Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mdar50743 on February 12, 2026, 01:00:58 pm
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Look at my #3. No really useful advice can be given until we see the signage and if there are any advance warning signs on your approach.
There may also be a "technical" appeal argument, so wait and see if anything is suggested, but don't miss the payment/appeal deadline.
Thank you for your reply. I received the PCN addressed to me on the 20/03.
I have drafted a email response. Could anyone please check it and add or delete anything that is required.
Dear Sir or Madam,
I make formal representations against the above Penalty Charge Notice on the ground that the alleged contravention did not occur. In the alternative, I rely on compelling mitigating circumstances and procedural impropriety.
1. The restriction was not adequately conveyed (Regulation 18 breach)
Under Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the authority is under a duty to ensure that traffic signs adequately convey the effect of any restriction.
At this location, the signage fails this requirement for the following reasons:
• There is no adequate advance warning of the restriction prior to the point of commitment.
• The restriction signage is positioned at an angle such that it is not clearly visible to approaching motorists until it is too late to safely comply.
• The signage is small, visually cluttered, and not sufficiently prominent relative to surrounding signage.
It is well established in tribunal decisions that a restriction is unenforceable where a motorist is not given sufficient opportunity to see, understand, and comply with the restriction before committing to the manoeuvre.
2. Inadequate visibility at night
The alleged contravention occurred at approximately 22:25 hours. At this time:
• Lighting conditions were poor
• The signage was not sufficiently illuminated or reflective
• The restriction was not reasonably visible to a driver exercising due care
A restriction that is not clearly visible in night-time conditions cannot be said to be adequately conveyed.
3. Failure to provide advance warning
The restriction is part of a recently introduced Low Traffic Neighbourhood (LTN) scheme in the Wormholt area.
There is no adequate advance signage alerting drivers prior to entering Sawley Road that motor vehicles are prohibited ahead. As a result, the restriction only becomes apparent after the driver has already committed to the route.
Tribunal decisions consistently confirm that:
A driver cannot be expected to comply with a restriction that is only visible after the point of commitment.
4. Signage orientation and positioning
Evidence from this location shows that:
• Restriction signs are positioned at an angle (effectively side-on) to approaching traffic
• In some cases, signage faces traffic from the opposite direction
A sign that is not facing oncoming traffic does not satisfy the legal requirement to adequately convey a restriction.
5. Legitimate expectation & recent scheme
I have used this route on previous occasions without any restriction being apparent. The introduction of this scheme appears to be recent.
Where a new restriction is introduced, the authority is expected to ensure:
• Clear and prominent signage
• Adequate warning to regular users
This has not been achieved.
6. Supporting case principles
I rely on established tribunal principles that:
• A PCN must be cancelled where signage is unclear, inadequately positioned, or not visible in prevailing conditions
• Restrictions must be communicated clearly before the decision point
• Enforcement cannot rely on signage that requires unsafe or last-second manoeuvres
These principles have been repeatedly upheld in London Tribunal decisions, including cases involving the London Borough of Hammersmith & Fulham.
7. Request for evidence
Should the authority not cancel the PCN, I require the following:
• The Traffic Management Order for this restriction
• Full signage layout plans
• Evidence of signage positioning and orientation on the date in question
• Maintenance and illumination records
• The full CCTV footage
Conclusion
For the reasons set out above, the restriction was not adequately conveyed and the alleged contravention did not occur.
I therefore request that the PCN be cancelled.
If the authority is not minded to cancel, I will have no hesitation in pursuing this matter to adjudication.
Yours faithfully,
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Look at my #3. No really useful advice can be given until we see the signage and if there are any advance warning signs on your approach.
There may also be a "technical" appeal argument, so wait and see if anything is suggested, but don't miss the payment/appeal deadline.
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Bump
Just curious if anyone has advice to appeal this.
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Hi, any advice on submitting a representation?
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Is/was the vehicle hired for a period of less than 6 months or is it leased?
