Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Sonu rocks on January 12, 2026, 09:46:01 pm
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OP just to be clear, the PCN to which TEC's revocation order referred is ??
Yes
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20th August is the last day to file the appeal. I will do this one and PM you later today. Do not do anything as they will almost certainly issue an unlawful charge certificate before that date!
PM sent.
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OP just to be clear, the PCN to which TEC's revocation order referred is ??
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https://ibb.co/hFgngc98
https://ibb.co/ksGw2WDJ
Got the rejection letter on the basis of following appeal
To,
London borough Of Havering,
Highways,
Traffic and Parking,
Town Hall,
Main Road,
Romford,
RM1 3BB.
Subject:
Formal Appeal Against Penalty Charge Notice HG62581055 – Request for both aspects i.e. Consideration of Exceptional Circumstances and procedural impropriety to be reviewed. Kindly note there is an additional evidence at the bottom of the this document.
Dear Sir or Madam,
I am writing to formally appeal against the above-mentioned matter and to request that it be considered in light of the exceptional circumstances outlined below.
We moved to the Upminster area on 30 October 2025. Please find the tenancy contract attached as evidence. Following our move, our landlady confirmed to us that our vehicle had been registered for parking (see attached WhatsApp correspondence). As this was our first experience with the virtual permit system, we relied on this confirmation in good faith.
Unfortunately, shortly after moving in, it took us approximately two weeks to settle due to ongoing issues at the property, including severe condensation problems. During this period, we did not receive any further communication from the landlady regarding the virtual parking permit or any action required from our side.
At the same time, our relationship with the landlady deteriorated significantly. She began threatening us with illegal eviction despite having received two months’ rent in advance and all subsequent rent payments being made on time. As a result of this conduct, a harassment case has been registered with Havering Council (evidence attached). This situation caused considerable stress and disruption to our family.
As we were no longer residing at our previous address, we were unaware that correspondence from Havering Council had been sent there. We only became aware of the situation when we later visited our former residence and discovered several letters. Had we been aware of these communications at an earlier stage, we would have acted immediately.
Moving home is inherently stressful, particularly with children, and our priority during this period was ensuring that they settled properly into their new school while we continued to meet our work commitments. Managing serious housing issues and landlord harassment alongside these responsibilities was overwhelming.
I respectfully submit that these circumstances were exceptional and beyond our control. At no point was there any intention to disregard the rules, and had we been informed or aware of the requirements earlier, we would have taken prompt action.
I kindly ask that this appeal be considered with compassion and discretion in light of the evidence provided.
The wording of the PCN in terms of the 28 days period is wrong since it does not comply with Schedule 2 para.2 @
https://www.legislation.gov.uk/uksi/2022/71/schedule/2
(d) that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred.
In light of this procedural impropriety, I would like to request for this PCN to be cancelled.
Thank you for your time and understanding. I look forward to your response.
Yours faithfully,
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I will deal with it tomorrow. Pm to be sent now.
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What more do you want ? Hippocrates has already told you he do the case for you and send a PCM. Has he sent the PM yet ?
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Any other help please?
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Thank you.
A little confused, on what grounds should one appeal to London Tribunals? or one should make the representation as described in PCN? if so, what grounds.
@tincombe - you mentioned something about the dates and said thankgodness it is in our favour, how can one take this forward please?
I will PM you and do this case for you. DO NOT PAY!
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Thank you.
A little confused, on what grounds should one appeal to London Tribunals? or one should make the representation as described in PCN? if so, what grounds.
@tincombe - you mentioned something about the dates and said thankgodness it is in our favour, how can one take this forward please?
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@Incandescent - what discount are you referring to please, Havering has offered £80 if paid in 14 days.
Please help as to what would be the next steps.
It's a PCN, so you have a discount option of 50% of the penalty if paid within 14 days. If you do this, the case is closed and no representations can be accepted.
If you submit representations within that 14 days, Havering will not re-offer the discount when rejecting them. They are the only London council that does this, all the others re-offer the discount when rejecting representations received within the discount period. However, by not reoffering the discount, it becomes a complete and total no-brainer to then register an appeal at London Tribunals because the penalty remains the same and there are no additional costs whatsoever. And of course, if you win you pay nothing.
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@Incandescent - what discount are you referring to please, Havering has offered £80 if paid in 14 days.
Please help as to what would be the next steps.
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Dated 30th June, so served out-of-time according to Tincome's calculation.
As I understand it, Havering traffic and parking enforcement are in a state of utter chaos at the moment. Can this be a result of them not re-offering the discount when rejecting reps ? By not doing this, it them becomes a total no-brainer to take them all the way to London Tribunals. If lots of people now take them to LT, their resources are likely under some pressure, and serve them right !
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Just received communication from Havering. Please see below
https://ibb.co/rKHTKHC3
Please advise further. Many thanks
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TEC's letter must be wrong if you submitted your SD on these grounds:
(2)The statutory declaration must state that the person making it—
(a)did not receive the penalty charge notice in question;
Because..
