Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ILoveCats123 on December 12, 2025, 05:06:29 pm
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The issue is further compounded by the fact that the law does not even state that an informal challenge needs to be considered but nearly all councils in London do.
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I continued to dig around and things like this tend to be buried, but in the process for Bus Lane PCNs, it is stated that councils should normally respond to reps against an EN within three months.
I confess that there is no stricture against service of the EN itself.
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/bus-lane-pcn-enforcement-process#en
However, it is clear that delays in enforcement is an issue that has been around since the 90s. Would a London Tribunals adjudicator be happy if the EN was served a year later ? Surely not.
We can raise this later. Just got back from the visit to the local as too hot to go out during the day. Quite close to the infamous YBJ in Kingston Road. ;D
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I continued to dig around and things like this tend to be buried, but in the process for Bus Lane PCNs, it is stated that councils should normally respond to reps against an EN within three months.
I confess that there is no stricture against service of the EN itself.
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/bus-lane-pcn-enforcement-process#en
However, it is clear that delays in enforcement is an issue that has been around since the 90s. Would a London Tribunals adjudicator be happy if the EN was served a year later ? Surely not.
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The CHief Adjudicator has made it clear to councils that delays of over 3 months to do anything in the enforcement process is grounds for cancellation, unless very good reasons are submitted.
Where please?
I read about this somewhere some time ago, and was quite sure it is fact, but it is not in the Practice Directions, so can only assume it is in private correspondence from Mr Chan. I believe it is in an adjudication somewhere as a fairness issue.
Sorry cannot be more definite. Maybe Ivan knows more. However, there is a case in the Key Cases listing where delay is explored. This is under the old 1991 legislation. The case here is 1998 when it was PATAS
https://www.londontribunals.gov.uk/sites/default/files/keycases/Davis41.pdf
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Okay we’ll submit reps without mentioning the delay in serving the EN.
Once we can figure it out, we can deal with that part at LT. Sound good?
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The CHief Adjudicator has made it clear to councils that delays of over 3 months to do anything in the enforcement process is grounds for cancellation, unless very good reasons are submitted.
Where please?
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Well, if you do not wish to follow my advice, then count me out. The issue is a red herring. We are not talking about unconscionable delays re NORs. This is a completely different matter.
I will not put my name as a representative to a case in which I would be embarrassed.
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Even if, for argument’s sake, (wink) it isn’t relevant, then it’s not like the council can disregard our other arguments anyway. So I don’t see a harm.
I think we should include in the reps
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The CHief Adjudicator has made it clear to councils that delays of over 3 months to do anything in the enforcement process is grounds for cancellation, unless very good reasons are submitted.
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@Incandescent
Hippocrates suggest that the time frame in which the EN was sent bares no relevance. Although the legislation doesn’t specify a limit in which an EN must be sent, you said that anything more than 3 months is considered abuse of process by LT.
Do we have any example cases?
I can have a look but really need to submit reps against the EN today as running out of time.
You cannot complain about something which is irrelevant and does not exist.
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
The law is clear: THERE IS NO TIME LIMIT TO SERVE AN ENFORCEMENT NOTICE. if you want to spend time chasing a red herring, then please crack on as I do not have the time.
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@Incandescent
Hippocrates suggest that the time frame in which the EN was sent bares no relevance. Although the legislation doesn’t specify a limit in which an EN must be sent, you said that anything more than 3 months is considered abuse of process by LT.
Do we have any example cases?
I can have a look but really need to submit reps against the EN today as running out of time.
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I am here to submit reps whenever you are ready
Yes sir. I will PM you.
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I am here to submit reps whenever you are ready
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You can formally challenge your PCN by using an Enforcement Notice form. The vehicle's owner will automatically
receive the form if the PCN has not been paid within 28 days of the date shown on it. The form offers you the
chance to formally challenge your PCN or pay the full £160.00. If you decide to formally challenge your PCN,
please do not write to us again but wait until the Enforcement Notice form arrives.
