Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Roberts on November 21, 2025, 08:16:35 am
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That clause may be there so authorities can collect debts owing by persistent evaders as you can't get an impounded car without identity checks. I think the London 2008 act allows persistent evader vehicles to be impounded even when not in contravention.
Anyway, we need to see the documents for this case.
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(b)such unpaid earlier penalty charges relating to the vehicle as may be prescribed, and
Indeed, but a PCN surely only becomes unpaid when the period for its payment or for the submission of representations against it has expired. In addition, for a Reg 9 PCN, it is only when the period for payment/reps for a Notice to Owner has expired
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Please see https://lbbspending.blogspot.com/2022/12/lots-wrong-at-kensington-chelsea-car.html not my case, one of CP8759's
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@mrmustard, I would suggest that the Act states otherwise:
101A Right of owner to recover vehicle or proceeds of sale
(1)If before a vehicle is disposed of by an authority under section 101 above it is claimed by a person who—
(a)satisfies the authority that he is its owner, and
(b)pays the relevant charges,
the authority shall permit him to remove the vehicle from their custody within such period as they may specify or, in the case of an authority other than a local authority, as may be prescribed.
(3)In the case of a vehicle found in an area that is a civil enforcement area for parking contraventions, the relevant charges are—
(a)any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed,
(b)such unpaid earlier penalty charges relating to the vehicle as may be prescribed, and
(c)such sums in respect of the removal and storage of the vehicle—
(i)as the authority may require in accordance with Schedule 9 of the Traffic Management Act 2004, or
(ii)in the case of an authority other than a local authority, as may be prescribed.
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I diagree with HCA. You can only be made to pay the PCN which is the subject of the removal to the pound as any other PCN may not have come to the end of the enforcement process and your right to make representations has clearly not yet expired. Please put the entire front page up for us to see. We probably don't need a new thread as I think the 2 PCns will be related.
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OP, your car was towed because it was in contravention and according to the council fell within the scope of its policy for removing vehicles in these circumstances. As we understand it, the contravention was being parked without displaying a valid permit or displaying an invalid permit. We'll know when we see the PCNs.
As regards 'Another PCN was still in the windscreen soaking wet and still need to be paid.', IMO no. The authority may not recover further charges after the event, they should have recovered these while you were at the pound:
In the case of a vehicle found in an area that is a civil enforcement area for parking contraventions, the relevant charges are—
(a)any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed,
(b)such unpaid earlier penalty charges relating to the vehicle as may be prescribed, and
(c)such sums in respect of the removal and storage of the vehicle—
(i)as the authority may require in accordance with Schedule 9 of the Traffic Management Act 2004
Which PCN was paid, the earlier or the later(in terms of their dates of contravention)?
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It seems that I cannot upload photos.
Please 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 (use
ibb.co (https://imgbb.com/) or https://imgpile.com/
for posting images.
Wherever possible, use the BBCode.)
all sides of the unredacted PCNs,
A GSV link to the location,
and any council photos/video
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It seems that I cannot upload photos.
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(https://ibb.co/G37vWp1N)
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(https://ibb.co/KC41jjd)
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(https://www.dropbox.com/scl/fi/rgfjhj6kt8jnp425ghblk/Photo-21-11-2025-20-03-39.jpg?rlkey=y6eemzw4cycdsq76cddxnfh6f&st=t7dp635b&dl=0)
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Here are the PCN and invoice from the car pound. Another PCN was still in the windscreen soaking wet and still need to be paid.
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Will do, thank you John.
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Pay the charges (would be wholly or partly refunded if your reps are wholly or partly successful), collect the car and make sure you park it legally.
You will be making reps on 2 grounds - 1) against the PCN (if thare are grounds) and 2) against the removal (if disproportionate), so then post up all sides of all paperwork received at the pound (only redact tr name & address), any council photos, and a GSV link to the location so we can see what grounds there may be to make reps.
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Hi all, I am about to collect my car fron Newham car pound and do not have the PCN number yet. I just want advice if I have a ground to apoeal because the system failed to auto renew my resident parking permit which it had for 10 months. I did not receive no reminder or advance warning that they will not auto renew my permit. I will post photos of any supporting documents once I have collected the car.