Free Traffic Legal Advice

Dear Sir or Madam,

I make representations against the above PCN on the ground that the alleged contravention did not occur.

The PCN alleges a failure to comply with a “prohibition on certain types of vehicles (52J)”. This description is vague and generic and fails to specify which class of vehicle was prohibited at the location (e.g. motor vehicles, goods vehicles, motorcycles, etc.).

Contravention code 52 encompasses multiple distinct prohibitions, each corresponding to a different traffic sign and legal restriction. A PCN must clearly and accurately convey the nature of the alleged contravention so that the recipient can understand the allegation and make informed representations. In this case, the PCN does not do so.

This principle has been confirmed by adjudicators. In Stanmore Quality Surfacing Ltd v London Borough of Havering (223050945A, 2240046992), the adjudicator held that a PCN must properly and unambiguously describe the contravention alleged. Where the description is unclear or incomplete, enforcement cannot be sustained. Similarly, in Roger Marlow v London Borough of Brent (223050929A), the adjudicator found that ambiguity in the contravention description is prejudicial and renders the PCN unenforceable.

The most obvious ground for making representations is that the penalty doesn't state what type of vehicle is prohibited, as per these cases:
1) Roger Marlow v Royal Borough of Kingston Upon Thames (2170021610, 23 February 2017) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1lEGiMYisrwPJkHb8oz-Qdq2CByNSeeSu/view
2) Stanmore Quality Surfacing Ltd v London Borough of Brent (223050929A, 13 January 2024) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1L3OEwynmO8a3iWg8Qs5pPSE8BlA_3Nl-/view
3) Stanmore Quality Surfacing Ltd v London Borough of Havering (223050945A, 13 January 2024) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1MEAhzT8Df7MWJhCskE7Fnl5KnqII0DQz/view
4) Stanmore Quality Surfacing Ltd v London Borough of Havering (2240046992, 23 March 2024) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1vYAHQpakhduws7lEvJVV6EcoshW6xoXb/view

As drafted, the PCN does not identify the specific prohibition allegedly breached, nor the vehicle class said to be prohibited. This creates uncertainty as to the nature of the alleged contravention and fails to meet the required standard of clarity and fairness.

Accordingly, the enforcement authority has not discharged the burden of proving that a contravention occurred. I therefore request that the PCN be cancelled.

Yours faithfully,