This is not what the law states at Part II para. 4 (e):
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
(e)that, if the penalty charge is not paid before the end of the 28 day period, an enforcement notice may be served by the council on the person appearing to them to be the owner of the vehicle;
******
https://www.standard.co.uk/hp/front/bus-lane-driver-exposes-flaw-in-penalty-notices-6487620.html
BTW, it was his son driving not him! Mr Burke subsequently supported this in a later decision in which I assisted.
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2100649871
Appellant Grace Elizabeth Wheatland
Authority Royal Borough of Kingston Upon Thames
VRM X653XFX
PCN Details
PCN KT55276825
Contravention date 20 May 2010
Contravention time 08:49:00
Contravention location Eden Street
Penalty amount GBP 120.00
Contravention Being in a bus lane
Referral date -
Decision Date 12 May 2011
Adjudicator Michael Burke
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons The allegation in this case is that the vehicle was in the bus lane during the hours of operation. Miss Wheatland does not dispute this but criticises the quality of the bus lane signage. I have considered very carefully the criticisms she makes but having considered her evidence together with Google Street View I am satisfied that the bus lane signage was clear and adequate and that any respect in which it failed to comply with Traffic Signs, Regulations and General Directions 2002 or Traffic Signs Manual 2008 would come within the de minimis rule as too trifling to be regarded.
In the circumstances Miss Wheatland could have had no complaint had she been required to pay a penalty charge. However, I have also had to consider part of the wording on the face of the PCN.
Miss Wheatland asserts that the PCN is non-compliant in stating that in the event of failure to make representations or a payment 'an Enforcement Notice will be served' rather than 'may be served'. He refers to a PCN cancelled by this Local Authority on similar grounds.
It is an enduring mystery why Local Authorities seem unable simply to copy out the words of the statute or statutory instrument imposing formal requirements. It is not sufficient for the Local Authority to say as here that they have subsequently amended the wording. They have given no good reason for departing from the statutory wording in the first place. However, the fact that the Enforcement Authority depart from the formal wording of a statute or statutory instrument does not necessarily invalidate the document. The question I have to consider is whether the PCN was substantially compliant.
I regard this as a borderline case. Having considered the matter very carefully I do not feel able to say that the wording on the PCN is substantially compliant and accordingly I allow the appeal.
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5th August at 15.00 hrs there is a hearing if anyone wishes to observe.
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In days past, the learned adjudicator Hugh Cooper used to allow decisions re Notices to Owner which prescribed the date of service. This EN is clearly flawed: if it had said the date of the notice and something like "the date of service is usually assumed to be two working days according to The Interpretation Act", there would be no criticism. As it stands, however, it is arguable - rather, it will be argued - that this is akin to a procedural impropriety and the council will be faced with a lengthy document on the jurisdiction to entertain a collateral challenge in this very regard.
Fair enough. If only councils would actually read what a PCN must contain they would not have the dreadful reputations they have now
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In days past, the learned adjudicator Hugh Cooper used to allow decisions re Notices to Owner which prescribed the date of service. This EN is clearly flawed: if it had said the date of the notice and something like "the date of service is usually assumed to be two working days according to The Interpretation Act", there would be no criticism. As it stands, however, it is arguable - rather, it will be argued - that this is akin to a procedural impropriety and the council will be faced with a lengthy document on the jurisdiction to entertain a collateral challenge in this very regard.
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Hadn't intentionally redacted it. Just didn't post this part of the rejection.
(https://i.ibb.co/BVCShZtm/Screenshot-2026-07-14-233822.png) (https://ibb.co/ccr7WF1P)
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The date of service?
Which says 15/07/2026, which is impossible as you cannot have served something in the future.
I'm not sure that is unreasonable, if the EN is posted two days earlier which was yesterday, or maybe last Friday 10th July. I say this because Schedule 1 of the LLA Act 1996 says this regarding EN content: -
(2)An enforcement notice must state—
(a)the amount of the penalty charge payable;
(b)the grounds on which the council believe that a penalty charge is payable with respect to the vehicle;
(c)that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the enforcement notice is served;
(d)that failure to pay the penalty charge may lead to an increased charge being payable;
(e)the amount of that increased charge;
(f)that the person on whom the notice is served may be entitled to make representations under paragraph 2 below; and
(g)the effect of paragraph 6 below.