2)Subject to the provisions of this section, where—
(a)a penalty charge notice has been cancelled under paragraph 2 of Schedule 1 to this Act[Not applicable here]; or
(b)a penalty charge notice has been cancelled in compliance with a direction given by a traffic adjudicator under paragraph 4(2) of the said Schedule[Not applicable here]; or
(c)a penalty charge notice is deemed to have been cancelled under paragraph 7(8)(c) of the said Schedule (deemed cancellation where a statutory declaration under paragraph 7(2)(a)[Did not receive the PCN in question, as here] of that Schedule is served under paragraph 7(1)(c)),
the borough council or Transport for London, as the case may be, may not serve a fresh penalty charge notice after the expiry of the period of 28 days from the date of the cancellation of the penalty charge notice or, in a case falling within paragraph (c) above, the date on which that council or body are served with notice under paragraph 7(8)(d) of the said Schedule.
Why has TEC written in (their letter of 27 MAY)that the original PCN has not been cancelled when the regs provide that the PCN is deemed cancelled??
OP, in short, IMO the authority had until 24 June* to serve a fresh PCN using the address you included within your SD.
* My understanding is that the Order is sent and received on the date specified i.e. 27 May.
Game over IMO unless you have moved from the address you entered in your SD!
Wait for others.
OP, posting a letter dated 27 May on 29 June isn't recommended. Thank goodness this one seems to be in your favour.
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Do nothing EXCEPT screenshot the website with the grounds and box with caveat re £5000 fine and I will be back later. Do not contact the council at all.
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Good morning all,
Good news, the charge certificate has been cancelled. Thank you everyone for your help.
The letter says that I should contact the local authority as they may take further action. Please advise. Also, there were supposed be 2 other charge certificate (in total 3) never hear back about the other. However, when the application was submitted for this one the PCN for other two was mentioned in the appeal too.
https://ibb.co/NgkwKKkH
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Thank you.
It should be the 1st box right? as I did not receive the initial PCN.
https://ibb.co/8Dq6t7zr
Yes, correct.
Remember, (1) the PCN must be registered at TEC before your Statutory Declaration can be accepted, and (2) you must sign and date in the presence of the witness,
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Thank you.
It should be the 1st box right? as I did not receive the initial PCN.
https://ibb.co/8Dq6t7zr
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The legislation under which the original PCNs were served is the London Local Authorities and Transport for London Act 2003. This means you need to submit a Statutory Declaration using form PE3. YOu tick the first check box because your circumstances fit the third item against that box, a PCN served for a traffic contravention. YOu don't need to put anything in the 'Reasons" box.
When filling in the form, remember you are the 'Respondent'. The applicant, (see top right of form), is the council, Havering. You only sign and date the form in the presence of the witness. Normal solicitor fee is about £10-15 as I understand it. If you get a court official to witness, you'll have to make an appointment.
https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice
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Since we do not live at the old address we could not find any other letters containing PCNs. The address was changed on V5C around 1st week of December.
is this the form where it says
Give full details and tick the box which applies. If your penalty charge relates to a London Borough Parking contravention you must only tick one box. You must ensure that all details above are correctly entered from the Order for Recovery of unpaid penalty charge. You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee.
If so, who will be cheapest and easiest to go to a solicitor, a justice of the peace or an officer?
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Not only has your landlord failed to register the car for a permit, it also looks as if you have failed to update the V5C Registration Certificate for your car. I suggest you check with the landlord why he has failed to do what he promised to do. It may be that the permit rules make the resident responsible for obtaining permits.
So with no permit, when you drove in during the restricted times, their CCTV registered a non-permit holder, and they then served postal PCNs to the V5C address as they are obliged to do by law. All subsequent enforcement documents must be sent to the name and address the council obtain from the DVLA. So why have you not updated your V5C ?
You have posted-up three Charge Certificates, but there would have been three postal PCNs served before these, so what happened to them ? Anyway, you can do nothing with the CCs except pay them, or ignore them and wait for the final part of the process which will enable you to get the matter reverted to the PCN stage, at which point you can either pay or submit representations.
At the end of the 14 day payment period on the CCs, the council must register the PCNs at the Traffic Enforcement Centre, (TEC). Only when they have done this can they instruct bailiffs to recover the money. Please note that there is no possibility whatsoever of a CCJ. At this stage they will send out an Order for Recovery for each of the PCNs to the old address. But you can download the relevant forms from TEC, fill them in and submit them. The form you require is PE3
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
So you now need to become proactive, and phone TEC every 7-10 days to find out if the PCNs have been registered. Once they have, you can submit a Statutory Declaration for each one, stating that you did not receive the PCN. TEC then cancel the CCs and OfRs and the matter reverts to the PCN. You are still liable for the PCNs.
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Hi,
Have moved in to a new address. The landlord applied for the permit as the new address is where there is restrictions on timings due the school. Was under the impression that my landlord has registered the vehicle but looks like it is not the case as the PCN keeps going to the old address.
Have notified the council since October 2025 and have been paying the council tax.
Please advise.
https://ibb.co/p6F2z581
https://ibb.co/4ZH7dBZ7
https://ibb.co/4gT8hxLk