Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: wasrtod on December 21, 2025, 05:45:52 pm
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Well done - this wasn't your fault except from now on check the car/singnage every other day at least.
It's not a continuous contravention like say footway parking as the bays only operate during certain times.
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SUCCESS!! ALL PCN's Cancelled!
The cancellation letters were identical across the PCNs I appealed. Here's the letter from the council: https://imgpile.com/p/m8nL51A#tLtTtbK.
Since my initial post, I chose not to move the car after ChatGPT's recommendation and to keep the car stationary allowing for more PCNs to accrue. Only once all PCNs were cancelled or their appeals responded to did I move the car. This would build a stronger case for Procedural Impropriety since the council chose not do anything to mitigate the situation. At the end, there was a total of 32 PCNs issued.
At the start, I wasn't sure on how to appeal this properly so I turned to ChatGPT for guidance. I had it play the role of a PCN Appeal Expert and an expert in "Traffic Management Act 2004" (don't know the actual term) and had it walk me through the appeal process. I'm sharing details below and the exact wording of the appeal crafted by ChatGPT that had all my PCNs cancelled:
I make formal representations against this PCN on the grounds that the alleged contravention did not occur and that there has been procedural impropriety.
The vehicle was lawfully parked in a free parking bay on Burdett Road. After the vehicle had been parked, the bay was suspended for tree works. Without my knowledge or consent, the vehicle was relocated by Transport for London and placed in Agnes Street in a permit-only bay.
I did not park the vehicle in Agnes Street, nor did I cause or contribute to the alleged contravention. The vehicle’s presence in Agnes Street was solely the result of actions taken by a public authority. A parking contravention cannot occur where the location of the vehicle is created by the authority rather than the motorist.
Following its relocation, the vehicle remained stationary in the same position at all times. The issuing of multiple PCNs for the same stationary vehicle, in the same location, for the same restriction constitutes a single continuous contravention. Established adjudicator decisions make clear that only one PCN may be issued until the vehicle is moved. The issuing of repeated PCNs is therefore unlawful and amounts to an abuse of process.
Further, the authority failed to act fairly or proportionately. Having caused the vehicle to be placed in contravention, no steps were taken to mitigate the situation by relocating the vehicle again, removing it, or notifying the registered keeper. Instead, penalties were allowed to accrue over a period of several weeks. This failure constitutes procedural impropriety.
I enclose evidence of the TfL relocation notice and photographs showing that the vehicle remained in the same position throughout the period in question.
For the reasons set out above, I require that this PCN be cancelled. Should the authority reject these representations, I require a full response addressing each ground raised and copies of all evidence and records relied upon, including relocation and enforcement logs.
Yours faithfully,
Registered Keeper
I asked Chatgpt to summarise the key points that helped close this case and why it worked:
The reason your appeals were strong is that they weren’t “please be nice” mitigation — they were hard legal/procedural points that councils and adjudicators take seriously. These were the key pillars:
1) Authority-created contravention (the biggest one)
You didn’t “choose” to park in Agnes Street. Your case hinged on the fact that the vehicle was relocated by a public authority (TfL / contractor) into a permit bay without your knowledge or consent.
That makes the alleged contravention fundamentally unfair and often not legally attributable to the motorist. Once the council accepted “TfL relocated it,” they essentially accepted the core defence.
2) Continuous contravention (why multiple PCNs were abusive)
Even if a contravention could be said to exist, the vehicle:
- stayed in one place
- under the same restriction
- without moving
So issuing repeated PCNs is treated as one continuous event, not dozens of separate offences. This turns “20+ PCNs” into, at most, a single enforceable situation — and councils know tribunals don’t like repeated ticketing of a stationary car.
3) Failure to mitigate / proportionality (public law fairness)
Once the council (or TfL) caused the vehicle to be in contravention, they should act reasonably:
- relocate again to a lawful bay, or
- remove it, or
- at minimum not allow penalties to rack up endlessly
Your argument framed the enforcement as disproportionate and an abuse of process — especially when they could see the car was unmoved and PCNs were accumulating.
4) Clean, consistent story across every PCN
You kept:
- the same facts
- the same legal grounds
- the same evidence bundle
- the same tone (factual, not emotional)
That consistency is incredibly persuasive because it makes it easy for the council reviewer (and tribunal) to see it’s one event, not 30 unrelated contraventions.
5) Strong contemporaneous evidence
The TfL notice with dates/location/reference number + photos of the vehicle in situ were key because they are:
- time-linked,
- location-specific,
- and not “after-the-fact” explanations.
