Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: boggler on January 21, 2026, 09:02:10 pm
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So, they have replied but either they haven't read my appeal or misunderstood it. I never said I wasn't aware of the restriction, I said that the works had finished! Any advice on the next steps would be appreciated!
https://imgpile.com/p/F1EzOCU (https://imgpile.com/p/F1EzOCU)
https://imgpile.com/p/F1EzOCU#5pUz7Av (https://imgpile.com/p/F1EzOCU#5pUz7Av)
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So, the council have replied to my email "Good morning,
Thank you for your email.
Our records indicate that we have received your challenge against the Penalty Charge Notice (PCN) that you have quoted.
Your case has been placed on hold until a decision has been made. All correspondence is answered is strict date order of receipt, therefore a response will be sent to you as soon as possible.
If your challenge is rejected, the discount will be reinstated.
Kind regards,"
So, my question is the fact that they have put this in writing but have displayed on their website that £160 is owed now with no mention of a hold, is that not an issue. i.e. I could see that and panic then pay the £160 when they are explicitly saying that they are still considering the case.
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From the council's website:
When we receive your appeal, it will be logged as a challenge or formal representation (depending on how the penalty was issued and/or how far it has progressed). We will ensure that the case does not progress further and then write to you in due course to let you know the outcome and how much money is due, if any.
So, they will write and will freeze its progression until their reply is served.
Yes, that's what they should do but there have been cases of councils claiming they have sent out documentation which has not been received...
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From the council's website:
When we receive your appeal, it will be logged as a challenge or formal representation (depending on how the penalty was issued and/or how far it has progressed). We will ensure that the case does not progress further and then write to you in due course to let you know the outcome and how much money is due, if any.
So, they will write and will freeze its progression until their reply is served.
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No harm in that.
Thanks!
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No harm in that.
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Yes. I am the owner and everything is up to date. I sent my appeal in and received the acknowledgement on 27th January. So, if they had rejected it wouldn't there have been another 14 days to pay?
Also as per the link, I can still appeal as if it were the first notice....
https://imgpile.com/p/k66DeD9#l5nuKBS (https://imgpile.com/p/k66DeD9#l5nuKBS)
I suppose they could argue the letter went out and it is now past that date? My suspicion is that the appeal has not been picked up by the sytem and the fine has just ticked over to the past 14 day period.
I'd rather not phone them as phone calls are harder to document. There is an option to email them..or does it not matter?
I was thinking of submitting the following via email
"I submitted an informal challenge to PCN BY28005604 on 27 January 2026 and received an acknowledgement the same day.
I have not received any response to that challenge.
The online system now shows the full charge of £160 outstanding.
Please confirm:
Whether my informal challenge has been considered;
Whether a Notice to Owner has been issued;
The current procedural status of this PCN.
I look forward to your clarification."
Would that be sensible?
Thanks in advance for all the help!
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You need to phone them, because it looks strongly as if they have, (as usual) rejected your informal challenge to the PCN, and have sent a Notice to Owner out. Are you the owner, and is the name and address on your V5C Registration Certificate up-to-date ?
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So I sent my appeal in and have not heard anything back. I have been to the website and when I click on payment, I see the following:
https://imgpile.com/p/k66DeD9 (https://imgpile.com/p/k66DeD9)
Does this mean my first appeal has been rejected? Do I move to the next stage of the appeals process now even though I have not received any reply?
Thansk for any advice.
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So, should I change the wording of my appeal slightly?
Maybe add this at the end? "In addition, I note that under the Traffic Management Act 2004 the authority is required to have regard to the Secretary of State’s Statutory Guidance, which emphasises proportional and fair enforcement."
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Some info on need for suspension ending in this case - it seems the key is that the authorisation for the suspension sign usually says the sign cannot stay after it is no longer needed.
In this case though this wasn't in the authorisation but could be argued from the traffic order perhaps.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/suspended-bay-with-insufficient-signage-and
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But some of us representatives are a dog with a bone.
And long may it continue to be so !!
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But some of us representatives are a dog with a bone.
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Is it the Guidance to Local Authorities in the Traffic Management Act 2004 that I need to quote? Thanks
I think you mean this, the Statutory Guidance, which, under the TMA 2004, councils must have regard to:-
https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions
The only thing about this guidance is it is only guidance, and councils can ignore it. However, if it is one the points in an appeal at the adjudicators, the council would be expected to say why the guidance has been ignored. Trouble is a lot of naive adjudicators just dismiss it with "its only guidance".
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Is it the Guidance to Local Authorities in the Traffic Management Act 2004 that I need to quote? Thanks
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Thanks. It is much appreciated!
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I think we have a case or two plus some legal backup but I can't find it/recall it exactly.
I'll have another look tomorrow.
They are bound to reject at this stage.
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How does this sound for a first stage appeal to the council? Thanks
Grounds for Appeal: The Contravention did not occur
The parking bay was suspended for utility works from 19 January 2026 until and including 21 January 2026. However, the utility works were completed on 20 January 2026 and the bay was clear and fully usable on the morning of 21 January when the PCN was issued.
As the purpose of the suspension had ceased, the suspension itself had no continuing effect and should not have been enforced. A parking suspension may only lawfully remain in force for as long as it is necessary for the stated purpose.
The council’s own roadworks map for 21 January (which I have attached) show no active works on Wendover Road. In addition, the CEO’s own photographs show no works, equipment, barriers or obstructions present in or near the bay, corroborating that the reason for the suspension had ended.
Furthermore, I am also a resident permit holder for this bay and parked in my usual permitted location outside my home once the works were complete. No obstruction was caused and the bay was not required for any works or other purpose at the time.
In these circumstances, it can reasonably be asserted that the contravention did not occur and I request that the PCN be cancelled.
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There is a roadworks map for 21st January and as highlighted in yellow, our road is clear of any roadworks...
https://imgpile.com/p/Ncl2EZo#2HsIH7J (https://imgpile.com/p/Ncl2EZo#2HsIH7J)
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Thanks. The parking bay was exactly where the work was taking place but unfortunately I do not have photos showing the work in action and then complete as it were. When you say it is worth having a go. All the way to tribunal or just first stage council appeal?
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If the works had finished the suspension had no validity technically so it's worth a go on this if you have proof of some sort it was indeed over.
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As per the title, we have had roadworks on our road from 19th-21st January. The roadworks finished on the 20th and absent mindedly as a creature of habit, after coming back from the gym on 21st January in the morning. I parked in the bay outside my house. I came out 15 minutes later to go to work and there was a lovely PCN waiting for me. Is there any chance of an appeal or am I just wasting my time? Thanks
My PCN no. is BY28005604 and registration GD15FDK
This is the location: https://maps.app.goo.gl/QAM7PwAfKA5PzzjX9 (https://maps.app.goo.gl/QAM7PwAfKA5PzzjX9)
and these are the photos:
https://imgpile.com/p/Ncl2EZo#6Kx0rts (https://imgpile.com/p/Ncl2EZo#6Kx0rts)
https://imgpile.com/p/Ncl2EZo#2oOcToC (https://imgpile.com/p/Ncl2EZo#2oOcToC)
https://imgpile.com/p/Ncl2EZo#GTL2sEX (https://imgpile.com/p/Ncl2EZo#GTL2sEX)
https://imgpile.com/p/Ncl2EZo#Ul9i3nK (https://imgpile.com/p/Ncl2EZo#Ul9i3nK)