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Messages - mdar50743

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1
Look at my #3. No really useful advice can be given until we see the signage and if there are any advance warning signs on your approach.
There may also be a "technical" appeal argument, so wait and see if anything is suggested, but don't miss the payment/appeal deadline.

Thank you for your reply. I received the PCN addressed to me on the 20/03.

I have drafted a email response. Could anyone please check it and add or delete anything that is required.




Dear Sir or Madam,
I make formal representations against the above Penalty Charge Notice on the ground that the alleged contravention did not occur. In the alternative, I rely on compelling mitigating circumstances and procedural impropriety.
 
1. The restriction was not adequately conveyed (Regulation 18 breach)
Under Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the authority is under a duty to ensure that traffic signs adequately convey the effect of any restriction.
At this location, the signage fails this requirement for the following reasons:
•   There is no adequate advance warning of the restriction prior to the point of commitment.
•   The restriction signage is positioned at an angle such that it is not clearly visible to approaching motorists until it is too late to safely comply.
•   The signage is small, visually cluttered, and not sufficiently prominent relative to surrounding signage.
It is well established in tribunal decisions that a restriction is unenforceable where a motorist is not given sufficient opportunity to see, understand, and comply with the restriction before committing to the manoeuvre.
 
2. Inadequate visibility at night
The alleged contravention occurred at approximately 22:25 hours. At this time:
•   Lighting conditions were poor
•   The signage was not sufficiently illuminated or reflective
•   The restriction was not reasonably visible to a driver exercising due care
A restriction that is not clearly visible in night-time conditions cannot be said to be adequately conveyed.
 
3. Failure to provide advance warning
The restriction is part of a recently introduced Low Traffic Neighbourhood (LTN) scheme in the Wormholt area.
There is no adequate advance signage alerting drivers prior to entering Sawley Road that motor vehicles are prohibited ahead. As a result, the restriction only becomes apparent after the driver has already committed to the route.
Tribunal decisions consistently confirm that:
A driver cannot be expected to comply with a restriction that is only visible after the point of commitment.
 
4. Signage orientation and positioning
Evidence from this location shows that:
•   Restriction signs are positioned at an angle (effectively side-on) to approaching traffic
•   In some cases, signage faces traffic from the opposite direction
A sign that is not facing oncoming traffic does not satisfy the legal requirement to adequately convey a restriction.
 
5. Legitimate expectation & recent scheme
I have used this route on previous occasions without any restriction being apparent. The introduction of this scheme appears to be recent.
Where a new restriction is introduced, the authority is expected to ensure:
•   Clear and prominent signage
•   Adequate warning to regular users
This has not been achieved.
 
6. Supporting case principles
I rely on established tribunal principles that:
•   A PCN must be cancelled where signage is unclear, inadequately positioned, or not visible in prevailing conditions
•   Restrictions must be communicated clearly before the decision point
•   Enforcement cannot rely on signage that requires unsafe or last-second manoeuvres
These principles have been repeatedly upheld in London Tribunal decisions, including cases involving the London Borough of Hammersmith & Fulham.
 
7. Request for evidence
Should the authority not cancel the PCN, I require the following:
•   The Traffic Management Order for this restriction
•   Full signage layout plans
•   Evidence of signage positioning and orientation on the date in question
•   Maintenance and illumination records
•   The full CCTV footage
 
Conclusion
For the reasons set out above, the restriction was not adequately conveyed and the alleged contravention did not occur.
I therefore request that the PCN be cancelled.
If the authority is not minded to cancel, I will have no hesitation in pursuing this matter to adjudication.

Yours faithfully,

2
Bump

Just curious if anyone has advice to appeal this.

4
Is/was the vehicle hired for a period of less than 6 months or is it leased?

It's vitally important.

I can confirm the car was hired less than 6 months

5
OK. So until you get a PCN with your name and address at the top, you can do, (and should do), nothing.

On receipt of the representations from Hertz, the council cancel the first PCN, then have 28 days to send out a second PCN to you. At that point, you can either pay the discount, or submit representations.

Hi, just an update. I have been transferred the liability and this is the link:

https://imgpile.com/p/ycf9FDr

Any advice to appeal would be appreciated.

6
OK. So until you get a PCN with your name and address at the top, you can do, (and should do), nothing.

On receipt of the representations from Hertz, the council cancel the first PCN, then have 28 days to send out a second PCN to you. At that point, you can either pay the discount, or submit representations.

