Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ReflectoR on January 24, 2026, 07:53:48 pm
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Screenshot of Table of Contents
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Below is a copy and paste of the summary:
(the appellant) has challenged the Penalty Charge Notice (PCN) on the grounds that there has been a procedural impropriety and that the penalty exceeded the amount applicable.
The PCN was correctly issued under contravention code 19, which attracts a standard charge of £110.00. This was stated in both the PCN (evidence C) and the Notice of Rejection (evidence E).
Therefore, the enforcement authority does not accept that the penalty exceeded the amount applicable in the circumstances of the case.
The enforcement authority’s case is that evidence submitted by civil enforcement officer (CEO) IS2025 demonstrates that the appellant’s vehicle, LK56CSZ, was parked in a permit holders bay with an invalid permit on 18 September 2025. The contravention occurred in Brewery Road, N7 and the CEO issued the PCN at 09:51am.
The CEO’s photographs (evidence C) show that the vehicle was parked in a resident permit holders bay. The CEO noted that the vehicle had a resident permit which had expired on 12 September 2025. I can confirm that a valid Traffic Management Order (TMO) is held for this location (evidence B).
The appellant believes that a procedural impropriety has occurred as their representation has not been fully considered. In their representation, the appellant made an appeal on the grounds that they had attempted to renew the permit prior to its expiry and were unable to do so due to technical issues. They state that they then forgot about the renewal which led to this PCN being issued.
A new permit was indeed purchased on 19 September 2025 which is after the PCN had been issued on 18 September 2025 (evidence J). The enforcement authority maintains that it is the permit holder’s responsibility to ensure they renew their permit in good time to avoid a break in continuity.
Resident permits are electronic and can be renewed electronically.
The appellant states that they were prevented from purchasing a permit in the first instance due to the council’s online system repeatedly failing to process the renewal. The enforcement authority is unaware of any system issues that would have impacted the appellant renewing their permit.
However, if the appellant was prevented from purchasing a new permit then we would expect the appellant to get in touch with the enforcement authority and to try to find another method of renewing their permit. The appellant admits in their appeal that they forgot to renew their permit. The
appellant’s appeal amounts to mitigation which has already been considered at the representation stage. The enforcement authority is not satisfied that there are any grants cancel this PCN.
A procedural impropriety is a failure by the enforcement authority to observe any requirement imposed upon it by the Traffic Management Act 2004, the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 and the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 in relation to the imposition or recovery of a penalty charge or other sum. There is no evidence of procedural impropriety by the enforcement authority.
The enforcement authority has considered whether there are any circumstances to mitigate the contravention and have decided there are not. I find no compelling reason to cancel the PCN and I therefore request that the adjudicator refuses the appeal. If the appeal is refused, Islington Council would seek to recover the full charge of £110.
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Hi John.
"The hearing of your appeal will take place using the Microsoft Teams video conferencing platform on:
24th September 2026 at 16:00."
That's from the Tribunal.
EDIT:
I've pasted the summary, and screenshot of table of contents in the two posts below.
Thanks again!
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The council have, surprisingly, uploaded an evidence pack.
It's like a 100 pages long. Seems mostly to be their policy.
What should my next steps be?
Please to give us the date of the hearing. I take it you opted for personal (videolink or telephone)?
In the evidence pack there should be a list of contents and also a 2-3 page summary as to why the council think the appeal should be rejected. Please post these here and the experts here will advise what else they need to see.
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The council have, surprisingly, uploaded an evidence pack.
It's like a 100 pages long. Seems mostly to be their policy.
What should my next steps be?
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Wait for the Council to upload their evidence pack. Quite often Councils will weigh up the chances of winning against the effort required to produce an evidence pack and decide not to contest your appeal.
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I got a hearing date now. Sometime in September. Need to find the exact date and stick it in my calendar.
Now I am going to have a nagging feeling for months now.
What are my next steps? Prepare my case?
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All done, got wife to register the appeal now. Put me down as representative.
