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Messages - leepox

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1
Bump ^

I take it that I'll have to cough up £80?

2
hi, here's what I submitted on the online submission form:

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Question 1 : 'Please explain in as much detail as possible why you think your PCN should be cancelled
Answer : 'I am challenging PCN EF99478889 on the ground of procedural impropriety. The PCN fails to comply with Section 4( 8 ) of the London Local Authorities and Transport for London Act 2003, which requires it to state that the penalty must be paid within 28 days from the date of the notice and that, if not paid by the end of that period, an increased charge may be payable.

Enfield’s PCN instead states:

“If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240.00 may be payable.”

This wording is non-compliant and misleading, as it substitutes “date of service” for “date of notice” and implies a charge may increase even if representations are made. This ambiguity prejudices the motorist and renders the notice invalid.

Please see my attached full letter (PDF) for detailed reasoning and references.'

Question 2 : 'Would you like to upload any other documents to support your case?'
Answer : 'Yes'
Question 3 : 'Please upload a copy of your supporting document(s)'
Answer : 'File uploaded'

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And then I attached the following letter:

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Subject: Formal Representations against PCN No: EF99478889
Vehicle Registration: YH09 CDV
Date of Notice: 05/11/2025
Contravention Code: 52M Failure to comply with the prohibition of motor vehicles
________________________________________
To whom it may concern,
I am writing to make formal representations against the above Penalty Charge Notice (PCN) on the grounds that the PCN fails to comply with the mandatory requirements of Section 4( 8 ) of the London Local Authorities and Transport for London Act 2003, thereby constituting a procedural impropriety.
________________________________________
1. Failure to Include Mandatory Information
Section 4( 8 ) of the 2003 Act sets out the information that must be contained within a penalty charge notice. Specifically, it requires under subsection (iii) and (v) that the PCN must state:
“(iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;”
“(v) that, if the penalty charge is not paid before the end of the 28-day period, an increased charge may be payable.”
However, the PCN issued by Enfield Council instead states:
“If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240.00 may be payable.”
This wording is not compliant with the statutory requirements for the following reasons:
• The legislation requires the 28-day period to begin with the date of the notice, not the date of service.
• The PCN’s wording conflates the payment and representation periods, creating ambiguity as to when the increased charge may be applied.
• It does not clearly state that no increased charge or charge certificate will be issued if representations are made within the 28-day period.
As has been observed in similar adjudications, this creates uncertainty for the motorist and fails to convey the mandatory legal position that making representations within the 28-day period prevents any escalation of the charge.
________________________________________
2. Resulting Ambiguity and Prejudice
The PCN as issued gives the misleading impression that the charge may be increased even where representations have been duly submitted within the statutory period. This uncertainty is prejudicial to the recipient and renders the notice non-compliant with the Act.
This defect has been recognised in previous adjudications where councils have been found to have used non-compliant wording, resulting in appeals being allowed on the grounds of procedural impropriety (e.g. Eleanor Macwhinnie v London Borough of Hounslow, Case reference 2250221909).
________________________________________
3. Conclusion
For the reasons stated above, the PCN fails to comply with the statutory requirements of Section 4( 8 ) of the London Local Authorities and Transport for London Act 2003. Consequently, the PCN is invalid and unenforceable, and I respectfully request that it be cancelled forthwith.
Please confirm in writing that the PCN has been cancelled.

Kind regards,
XXX

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3
Hi all - just to update. My appeal has been rejected. Here's the letter.

Is it worth continuing to appeal? Or is it time to cough up valuable hard earned cash for a silly PCN?


4
OP, do you have a photo of the regulatory sign pl.

I'm interested in its form which then leads to what contravention could be committed. Similarly, is it 24/7? If so, how can you possibly access your property with a second car when households are limited to one permit? Perhaps you can elect which car to put on the permit at any time/on any day. If so, pl explain this in more detail.

