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Civil penalty charge notices (Councils, TFL and so on) / Re: Lewisham Council - 53j Failing to comply with a restriction on vehicles entering a pedestrian zone - Culverley Road
« on: October 31, 2025, 10:36:03 am »
Good Morning,
I wondered if anyone would be so kind as to give my draft below a quick once over.
@Hippocrates, I didn't quite follow the information at the link provided - am I also able to challenge on the grounds that the PCN is omitting mandatory information? If so should I add something to this effect to the below?
"I am writing to challenge the Penalty Charge Notice: <insert PCN number>
I challenge liability on the ground that the alleged contravention did not occur but even if it did, it must be de-minimis.
According to the clock in my car I passed the signs at 09:15, after the restriction had ended.
The signage was not accompanied by a clock demonstrating the time upon which the London Borough of Lewisham relies. In the absence of such, I was obliged to rely solely upon the time shown on my car’s clock meaning that some variation must be accepted between my vehicle’s clock and the clock on the enforcement authority’s camera.
But even according to your video I passed the signs with only 33 seconds remaining of the restricted period. The minimal and arguable timing is so close as to be considered immaterial. I would add that imposing such an unduly harsh penalty (a minimum of £80 with discount) is disproportionate for such a trivial transgression. The alleged contravention can only be considered a minimal infraction and the principle of de-minimis applies.
In light of the above the penalty charge should be cancelled."
I wondered if anyone would be so kind as to give my draft below a quick once over.
@Hippocrates, I didn't quite follow the information at the link provided - am I also able to challenge on the grounds that the PCN is omitting mandatory information? If so should I add something to this effect to the below?
"I am writing to challenge the Penalty Charge Notice: <insert PCN number>
I challenge liability on the ground that the alleged contravention did not occur but even if it did, it must be de-minimis.
According to the clock in my car I passed the signs at 09:15, after the restriction had ended.
The signage was not accompanied by a clock demonstrating the time upon which the London Borough of Lewisham relies. In the absence of such, I was obliged to rely solely upon the time shown on my car’s clock meaning that some variation must be accepted between my vehicle’s clock and the clock on the enforcement authority’s camera.
But even according to your video I passed the signs with only 33 seconds remaining of the restricted period. The minimal and arguable timing is so close as to be considered immaterial. I would add that imposing such an unduly harsh penalty (a minimum of £80 with discount) is disproportionate for such a trivial transgression. The alleged contravention can only be considered a minimal infraction and the principle of de-minimis applies.
In light of the above the penalty charge should be cancelled."