Does the reasonable adjustment for disabilities extend to representatives as well? Or only for the main appealant?
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Yes I will get the wife to do it tonight.
Online of course.
There are many advantages to that.
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Only your wife can initiate appeal proceedings, not you. So make sure she doesn't lose by default simply because you make this mistake.
All that's needed at this stage is to register an appeal. Not write it in minute detail, but to register. 2-3 minutes at most.
Grounds:
Procedural impropriety;
Penalty exceeded.......circ
I rely upon my formal representations and am currently compiling further representations whose grounds have arisen in consequence of an improper Notice of Rejection.
My thoughts.
The regulatory 28-day period before a Charge Cert can be served ends on 26 March, so get the appeal registered beforehand.
Thank you.
Yes I will get the wife to do it tonight.
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Only your wife can initiate appeal proceedings, not you. So make sure she doesn't lose by default simply because you make this mistake.
All that's needed at this stage is to register an appeal. Not write it in minute detail, but to register. 2-3 minutes at most.
Grounds:
Procedural impropriety;
Penalty exceeded.......circ
I rely upon my formal representations and am currently compiling further representations whose grounds have arisen in consequence of an improper Notice of Rejection.
My thoughts.
The regulatory 28-day period before a Charge Cert can be served ends on 26 March, so get the appeal registered beforehand.
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Hi everyone,
I'm not too sure where to start in terms of a draft for taking this to tribunal. I think I've got like 2 days left. 1 day tomorrow.
Are there any pointers please?
Again, thank you all very much.
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Your wife's permit expired on 12 Sept.
The PCN was issued on 18 Sept.
I think your wife would struggle to convince an adjudicator that the permit could not be renewed between 12th and 18th.
IMO, there are procedural grounds which arise from the NOR but to be certain pl post their 'Appeal Form' and 'guidance notes'.
Do you mean these? They came with the NOR.
Page 1
(https://u.cubeupload.com/rtx/RTS04AppealGuidance.jpg)
Page 2
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Page 3
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Page 4
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Your wife's permit expired on 12 Sept.
The PCN was issued on 18 Sept.
I think your wife would struggle to convince an adjudicator that the permit could not be renewed between 12th and 18th.
IMO, there are procedural grounds which arise from the NOR but to be certain pl post their 'Appeal Form' and 'guidance notes'.
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But in what way?
How did it exceed the relevant amount? Sorry, I'm genuinely asking.
The circumstances were such that no penalty could be demanded, hence the relevant amount is nil. It's the only way to make a collateral appeal in the LLQ & TfL Act 2003, the circumstances being that their website would not accept your attempt to renew your permit when you attempted to do so.
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But in what way?
How did it exceed the relevant amount? Sorry, I'm genuinely asking.
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Car is in my wife's name, I deal with everything else.
She just drives it.
I intend to take it to tribunal, but on what grounds can I take it?
Statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case"
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Car is in my wife's name, I deal with everything else.
She just drives it.
I intend to take it to tribunal, but on what grounds can I take it?
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+1 to taking it to London Tribunals
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They haven't offered the discount so your wife making an appeal is a no-brainer.
Just by way of clarification, as your wife is the V5C holder then isn't the resident's permit renewal at issue hers? I ask because your first post and argument are that you were renewing your permit.
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Thanks @John U.K.
Here is all sides of the NoR.
Page 1
(https://u.cubeupload.com/rtx/rtsNORpg1.jpg)
Page 2
(https://u.cubeupload.com/rtx/rtsNORpg2.jpg)
Page 3
(https://u.cubeupload.com/rtx/rtsNORpg3.jpg)
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Please post up all sides of the NoR, redacting only yr name & address.
Is it worth making a new thread with all the details?
No, stay with this thread.
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Hi everyone.
So I submitted an appeal again to this PCN, in my wife's name, as advised.
Today we got the notice of rejection. With the London Trinubals appeal form.
How should I proceed?
