DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 127398--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: tincombe
Date: August 10, 2026, 6:51 am
---------------------------------------------------------
I cannot see any adjudicator guessing that in actuality a letter
might have been delivered on a Sunday when their safe and IMO
legally-based alternative is to apply the 2 working days
definition of service. Similarly, I cannot see any authority
arguing this point.
IMO, this is solid ground for cancellation.
OP, post the back of one of the PCNs, you've only posted the
front.
#Post#: 127401--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: espindel
Date: August 10, 2026, 7:51 am
---------------------------------------------------------
Here are the backs of both PCNs. Also the Representations form
which came with both.
HTML https://drive.google.com/file/d/1Eyx9nYv3a1dhOlujdm5pZbjRjWwxHZlC/view?usp=sharing
HTML https://drive.google.com/file/d/14Anu_KpMD5-kl8KzN2meWm3zdPTXRccj/view?usp=sharing
HTML https://drive.google.com/file/d/1z3qXKxpHrFAS2b5EgAY9fLFDxrJExZy2/view?usp=sharing
HTML https://drive.google.com/file/d/1h6agu-MAMmjXGrjI9pzy2mhGR5p8ZtIp/view?usp=sharing
I mentioned before that the Lambeth website has some
discrepancies in the dates / statuses of the PCNs. On the
website, the first PCN says it's at full rate stage, but further
down says that the amount outstanding is £80. It also states
that they replied to my appeal on 31/07 (whereas their NOR is
dated 03/08) and that I have until 22/08 to pay. Even if those
dates were correct, that doesn't add up to 28 days.
Same goes for the second PCN, which says they replied on 31/07
and that I have until 22/08 to pay.
Screenshots here:
HTML https://drive.google.com/file/d/12Sy4rVW_vlWkRhOQN077G4XchjSko6Xv/view?usp=sharing
HTML https://drive.google.com/file/d/1QPWs9EN2SIC3CbIjKBVsaSYD5qQMNbgd/view?usp=sharing
#Post#: 127419--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: fraser.mitchell
Date: August 10, 2026, 11:54 am
---------------------------------------------------------
--- Quote from: tincombe link ---
>
> I cannot see any adjudicator guessing that in actuality a
letter might have been delivered on a Sunday when their safe and
IMO legally-based alternative is to apply the 2 working days
definition of service. Similarly, I cannot see any authority
arguing this point.
>
> IMO, this is solid ground for cancellation.
>
> OP, post the back of one of the PCNs, you've only posted the
front.
>
--- End Quote ---
Glad to hear it.
#Post#: 127431--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: Hippocrates
Date: August 10, 2026, 2:56 pm
---------------------------------------------------------
As said: bide your time and do not file until the last day by
which time they may well have messed up.
#Post#: 127460--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: espindel
Date: August 11, 2026, 5:04 am
---------------------------------------------------------
Thank you, will do.
Just to be clear - I have until 1 September to file (i.e. 28
days from 03/08), not 22 August as stated on the website? And if
I receive a charge certificate before then..?
#Post#: 127473--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: Hippocrates
Date: August 11, 2026, 6:58 am
---------------------------------------------------------
--- Quote from: espindel link ---
>
> Thank you, will do.
>
> Just to be clear - I have until 1 September to file (i.e. 28
days from 03/08), not 22 August as stated on the website? And if
I receive a charge certificate before then..?
>
--- End Quote ---
You win.
#Post#: 127475--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: espindel
Date: August 11, 2026, 7:06 am
---------------------------------------------------------
Ok, great, thank you!
So the first PCN seems like it has a good chance of being
overturned.
For the second PCN, do I have any other grounds for
cancellation, or am I essentially waiting for Lambeth to make a
mistake that might invalidate the PCN? How likely is this? I'm
just wondering if it would be safer to settle at the discount
stage rather than take the risk of paying the full £160.
Is there any mileage in arguing that the lateness of the first
PCN meant that I had no opportunity to realise my mistake? The
first contravention occurred on 15/6, the second on 2/7, but I
didn't get served the first PCN until at least 13/7. Had I
received this earlier, I would obviously have rectified the
error.
Or, is there any way that the discrepancies/inconsistencies in
Lambeth's communication about the dates/amounts owed might work
in my favour?
There's still the question of whether Lambeth had an obligation
to inform me of the school street restrictions, as a leaseholder
with a property on the street and a resident's permit - but I
can imagine they won't accept that..
Thanks again!
#Post#: 127476--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: espindel
Date: August 11, 2026, 7:10 am
---------------------------------------------------------
Also, if I settle at discount stage, what is the deadline for
doing so? The NOR states that I have 14 days from the date of
service (NOR is dated 03/08), but the website says I have until
22/08 to pay the £80. Which is correct?
#Post#: 127488--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: tincombe
Date: August 11, 2026, 8:29 am
---------------------------------------------------------
IMO, as regards what you must do for both NORs for submitting
appeals is to please forget their website AND the NORs.
The law:
Adjudication by traffic adjudicator
4(1)Where an enforcing authority serve a notice of rejection,
the person who made the representations under paragraph 1 above
in respect of which that notice was served may, before—
(a)the end of the period of 28 days beginning with the date of
service of that notice; or
(b)such longer period as a traffic adjudicator may allow,
appeal to a traffic adjudicator against the decision of the
enforcing authority.
So, the period during which you have a statutory right to appeal
is in the Act. Nothing to do with the council or the
adjudicator. The 28-day period is triggered by the date of
service of the NOR which, as with the PCNs themselves, is 2
working days after posting. The period is 28 days beginning on
the date of service, NOT 'from' or 'within' 28 days of the date
of service but BEGINNING on.
Both NORs are dated 3 August therefore you must appeal no later
than 1 Sept. in order to protect your statutory rights
IRRESPECTIVE of what the NOR and website say. The fact that
neither NOR conveys this info should IMO be grounds for a
successful appeal: informing you of your statutory rights of
appeal is one of the main duties of a council with a NOR.
The appeal forms enclosed with the NOR are required to contain
the date of posting of the NOR because these is copied to the
tribunal and used by them to calculate your statutory appeal
period.
You must appeal both PCNs even though one, for reasons I set out
above, was IMO served out of time.
As regards the 'discount' and 'Which is correct?', this has
nothing to do with formal procedure, it's purely something
offered by the council. Is it policy, who knows?
The offer in the NOR is clear, so no ambiguity arises here. The
problem you describe is a conflict between the website and the
NOR. But given the council's complete failure to send you a
coherent and legal NOR anyway, why would you be concerned about
the 'discount'?
#Post#: 127494--------------------------------------------------
Re: 2 x PCNs for entering a school street in Lambeth, Minet Road
DIR By: espindel
Date: August 11, 2026, 8:59 am
---------------------------------------------------------
Thank you for explaining. I wasn't aware that the NORs were not
compliant. So, the council's failure to inform me of my
statutory rights is solid ground for cancellation of both PCNs?
In which case, I will wait until the deadline to file. I'd be
very grateful for some assistance with wording the appeal.
*****************************************************
Page 3 of 5
DIR Previous Page
DIR Next Page