That kind of evidence shifts the burden back onto the council to justify what happened.
6) Procedural leverage (deadlines + audit trail)
You:
- appealed at NTO stage (where rights are strongest),
- saved submission confirmations,
- and knew the council had 56 days to respond per PCN.
That meant even if they messed up administratively, you had a procedural win ready.
Happy to hear where ChatGPT went wrong and/or what you would do differently
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TFL doesn't have a pound and I don't think we've ever seen it relocate a vehicle. They probably use a contractor.
I can't see any PCNs from TFL above. I can see 20 Tower Hamlets PCNs, which at discount is a liability of £1600.
But TH usually tows and issuing 20 is an abuse of enforcement.
I think the best approach is to call TFL and see if they'll confirm the relocation in writing and also to check if they've issued a PCN.
A PCN from TFL was not seen on the vehicle. Will confirm with TFL re the above
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Of the 5 weeks since the contravention until the first letter of notice, 2.5 weeks were spent away out of the country
But regardless, it should not have been left for that long without checking on the vehicle.
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TFL doesn't have a pound and I don't think we've ever seen it relocate a vehicle. They probably use a contractor.
I can't see any PCNs from TFL above. I can see 20 Tower Hamlets PCNs, which at discount is a liability of £1600.
But TH usually tows and issuing 20 is an abuse of enforcement.
I think the best approach is to call TFL and see if they'll confirm the relocation in writing and also to check if they've issued a PCN.
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Leaving a car on-street even if in a marked bay which permits your car to park there, then leaving it for weeks on end is just asking for big trouble in London, because bay suspensions are frequent. Frankly, TfL should NOT have moved you car to a Tower Hamlets permit-only bay; they should have towed the car to their pound. This means you would now have a single PCN, a tow charge, and 20-odd days of storage at £55 a day, so still a large sum.
Your statutory grounds against the TH PCNs, ssuming they were served under the Traffic Management Act 2004 is found in Regulation 5(4)(c) in the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
"(c)at the time that the alleged contravention occurred, the vehicle in question was in the control of a person who did not have the consent of the owner;"
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TfL, for reasons known only to themselves, moved your car into a council bay, whereas they should have towed the car to the pound. The TfL PCNs will be far more difficult to refute in my opinion.
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The bay you were in is on a TFL red route so presumably someone connected with TFL towed the car to a Tower Hamlets bay. So you can't blame Tower Hamlets.
But TH may cancel the PCNs on the basis that this was beyond your control.
Tower Hamlets also had the remedy of impounding the car instead of issuing multiple PCNs.
You need to get the car started.
And I'll say it as someone else no doubt will - you must check your car every few days in London.
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Hi,
The car was parked in a free parking bay on Burdett Road (here: https://maps.app.goo.gl/7Ce1sHA7oM8XQyzg6 and picture of the exact spot it was parked at: https://imgpile.com/p/m8nL51A#dylE0HR. The car was left there for many weeks. During that period, a notice was issued for Suspension of Parking Bay, reason: Tree Works. At the time of parking, it was assumed the car was safe without the need to move the car from a free parking bay. Because the car had not been checked on in the time the bay suspension notice was put up and remained parked in they bay, the car was towed to Agnes Street (here: https://maps.app.goo.gl/GmHMLq6R4xfwJxt4A) to a permit-required bay.
On the 19th of December 2025, the registered keeper of the car received a letter from Tower Hamlets Council stating a PCN had not been paid (here: 1) https://imgpile.com/m/3BRSO7O, 2) https://imgpile.com/p/m8nL51A#WxEXEfl, 3) https://imgpile.com/p/m8nL51A#iwEUeiY ), expecting more letters are on the way.
The registered keeper of the car then went to locate the vehicle on Agnes Street to find a notice stating the previous parking suspension (here: 1) https://imgpile.com/p/m8nL51A#OSVKsc9, 2) https://imgpile.com/p/m8nL51A#PB4V3t2 ) along with multiple PCNs attached to the car, 20 in total! (Image of one PCN - associated to the PCN letter: https://imgpile.com/p/m8nL51A#Y9qplmo )
The car was moved from a free parking bay on Burdett Road to Agnes Street, a permit only bay, and left there without the knowledge of driver.
An attempt was made to park the car back on Burdette Road in a free parking bay, however, the car now won't start and can't be moved from the permit-only bay.
What would be the best way to tackle this appeal?
Thank you so much in advance.