Apology for the delayed reply. I’ve been quite sick.

Thank you for your reply.

When I checked the Council Website I have no idea why the fine is now at £160 even though I never had any prior knowledge about it. I am assuming that Hertz have made administrative error that's meant that I never received the fine.

I have asked a friend to make photos for me about the contravention.

Link to the photos for any appeal: https://imgpile.com/p/2Lp9o54



7
So who's name and address was on the PCN you received ?  This is the first time you'v e mentioned that it is a lease car. Knowing whether a car is owned or is leased/hired is crucial for us to give advice.

Under the legislation, the owner of the vehicle as recorded on the V5C Registration Certificate for the vehicle has responsibility for payment or appealing, but hire and lease companies can submit reps that they are a hire/lease company, and pass on name and address of the hirer on the date of the alleged c ontravention. A second PCN is then served on that name and address and the first one cancelled.

I think the links to the PCN isn’t working I have uploaded them again:
https://imgpile.com/p/vNJ3k4t#Rjk8QIG
https://imgpile.com/p/vNJ3k4t#dQtCdRF
https://imgpile.com/p/vNJ3k4t#x16igph

The name and address was the leasing company (Hertz).

I understand what you have mentioned, I never got any information form the Hire company until 12/02 by email:

Dear Sir,

We have been notified of a traffic offence committed for the period during which the vehicle with registration xxxxxx  was in your possession.

Your details have been passed to the relevant authority and if you have not already done so, you will soon a Penalty Charge Notification directly from the authority addressed to you. At this point you can appeal the ticket directly with the authority if you so wish.

There are circumstances where the authority rejects our application to transfer liability to you; in which case, we will notify you once we receive the Notice. It is imperative that you deal with the Notice immediately upon receipt.

Please, note that if the fine fee has been increased at the time if this fine notification, don't pay the increased fee as this copy of the ticket is for information purposes only for you.

We transferred the liability of the fine to you within 28 days as per the rules. Hence, you should not pay the increased fee. We will advise you appeal to the local authority to return the fee to its original charge while explaining their rule.

As per the rental agreement, there is an administration fee of 20.00 per fine which is now paid on your account. Please find the attached copies of the fine and the invoice can be located on your app.

Please only reply to this email if you require assistance and ensure you follow the above instructions. If you haven’t followed the above instructions, then we are unable to assist you further.

Kind regards,
Hertz


8
Looking at the photo I must have turned right. It was late at night and I genuinely didn’t see any clear or obvious sign saying I couldn’t go right. I’m not from that area, although I’ve driven through that road many times before, so I was really shocked to receive a PCN letter.

Does anyone know if first-time contraventions are ever cancelled, especially if the restriction looks very new?
They sometimes are. If you want to fight it, you must be prepared to forego the discount, and take them to London Tribunals. For advice on this, we'd need to see photos of the signage, incl. whether there are any advance warning signs, especially for those making a left turn.

Just an update. I got home and just realised I never got a letter in the post from the rental company or at my house. So, the fine to this the went up to £180 and they sent me a email on 12/02.

Can I send an email to Hertz explaining they liable for the fine as I never for a copy of the fine in the first place so I couldn't pay the fine within the 14 day window?

T & Conditions - https://resources.hz-hertz.com/publishing/publishing/terms/URP_Rental_Terms_Feb25.pdf

9
Thank you for your reply. I will try do get a photo as soon as I can.

I don't know if anyone has come across this but any suggestions or help would be appreciated. I have emailed enquiries@lbhfparking.com.

Dear Sir/Madam,

I am writing regarding PCN Number xxxxxx (Car Registration: xxxxx, Date of Notice: 16/01/2026) issued by the London Borough of Hammersmith and Fulham.

I am currently on holiday with very limited internet access. I have only just checked my emails and saw correspondence from my rental company, dated 12 February 2026, informing me that a fine had been issued. I have attached a screenshot of their email for your reference.

As I have been away and without reliable internet access, I was unaware of this PCN. There has also been no one at my home with knowledge of this matter. Had I been aware of the notice earlier, I would have submitted an appeal immediately.
Upon attempting to log into the council’s website to review and appeal the PCN, I have unfortunately been unable to access the system. I have attached a screenshot showing the issue I encountered when trying to log in.

