Free Traffic Legal Advice

A couple of days back I have got a PCN from the London Borough of Brent, the first page of the notice  which goes something like this

The London Borough of Brent believes that you are liable to pay a penalty charge with respect to the above vehicle, for the following alleged Contravention Code 53J .
Failing to comply with a restriction on vehicles entering a pedestrian zone

In XXXXXX HA3 on 18/03/2024 of 15:XX hours The alleged contravention was noted by an enforcement officer who was observing real time pictures from a roadside camera at  the time stated

DO NOT IGNORE THIS NOTICE You are legally responsible for dealing with this notice. Do not pass this notice to the driver

A PCN of £130.00 is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice (Date of service is considered to be 2 working days from the date of the Notice.) If it is paid before end of the period of 14 days beginning with the date of this notice the amount payable is reduced to £65.00 Payment should be sent to London Borough of Brent (Parking Services), PO Box 210, Sheffield, S98 1NE (See overleaf for more details of how to pay).

OR, if you believe you have a good reason not to pay the PCN, you should write to us explaining why (see the Representations section overleaf). Although there are specific legal grounds for making representations, we will consider exercising our discretion and may cancel the notice if there are suitable mitigating circumstances (i.e. if we believe that there is a good enough reason). We may disregard any representations received after the period of 28 days beginning with the date of service of this PCN. We may then send you a Charge Certificate seeking payment of this increase amount

Now the vehicle was handed over to the garage on the 13thMarch as the engine light was lighting up amber. They suggested that the timing chain has to be replaced and some other aspects.  I collected the car at around 17:00 hrs on 18/03/2024  from the garage and have TFL proof about the travel to the garage for the same. In short I wasn't the person driving it at the time of the incident . I haven't informed the garage yet about it as the next page of the notice is a bit confusing .

The 2nd page of the notice says

Representations:
As mentioned above, if there is any reason why you think you should not have to pay the PCN, please tell us and give details in the space provided below. You may make representations to us against the issuing of the PCN online at www.brent.gov.uk/parking or by post to London Borough of Brent (Parking Services), Box 210, Sheffield, S98 1NE or via email parking.reps@brent.gov.uk. Please include any available supporting evidence. Representations must include the name, postal address and signature of the person making them. If representations are made online then the name of the person making them must be entered, and will be taken to be the signature of that person. The London Borough of Brent may disregard any representations received outside the period of 28 days beginning with the date of service of the PCN. The statutory grounds for making representations are listed below. Whether or not any of the statutory grounds apply, you may also give other compelling reasons why we should cancel the penalty charge or refund any sum paid on account of the penalty charge.

The statutory grounds for representation are:

 option A>  I was never the owner of the vehicle in question, or had ceased to be its owner before the date on which the penalty charge was alleged to have become payable; or became its owner after that date if you sold the vehicle before the date of the contravention or bought it after the date, you must tell us the name and address of the person who bought it from you or sold it to you, if you know it. Please supply whatever evidence of the sale you may have (e.g. a sales receipt).

option B> There was no contravention of a prescribed order, or failure to comply with an indication-please explain why you think there was no contravention of a traffic order or why there was no failure to drive the vehicle in the way shown on the sign.

option C>At the time the alleged contravention or failure took place the person who was in control of the vehicle was in control of the vehicle without my consent-if the vehicle had been stolen, please provide details of the police crime reference number.

option D>We are a vehicle-hire firm and the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and the person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice issued in respect of the vehicle during the currency of the hiring agreement-please supply a copy of the signed agreement including the name and address of the hirer.

option E>The penalty charge exceeded the amount applicable in the circumstances of the case - if you think you are being asked to pay more than you should legally pay.

To me option C> seems the closest. However the vehicle was not stolen but handed over to the garage, though I don't think that gives consent to drive around  ( not sure if it was test-drive or whatever ) .

  As I haven't contacted the garage yet, I would like to know the thoughts of the forum members before I approach the garage and reply to this notice.
Thanks in advance.