So really the "served on" date is an anticipated date based on postage times and therefore tells the recipient that the council will start counting the 28 days from that date. Of course the word "anticipated" isn't on the EN. so maybe it is wrong.
I did think this but I was just responding to Hippocrates as to what I thought could potentially be wrong
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You have agreed with my point! It should simply show the date of the notice.
Website:
There was no breach of the bus lane order / regulation
I was not the owner of the vehicle at the time the contravention occurred
The vehicle had been taken without the keepers consent (i.e. it was stolen)
The police are taking action for the same offence
I am a key worker
I wish to make representations about this PCN for other reasons
*********
Also, let's not be shy: please show the name of the officer who signed the rejection letter as they are public servants.
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The date of service?
Which says 15/07/2026, which is impossible as you cannot have served something in the future.
I'm not sure that is unreasonable, if the EN is posted two days earlier which was yesterday, or maybe last Friday 10th July. I say this because Schedule 1 of the LLA Act 1996 says this regarding EN content: -
(2)An enforcement notice must state—
(a)the amount of the penalty charge payable;
(b)the grounds on which the council believe that a penalty charge is payable with respect to the vehicle;
(c)that the penalty charge must be paid before the end of the period of 28 days beginning with the date on which the enforcement notice is served;
(d)that failure to pay the penalty charge may lead to an increased charge being payable;
(e)the amount of that increased charge;
(f)that the person on whom the notice is served may be entitled to make representations under paragraph 2 below; and
(g)the effect of paragraph 6 below.
So really the "served on" date is an anticipated date based on postage times and therefore tells the recipient that the council will start counting the 28 days from that date. Of course the word "anticipated" isn't on the EN. so maybe it is wrong.
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Exactly. Similar case:
https://drive.google.com/file/d/1O7kIQFdzDtEh2POT6Z6sbcuRmIg4jN-n/view
It truncates the period in which you can make representations. I will deal with this one please from here on. Also it prescribes the date of service which is wrong in law. Perhaps Dr Who wrote that document?
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The date of service?
Which says 15/07/2026, which is impossible as you cannot have served something in the future.
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Has anyone spotted what is wrong with the Enforcement Notice yet? I am staying silent. Clue: top right hand corner.
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I make it about 6 months from their rejection of your original reps, so this must surely be a very strong candidate for the PCN to be cancelled due to the unfairness of sending the EN over 6 months after the date of the rejection notice.
Something to go in any reps to London Tribunals, I think.
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(https://i.ibb.co/Q3xf106C/IMG-0811.jpg) (https://ibb.co/JwSKMZzy) (https://i.ibb.co/KcvkSJgX/IMG-0812.jpg) (https://ibb.co/xKT0dNbD) (https://i.ibb.co/HQHX4Sy/IMG-0813.jpg) (https://ibb.co/LfZvRFy) (https://i.ibb.co/5X42F5b2/IMG-0814.jpg) (https://ibb.co/1YQb69Fb)
Didn't think it would ever arrive. @Hippocrates
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Yeah. See above I posted when it randomly showed £160.
On mobile so copy paste will do for now
You have these choices:
You can pay the discount charge of £80.00 if your payment reaches us within 14 days of the date of this letter.
You can pay £160.00 within 28 days of the date shown on your PCN.
You can formally challenge your PCN by using an Enforcement Notice form. The vehicle's owner will automatically
receive the form if the PCN has not been paid within 28 days of the date shown on it. The form offers you the
chance to formally challenge your PCN or pay the full £160.00. If you decide to formally challenge your PCN,
please do not write to us again but wait until the Enforcement Notice form arrives.
How to pay:
Internet By credit or debit card at https://www.southwark.gov.uk/parking-streets-and-
transport/parking/parking-tickets/pay-your-parking-ticket Please have your Penalty Charge Notice number and
issue date, vehicle registration number and your credit/debit card details available.