I have now noticed that the PCN charge has increased to £180 Given that I have only just become aware of the notice due to the circumstances explained above, I respectfully request that you consider resetting the case to the original amount and allowing me the opportunity to formally appeal.

I would be grateful for your understanding and assistance in this matter. Please let me know if you require any further information from me.

10
Looking at the photo I must have turned right. It was late at night and I genuinely didn’t see any clear or obvious sign saying I couldn’t go right. I’m not from that area, although I’ve driven through that road many times before, so I was really shocked to receive a PCN letter.

Does anyone know if first-time contraventions are ever cancelled, especially if the restriction looks very new?

11
Hi, I have received a PCN dated 16th of January 2026 for a journey made RMV Sawley Rd Westbnd nr Jet Bloemfontein Rd (va). The contravention is 52M Failing to comply with a prohibition on certain types of vehicles(Motor Vehicles). The alleged contravention was detected by a Camera/Operator known as VA 147 and is supported by recorded video evidence. It was 22.25 at night and I've been using this route many times and the signage was unclear or inadequately so there's been a recent change to the regulation.

The Link to the fine: https://file.kiwi/7f8fea92#zXDWUnp0blSDQnhF3bWU7A

Could anyone please kindly suggests how do I avoid paying the PCN. Any reply will be highly appreciated.

12
Non-motoring legal advice / Car Rental Damage Dispute
« on: March 02, 2025, 10:55:40 pm »
Rental Agreement:
https://jmp.sh/MLdk3WrS

Photos of Damage:
https://jmp.sh/HNgFYagm

I recently rented a car from Hertz where I collected.

On collection, I was given a printed written list of if there were any damages to the car where I had to go around and check off the if there were damage with what I could see on the vehicle. I had to do this myself and the staff did not show me round highlighting the any damage. There wasn’t any damage I could see and I was in a rush as I needed the car for work.
However, naively I did not take any photos at the time of collection. I have one photo of the vehicle taken one hour after collection where you can just about make out the car.

When I dropped the vehicle off the branch highlighted damage which they believed had not been recorded before. They produced photos of the vehicle which were not shown to me via email. The collection manager of the branch did not inspect the car with me and told me to close the rental and leave the keys. I did not sign any signature to accept any liability to this damage.

The description of the damage is a duplicate from the when I was originally given. I accept minor scratches and scuffs but not to the extent they have claimed.

I want to contest on two points. Firstly, I did not damage the vehicle to the extent they are claiming. Secondly, they have presented me with different/new evidence from what I was given on collection.  I believe being made to sign against a written list of damages but then being held to account against photo evidence is a manipulation.

I'd welcome any thoughts or advice on how to tackle this.

13
Video:

https://www.youtube.com/watch?v=RIODpsqpWac

I can see an easy way out:



@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here.

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.

I have got a reply from Ealing Council and they have rejected the appeal:

https://ibb.co/vhCnmNh

Please can you let me know how to proceed.

14
Private parking tickets / Re: PCN EV Charging McDonald’s Fine
« on: October 24, 2024, 10:47:17 am »
You've got to love "...gotten it."  ::)

Rental Agreement: https://beige-gelya-23.tiiny.site/

This is the email I wrote to Hertz and attached PDFs:

Dear Hertz,
I hope this message finds you well. I am writing to inform you that I have compiled a complete and detailed list of all fines accumulated during my recent rental period. Please find the list attached for your review and a complete breakdown below:

7 Fines from APCOA:
APCOA
1ST September 2024
HF 1169 3881
 
AOCOA
4TH September 2024
HF11641298
 
APCOA
10TH September 2024
HF11693881
 
AOCOA
18 August 2024
HF 1153 277A

AOCOA
17th August 2024
 HF 1152 998A

APCOA
26th August 2024
HF11529984

AOCOA
26 August 2024
HF 1164 1298

===============================================================

1 Fine from Hammersmith And Fulham Council

Hammersmith And Fulham Council
28 August 2024
HZ8435138A

===============================================================

8 Fines from MET Services Parking


MET Services Parking
Date of Convention: 11th August 2024
AB30120109
 
MET Services Parking
Date of Convention: 13th August 2024
AB30131882
 
MET Services Parking
Date of Convention: 14th August 2024
AB30140958
 
MET Services Parking
Date of Convention: 16th August 2024
AB30153134
 
MET Services Parking
Date of Convention: 17th August 2024
AB30161905
 
MET Services Parking
Date of Convention: 18th August 2024
AB30169205
 
MET Services Parking
Date of Convention: 19th August 2024
AB30179196
 
MET Services Parking
Date of Convention: 24th August 2024
AB30314058

===============================================================

I have accumulated 16 Fines only received the sum of £545. That is well below what I legally should have received. You have charged me an admin fee to every fine which I never had to chance to appeal. Hertz has charged me £95 for every single fine.
That is 16 fines at £95 each the total refund of £1520 has not been met.