It's vitally important.
I can confirm the car was hired less than 6 months
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Is/was the vehicle hired for a period of less than 6 months or is it leased?
It's vitally important.
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OK. So until you get a PCN with your name and address at the top, you can do, (and should do), nothing.
On receipt of the representations from Hertz, the council cancel the first PCN, then have 28 days to send out a second PCN to you. At that point, you can either pay the discount, or submit representations.
Hi, just an update. I have been transferred the liability and this is the link:
https://imgpile.com/p/ycf9FDr
Any advice to appeal would be appreciated.
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OK. So until you get a PCN with your name and address at the top, you can do, (and should do), nothing.
On receipt of the representations from Hertz, the council cancel the first PCN, then have 28 days to send out a second PCN to you. At that point, you can either pay the discount, or submit representations.
Apology for the delayed reply. I’ve been quite sick.
Thank you for your reply.
When I checked the Council Website I have no idea why the fine is now at £160 even though I never had any prior knowledge about it. I am assuming that Hertz have made administrative error that's meant that I never received the fine.
I have asked a friend to make photos for me about the contravention.
Link to the photos for any appeal: https://imgpile.com/p/2Lp9o54
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OK. So until you get a PCN with your name and address at the top, you can do, (and should do), nothing.
On receipt of the representations from Hertz, the council cancel the first PCN, then have 28 days to send out a second PCN to you. At that point, you can either pay the discount, or submit representations.
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So who's name and address was on the PCN you received ? This is the first time you'v e mentioned that it is a lease car. Knowing whether a car is owned or is leased/hired is crucial for us to give advice.
Under the legislation, the owner of the vehicle as recorded on the V5C Registration Certificate for the vehicle has responsibility for payment or appealing, but hire and lease companies can submit reps that they are a hire/lease company, and pass on name and address of the hirer on the date of the alleged c ontravention. A second PCN is then served on that name and address and the first one cancelled.
I think the links to the PCN isn’t working I have uploaded them again:
https://imgpile.com/p/vNJ3k4t#Rjk8QIG
https://imgpile.com/p/vNJ3k4t#dQtCdRF
https://imgpile.com/p/vNJ3k4t#x16igph
The name and address was the leasing company (Hertz).
I understand what you have mentioned, I never got any information form the Hire company until 12/02 by email:
Dear Sir,
We have been notified of a traffic offence committed for the period during which the vehicle with registration xxxxxx was in your possession.
Your details have been passed to the relevant authority and if you have not already done so, you will soon a Penalty Charge Notification directly from the authority addressed to you. At this point you can appeal the ticket directly with the authority if you so wish.
There are circumstances where the authority rejects our application to transfer liability to you; in which case, we will notify you once we receive the Notice. It is imperative that you deal with the Notice immediately upon receipt.
Please, note that if the fine fee has been increased at the time if this fine notification, don't pay the increased fee as this copy of the ticket is for information purposes only for you.
We transferred the liability of the fine to you within 28 days as per the rules. Hence, you should not pay the increased fee. We will advise you appeal to the local authority to return the fee to its original charge while explaining their rule.
As per the rental agreement, there is an administration fee of 20.00 per fine which is now paid on your account. Please find the attached copies of the fine and the invoice can be located on your app.
Please only reply to this email if you require assistance and ensure you follow the above instructions. If you haven’t followed the above instructions, then we are unable to assist you further.
Kind regards,
Hertz
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So who's name and address was on the PCN you received ? This is the first time you'v e mentioned that it is a lease car. Knowing whether a car is owned or is leased/hired is crucial for us to give advice.
Under the legislation, the owner of the vehicle as recorded on the V5C Registration Certificate for the vehicle has responsibility for payment or appealing, but hire and lease companies can submit reps that they are a hire/lease company, and pass on name and address of the hirer on the date of the alleged c ontravention. A second PCN is then served on that name and address and the first one cancelled.
