would be impossible, but they advised I had to wait for the Notice to Owner to arrive and make representations. They said that if they could see some of the permit in the car they may have accepted my initial appeal.
I would be grateful on any advice on how best to fill in these representations and which box to check as to the reason I am appealing against.
Thank you.
Links below to Original PCN and subsequent Notice to Owner letter.
Original PCN
https://drive.google.com/file/d/1pGIUJURMoOPu985pcZnhVmP-03u0KgM-/view?usp=drivesdk
Notice to Owner
https://drive.google.com/file/d/1tkdK6NiVbe9GROjOF7t62X-u3FIXjCQ4/view?usp=drivesdk
https://drive.google.com/file/d/1ubZ4M5105joSZuadBEuWv38cHrZlOnbW/view?usp=drivesdk
https://drive.google.com/file/d/172GMUwMKxnbRpNjIk-yyc9uU8IMv7fj4/view?usp=drivesdk
https://drive.google.com/file/d/1OCVUQ8dTYVOdjvGBrtdTWxCrLhKG54-1/view?usp=drivesdk
https://drive.google.com/file/d/194hw1LH5OKy2Q4PAth7W9Eue8NI40uDv/view?usp=drivesdk