10 Sep
£150
 
27 Sep
£95
£75
 
03 October
£75
£75
£75

If you are still unable to comprehend the seriousness of this issue, I suggest you escalate this matter to your superiors or, if necessary, directly to Hertz's legal advisors. I will not hesitate to initiate litigation to recover the funds you have unlawfully taken from me, as well as any additional costs incurred.

This is my final request for a full refund of the amount Hertz wrongly paid on my behalf. I also demand that Hertz conduct an internal review to ensure this incompetence does not continue to affect other customers.

I expect a prompt and appropriate response.
Yours sincerely,
xxxx xxxx


I got a reply from Hertz from Laura Morgan, Operations Accountant Manager:

Dear Mr xxxx,
 
Thank you for your email, this has been passed to myself to review.
 
Please find attached the rental agreement for your PCO vehicle with us. We would like to highlight the relevant terms with regards to the traffic offences process.
 
Please refer to point 16
“By signing this rental agreement I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice, notice to owner, parking charge notice for that vehicle under s66 Road Traffic Offenders Act 1988, Schedule 6 Road Traffic Act 1991, Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation”
 
Page 8
“FINES, TOLLS, AND OTHER CHARGES You are responsible for all fines, road tolls, congestion charges and other similar charges (including parking fines or charges) incurred in relation to the vehicle during your rental. Some of these will be sent to us for payment, which we will pay and recover from you by way of reimbursement. Alternatively, we may be required to provide your details to the relevant authority or other third party, who will contact you directly.  Where we pass your details to a third party this will be in accordance with our Privacy Policy.”
 
As we are a hire firm, we have the choice to either pay the offence or transfer the liability as per the statement in page 8 we pay our fines. This does not prevent you from appealing the ticket once it has been paid, as we supply you with a letter of authority from us to which you can then discuss the offence with the authority who send us the original ticket.
 
The rental agreement also allows us to remove funds accordingly as the first paragraph states
“By signing the Rental Agreement, you expressly accept all of the terms and conditions contained in this document and the Rental Terms. You expressly authorise us to securely store your payment card details and use them for charges incurred in connection with this rental, including any requested extension, without further authorisation from you.”
 
Please note our process is automated and our car control team pay all fines, and this is system driven therefore at this moment in time this process is unable to change. However, this process will be reviewed in due course.
 
I have reviewed the refunds, and I can see that we have billed and refunded the following:
 
9 fines @ £95.00 = £855.00 (Please note some of these fines were refunded yesterday therefore is within the banking process)
4 fines @ £75.00 = £300.00 (Please note some of these fines were refunded yesterday therefore is within the banking process)
1 fine @ £39.37 = £39.37
Total refund = £1194.37
 
There is only one fine which is left as not refunded on our system with is from Fulham council – please can you advise the outcome of this appeal.
 
We hope this resolves your query.
 
Many Thanks
 
Laura Morgan
Operations Accountant Manager
Tel 01895 553520
Web: www.hertz.com
Email: laura.morgan@hertz.com


I honestly think she completely doesn't understand the whole point of these chain of emails. There is only one fine which is left as not refunded on our system with is from Fulham council – please can you advise the outcome of this appeal. How can I tell her the outcome of an appeal if the process is taken away from me? Your really eloquent email reply made sense and made a very compelling case.

I have accumulated 16 Fines only received the sum of £545. Hertz has charged me £95 for every single fine.

That is 16 fines - £60 for the Fine and £29.17 for Admin Fee + £5.83 VAT = £95

The total refund of £1520.

Could you please advise what I can say to her?

15
Private parking tickets / Re: PCN EV Charging McDonald’s Fine
« on: October 15, 2024, 12:26:54 pm »
You've got to love "...gotten it."  ::)

Thank you everyone. I will keep you updated and will let you know when I "gotten" whole of my refund  ;D

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