Post By cheque or postal order only, payable to Southwark Parking Services. Please make sure you write the
Penalty Charge Notice number, vehicle registration number and your address on the back of the cheque or postal
order, and send it to: Southwark Parking Services, Admail 4197, London, SE1 1ZW
Do NOT send cash or make a credit card payment by post. Post-dated cheques will not be accepted.
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Shows £160 today. What does the letter of rejection say re payment?
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Must be stuck in the Strait of Hormuz.
Oil second that. At least, because of me, they are now issuing tickets under the right act:
https://www.ftla.uk/the-flame-pit/southwark-to-refund-recipients-of-bus-lane-pcns-issued-under-the-wrong-act!/msg86395/#msg86395
https://www.itv.com/news/london/2025-08-19/council-refunds-485000-for-wrongly-fining-drivers-in-the-bus-lane
Another council is next: Operation Imminent!
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Must be stuck in the Strait of Hormuz.
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EN will be the killer.
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@Hippocrates :)
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(https://i.ibb.co/WrcpGdM/Screenshot-2026-06-28-161710.png) (https://ibb.co/TQHqYn7)
This implies the Enforcement Notice would have been served?
Nothing received as of yet though, and yes logbook and all that is up to date.
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Wait for the EN as before.
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For reference.
PCN issued - 09/12/2025
PCN informally challenged - 13/12/2025
Challenge rejection from Southwark received - 07/01/2026 (Letter dated 07/01/2026)
13/06/2026 - EN still not received / No other comms from Southwark
(https://i.ibb.co/nqZJBGxT/Screenshot-2026-06-13-181118.png) (https://ibb.co/20m4S9Gw)
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Relaxing initiated
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Relax. The EN will have a serious issue anyway.
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The EN still hasn't arrived, and so it is getting slightly unsettling.
How long is the wait ? Anything over three months is regarded at London Tribunals as abuse of process and grounds for cancellation.
It's been 3 months now, at least from the date of rejection of informal appeal.
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(https://i.ibb.co/bMY3fHgQ/Screenshot-2026-04-24-232756.png) (https://ibb.co/5gC97YWG)
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The EN still hasn't arrived, and so it is getting slightly unsettling.
How long is the wait ? Anything over three months is regarded at London Tribunals as abuse of process and grounds for cancellation.
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The EN still hasn't arrived, and so it is getting slightly unsettling.
What does Southwark's online status/history say?
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The EN still hasn't arrived, and so it is getting slightly unsettling.
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I see.
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The EN still hasn't been served, and the status of the PCN is the same with outstanding payment of £80.
Is there a time limit in which an EN/NtO needs to be served?
It seems not. Here is Schedule 1 of the London Local Authorities ACT 1996
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
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The EN still hasn't been served, and the status of the PCN is the same with outstanding payment of £80.
Is there a time limit in which an EN/NtO needs to be served?
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Yes Sir
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Wait for the Enforcement Notice.
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(https://i.ibb.co/b8s8mX0/JK1775784-A-Informal-Rejection.png) (https://ibb.co/BSyS3Bp)
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We are. Please keep a close eye on their website for future reference: dates etc.
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I’ve been made aware about a lot of controversy surrounding this particular bus lane. I don’t really understand the technicals of it but it’s apparently due to administrative errors and expired TMOs.
Is this something you or anyone else are aware of?
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I’ve submitted the representation.
I will send an update once I’ve received a response.
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The alleged contravention did not occur as the video does not show any upright signage allegedly passed. In light of this, please cancel the PCN.
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Thank you.
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I will draft a challenge later and will be with you all the way.
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PCN: https://ibb.co/N2VdHxMN
No.: JK1775784A
Reg: GJ07XKO
Location: https://maps.app.goo.gl/2HuccrdmXisDg8me8
First ever time getting one of these.
I’m a bus driver and drive the same route along this road almost every day. What I imagine happened is out of habit I entered the bus lane.
Do I have any grounds to appeal on this basis if not anything else?
Thanks all.