Screen capture of the restricted entry point:
https://ibb.co/ns2YRSGw

There's a single access road without restrictions that ALL households  had to use to enter/exit the residential area. It's only recent  that the "back road" where this LTN was in plce since 5 years ago ish has been re-opened again to residents.

5
Thanks Hippocrates - I've read your link, and just to  make sure I got this right:

Mandatory information is missing pertaining to https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted:

(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

Pertaining to: Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;


Since the statement in the pcn:

"If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240.00 may be payable..."

As you have noted is:

"It is, therefore, not clear to the motorist that there will be no liability to an
increased charge and a Charge Certificate if representations against the
PCN are made within the 28 day period."


Which is what makes this PCN invalid?

7
To cut a long story short, I drove through the ANPR for our LTN area with the wrong car which is also registered to the same address as our other car which has an LTN permit (LTN residents permit is limited to one per household). This is fairly newly implemented (about a month) for local residents to be able to drive through. I had to use the other car that day and muscle memory kicked in since I always drive the other car with a permit for my commute - I knew I screwed up the moment I went past the ANPR.

I've got a day or two left for the discounted 14 day period.


Do I have grounds to ask for leniency?

Document scans here:

https://ibb.co/x8GD7LDW
https://ibb.co/XfJRkmt8
https://ibb.co/35wSsksX

8
Yes you're absolutely right, I was running late for my class hence why I darted out the car and took the next signed post as gospel.

I'll  try to see and ask for leniency by providing the Ringo receipt, that I had clear intentions, and a genuine "my bad" reason as to why I missed the signage.

9
I parked on a street parking bay nearby a post with a signage for the Ringo payment reference code. I received a PCN by the time I returned to my car and realised that the bays I have parked may not be part of the pay and display section. My mistake was assuming that all the nearby parking bays were pay and display including the one I was in. I now know that clearly the post right beside my car specifically shows resident only parking (which I genuinely missed on the day).

I was parked on the bay at this exact spot/bay in front of the house with a white garage door (the parking signage with the ringo code is towards the nearby junction): https://maps.app.goo.gl/DuApbpgjW9pN3QZC9

Do I have grounds to appeal? Can I ask for leniency given that I paid for parking and a genuine mistake for not parking on the bays just across mine (which were empty at the time I parked up from what I can remember)? Or do I just take this one on the chin to learn to read better next time.


PCN and Evidence: https://imgur.com/a/jQbLjHY

RingGo receipt: https://imgur.com/a/YeCZYb6

10
Ahh I completely missed that. Thanks!

11
Is the location within a controlled parking zone?

As far as I'm aware, there are no signage (example that stamfordman showed) to say it is a controlled zone on both the north and south entrance for Clissold road.

And a bit more context, I was driving from Green Lanes ( a non controlled area) turning into Stoke Newington Church Street, which as shown on the map is the start of Zone M and there's absolutely no signage at all at the entrance of this controlled zone area (or anywhere along this road leading up to Clissold Road).


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12
Thank you all - in that case, I will put this up to experience and in the future check the football scores whilst I'm at it.

13
I got a PCN during an event day as I was parked during the extended period (up to 8:30pm vs the normal 6:30pm). I usually park on this spot as I have dance lessons from 5:30pm on a nearby studio, so I always buy a parking ticket via RingGo app to park from 5:30-6:30pm, and this day was no different.

I was expecting a signage specifying when the next event day is (having parked on streets around the Emirates/Arsenal stadium where bays are marked clearly as Zone G, Zone G2, Zone M, etc.) as per the guidelines on Hackney's website here: https://hackney.gov.uk/matchday-parking

Given the distance from Arsenal stadium (around 1 mile), I never associated this parking spot with football matches, and I expected that the signage would be clear(it does not even specify what zone it is in) if there is an event going on (since it's in such an obscure area). I know there's a number at the bottom of the signage to call a number for events information that I should have bothered to check everytime I parked there.

Do I have grounds to contest this? Or is this a case of, "should have read the signs properly and gave the events information number a call"

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