Is it worth making a new thread with all the details?
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OP, you're too relaxed IMO.
The NTO was received, but when we don't know.
Your wife had 28 days in which to make reps, after which a Charge Cert could be served.
But you made reps, but when we don't know.
But we do know they replied on 26 Jan. Authorities aren't noted for their response times therefore for all we know the 28 days have expired and your wife's reps would be disregarded and the penalty increased by 50% and a Charge Cert is on its way.
What is the date of the NTO.
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@RichardW okay, thank you.
Unfortunately I can't find the original pcn, but will post nto when I get home.
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Seems over complicated... just submit as your wife. If it then goes to tribunal someone else can represent her - often happens on here that one of the regulars picks up at tribunal stage.
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We should see the original PCN and the NTO please (pl see the forum READ THIS FIRST.. guidance).
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Would this draft do?
“I am the registered keeper of the vehicle. I authorise my husband, ReflectoR, to act as my representative in this appeal, including correspondence and attendance at the hearing.
I am resubmitting his original appeal with this submission
[Original appeal I will paste here]".
Thanks again everyone.
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Okay thank you.
I will send it again, is it worth mentioning we'd like to take it to tribunal as well?
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I don't think there will be another NTO, next will be charge certificate which you can't appeal against. It still appears you can make an appeal on their website, so try sending the reps again, in your wife's name this time...
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So technically my reps was rejected. But Islington are saying that I can't take it to tribunal because I'm not the owner.
Does this mean I wait for another NTO, and then get my wife to appeal that?
Or do I write back now, and say my wife wants to take it to tribunal?
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I order to register an appeal at the adjudicators, one must first have had reps against a Notice to Owner rejected. The rejection must advise you of your right to adjudication and explain the process.
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Thank you.
So would we do this after receiving the next letter, or do we have to do it now?
Since the NTO was already served, and I was the one that responded?
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Your wife can take the matter to London Tribunals and nominate you as her representative. This needs her to write and sign a letter of authority. Of course a typed letter only needs her signature.
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What should my next steps be? Wait for another letter after the 8th?
Or write authorisation from my wife now?
Either way I wanted to take it to tribunal since it's 110 now anyway.
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If the NTO is addressed to your wife, she's legally responsible and the council can't consider representations from another party (without their express authorisation).
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The NTO was addressed to my wife's name.
I made the "appeal"/representation under my name on their online form.
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Who was the NTO addressed to?
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Hi everyone.
So I forgot to renew my permit with Islington, and I got a PCN. I appealed, and it got rejected, and I appealed again, and it got rejected again. They sent the NTO, and I sent the same appeal which got rejected as well.
My appeal was that I forgot, but the reason I had forgotten was because when I originally went to renew the Islington permit portal wasn't functioning correctly, can't remember exactly what was wrong, so I was going to try again later. But never did.
I know it's not the best excuse, but I'd like to take it to tribunal anyway. But the rejection to the formal representation seems to suggest I can't? I've pasted it below.
My original submission to the NTO
I would like to clarify the circumstances again, as my concern is that the mitigation I raised has not been fully considered. I attempted to renew my residents’ permit before the PCN was issued; however, the council’s online system repeatedly failed to process the renewal. This technical issue was outside my control, and I took reasonable steps to remain compliant. I urge the council to check its system logs, which should evidence my attempts to renew the permit. I have previously held a valid residents’ permit and had no intention of avoiding payment. I acted in good faith and attempted to renew on time, but was prevented from doing so due to system failure. In addition, I have ADHD, which means that despite making an initial attempt to resolve the issue, I am more prone to forgetting to retry immediately once a system error occurs. This makes it especially important that reasonable adjustments and fairness are applied where renewal was attempted but blocked by circumstances beyond my control. Given these facts, I believe it would be unreasonable and disproportionate to enforce a penalty for a situation caused by the council’s own system preventing renewal. I respectfully ask that this matter be reconsidered in light of fairness.
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page 2
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