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Civil penalty charge notices (Councils, TFL and so on) / Re: RYE LANE JUNCTION HANOVER PARK 29/04/26
« on: May 11, 2026, 04:07:51 am »
Hey! Hippocrates is right they cannot serve a charge certificate 28 days from the date of the notice. By law, you have 28 days from the Date of Service (when it arrives) to challenge it. By saying they can increase the charge 28 days from the Date of Notice, they are effectively threatening to fine you more before your legal window to challenge has actually expired. You can cancel it under ground of procedural impropriety. You have to read into the law for London Local Authorities and Transport for London Act 2003. In essence look below:
This is your right to make representation 28 days on serving.
https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
Under Schedule 1, Paragraph 5 (2)(a) of the 2003 Act:
"Charge certificates
5(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;"
_____________________________________
This is 28 days after notice.
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
Under Section 4, Paragraph 4 (
(a)(iii)(v)(viii) of the 2003 Act:
"(8)A penalty charge notice under this section must—
(a)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;
(viii)that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and"
_________________________________
Therefore:
The PCN is non-compliant with Section 4(
of the 2003 Act.
Conflation of Dates: The PCN incorrectly states that a Charge Certificate may be issued 28 days from the Date of Notice. Under the Act, a Charge Certificate can only be issued after 28 days from the Date of Service.
Prejudice: This wording is confusing and prejudices the recipient by suggesting the time to pay/challenge is shorter than it legally is.
The PCN is defective as it fails to comply with the mandatory requirements of Section 4 (
(a) of the London Local Authorities and Transport for London Act 2003. By stating a Charge Certificate may be issued 28 days from the Date of Notice, the authority is threatening to increase the charge before the statutory period for making representations (28 days from the Date of Service as per Schedule 1) has expired. This conflation of periods creates a lack of clarity and constitutes a procedural impropriety.
_________________________________
You can read a post Hippocrates managed to get appealed:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/53j-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedest-10716/msg118293/#msg118293
Here is a drive link he has on it too
https://drive.google.com/file/d/1WSBVHktf6Yu3twJANacn8mmlTQKt1-t_/view
You can appeal first, but most likely they will deny it and make you pay as the london council and government are out for your money with no care of context or situation. It'll most likely be tribunal where they'll appeal it.
This is your right to make representation 28 days on serving.
https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
Under Schedule 1, Paragraph 5 (2)(a) of the 2003 Act:
"Charge certificates
5(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;"
_____________________________________
This is 28 days after notice.
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
Under Section 4, Paragraph 4 (
(a)(iii)(v)(viii) of the 2003 Act:"(8)A penalty charge notice under this section must—
(a)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;
(viii)that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and"
_________________________________
Therefore:
The PCN is non-compliant with Section 4(
of the 2003 Act.Conflation of Dates: The PCN incorrectly states that a Charge Certificate may be issued 28 days from the Date of Notice. Under the Act, a Charge Certificate can only be issued after 28 days from the Date of Service.
Prejudice: This wording is confusing and prejudices the recipient by suggesting the time to pay/challenge is shorter than it legally is.
The PCN is defective as it fails to comply with the mandatory requirements of Section 4 (
(a) of the London Local Authorities and Transport for London Act 2003. By stating a Charge Certificate may be issued 28 days from the Date of Notice, the authority is threatening to increase the charge before the statutory period for making representations (28 days from the Date of Service as per Schedule 1) has expired. This conflation of periods creates a lack of clarity and constitutes a procedural impropriety._________________________________
You can read a post Hippocrates managed to get appealed:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/53j-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedest-10716/msg118293/#msg118293
Here is a drive link he has on it too
https://drive.google.com/file/d/1WSBVHktf6Yu3twJANacn8mmlTQKt1-t_/view
You can appeal first, but most likely they will deny it and make you pay as the london council and government are out for your money with no care of context or situation. It'll most likely be tribunal where they'll appeal it.