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Looking at the photo I must have turned right. It was late at night and I genuinely didn’t see any clear or obvious sign saying I couldn’t go right. I’m not from that area, although I’ve driven through that road many times before, so I was really shocked to receive a PCN letter.
Does anyone know if first-time contraventions are ever cancelled, especially if the restriction looks very new?
They sometimes are. If you want to fight it, you must be prepared to forego the discount, and take them to London Tribunals. For advice on this, we'd need to see photos of the signage, incl. whether there are any advance warning signs, especially for those making a left turn.
Just an update. I got home and just realised I never got a letter in the post from the rental company or at my house. So, the fine to this the went up to £180 and they sent me a email on 12/02.
Can I send an email to Hertz explaining they liable for the fine as I never for a copy of the fine in the first place so I couldn't pay the fine within the 14 day window?
T & Conditions - https://resources.hz-hertz.com/publishing/publishing/terms/URP_Rental_Terms_Feb25.pdf
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Thank you for your reply. I will try do get a photo as soon as I can.
I don't know if anyone has come across this but any suggestions or help would be appreciated. I have emailed enquiries@lbhfparking.com.
Dear Sir/Madam,
I am writing regarding PCN Number xxxxxx (Car Registration: xxxxx, Date of Notice: 16/01/2026) issued by the London Borough of Hammersmith and Fulham.
I am currently on holiday with very limited internet access. I have only just checked my emails and saw correspondence from my rental company, dated 12 February 2026, informing me that a fine had been issued. I have attached a screenshot of their email for your reference.
As I have been away and without reliable internet access, I was unaware of this PCN. There has also been no one at my home with knowledge of this matter. Had I been aware of the notice earlier, I would have submitted an appeal immediately.
Upon attempting to log into the council’s website to review and appeal the PCN, I have unfortunately been unable to access the system. I have attached a screenshot showing the issue I encountered when trying to log in.
I have now noticed that the PCN charge has increased to £180 Given that I have only just become aware of the notice due to the circumstances explained above, I respectfully request that you consider resetting the case to the original amount and allowing me the opportunity to formally appeal.
I would be grateful for your understanding and assistance in this matter. Please let me know if you require any further information from me.
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Looking at the photo I must have turned right. It was late at night and I genuinely didn’t see any clear or obvious sign saying I couldn’t go right. I’m not from that area, although I’ve driven through that road many times before, so I was really shocked to receive a PCN letter.
Does anyone know if first-time contraventions are ever cancelled, especially if the restriction looks very new?
They sometimes are. If you want to fight it, you must be prepared to forego the discount, and take them to London Tribunals. For advice on this, we'd need to see photos of the signage, incl. whether there are any advance warning signs, especially for those making a left turn.
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Looking at the photo I must have turned right. It was late at night and I genuinely didn’t see any clear or obvious sign saying I couldn’t go right. I’m not from that area, although I’ve driven through that road many times before, so I was really shocked to receive a PCN letter.
Does anyone know if first-time contraventions are ever cancelled, especially if the restriction looks very new?
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Looks like a very new restriction, because no signs are there for it on this GSV view of July 2025.
https://maps.app.goo.gl/hq7reAk2iLmfBJRx6
(I'm assuming this is the junction)
Do you turn right or left into this street ?
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Hi, I have received a PCN dated 16th of January 2026 for a journey made RMV Sawley Rd Westbnd nr Jet Bloemfontein Rd (va). The contravention is 52M Failing to comply with a prohibition on certain types of vehicles(Motor Vehicles). The alleged contravention was detected by a Camera/Operator known as VA 147 and is supported by recorded video evidence. It was 22.25 at night and I've been using this route many times and the signage was unclear or inadequately so there's been a recent change to the regulation.
The Link to the fine: https://file.kiwi/7f8fea92#zXDWUnp0blSDQnhF3bWU7A
Could anyone please kindly suggests how do I avoid paying the PCN. Any reply will be highly appreciated.