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#Post#: 127501--------------------------------------------------
London Tribunals appeal rejected, any other options?
DIR By: Normal
Date: August 11, 2026, 9:45 am
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If anyone has the experience or knowledge to help with this case
then I would be very grateful.
I've had my appeal rejected and the tribunal has ruled in favour
of the council (Brent).
The main query I have is them using - quote 'the balance of
probabilities' as a basis to uphold the charge. Are there
grounds to take this further based on the fact that no PCN was
handed to me and therefore no evidence that a PCN was handed to
me can ever be obtained. I suspect the enforcement officer
didn't have time to issue the PCN after I came to my car and
said 'what are you doing?' and he turned around and walked away
before I drove off. To be then suddenly hit with a penalty
notice demanding £160 for ignoring a PCN which never happened in
hand or on the vehicle.
Does this dismiss the validity of the issued PCN? Would any
court proceedings be favourable as it currently stands? Finally
am I able to at least just pay the early payment charge of £40
as no PCN was ever issued or received?
Thank you in advance for your time. I wish I had seen this forum
and posted before the appeal got to this stage.
#Post#: 127507--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: stamfordman
Date: August 11, 2026, 10:09 am
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What is the tribunal case number.
#Post#: 127517--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: Normal
Date: August 11, 2026, 10:58 am
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Hi the case number is 2260168904
#Post#: 127526--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: fraser.mitchell
Date: August 11, 2026, 1:37 pm
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--- Quote ---
> The main query I have is them using - quote 'the balance of
probabilities' as a basis to uphold the charge.
--- End Quote ---
The adjudicator is just repeating the civil law test, which is
different from the criminal law test of "beyond reasonable
doubt"
You have lost at the final stage of the process, so must now pay
the full PCN penalty. The next stage is Judicial Review which is
not just expensive, but if you lose you must pay the winners
expenses as well as your own.
#Post#: 127531--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: stamfordman
Date: August 11, 2026, 2:16 pm
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You can ask for a review of the decision.
The decision is not clear - what did you receive in the post = a
notice to owner or a 'prevention of service' PCN?
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Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
within 28 days.
Reasons
Introduction
This is an appeal against a Penalty Charge Notice issued by the
London Borough of Brent Enforcement Authority. The appeal was
determined as a postal appeal, in accordance with the
Appellant’s preference.
Appellant’s Case
The Appellant relies on the grounds of appeal that the
contravention did not occur, that the officer was not prevented
in serving the Penalty Charge Notice, and that the Traffic
Management Order is invalid.
The Appellant states that there are no clear markings of single
or double lines on the kerb. They further state that their front
and rear lights remained illuminated and that they had exited
the vehicle to check for signage. They state they were not
parked.
The Appellant states that the Penalty Charge Notice was not
handed to them nor placed on the vehicle. They state that they
approached the civil enforcement officer who turned around and
walked away. They further state that the Penalty Charge Notice
was not issued by the civil enforcement officer and that the
correct procedures were not followed. They ask for the Penalty
Charge Notice to be cancelled.
Enforcement Authority’s Case
The Enforcement Authority has provided the relevant Traffic
Management Order and photographs of the vehicle at the location
on double yellow lines on 19 December 2025 at 20:15. The driver
is not in the vehicle when the photographs are taken.
The Authority has provided evidence that the civil enforcement
officer observed the vehicle at 20:15 and photographs of the
vehicle were taken at 20:14. The civil enforcement officer’s
note states that the Penalty Charge Notice was handed to the
driver.
Representations were received from the Appellant but the
Enforcement Authority declined to exercise their discretion and
issued a Notice of Rejection on 3 March 2026.
Findings and Conclusion
I accept the evidence provided by the Enforcement Authority and
find that on the balance of probabilities a contravention has
occurred.
There are clear double yellow lines. The photographs show that
there was no driver in the vehicle at the time of the
observation and so I find as a fact the vehicle was waiting
where it should not be.
I further accept the evidence of the Enforcement Authority and
find that the Penalty Charge Notice had begun to be prepared at
20:14 when the photographs were taken. I also accept the
Enforcement Authority’s evidence that the Penalty Charge Notice
was handed to the driver. I do not find that ground made out.
I have not been provided with any evidence to support the
assertion that the Traffic Management Order is invalid, and so I
do not find that ground made out.
Decision
The contravention has occurred. The Appellant has not made out
any ground of appeal and as such this appeal is refused.
#Post#: 127535--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: fraser.mitchell
Date: August 11, 2026, 2:37 pm
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A good example of why one should never, ever, opt for a
papers-based hearing.
#Post#: 127536--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: tincombe
Date: August 11, 2026, 2:40 pm
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Parked or loading/unloading during a loading ban
No such contravention grounds IMO.
OP, show us the PCN and NTO pl.
As it happens, I was perusing ETA this afternoon(it keeps me off
the streets) and found a recent nonsense decision by Adjudicator
Marshall which was overturned on review.
#Post#: 127537--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: Normal
Date: August 11, 2026, 2:42 pm
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I was just sent a notice that the original PCN was not paid and
therefore is now £160 due, to which I appealed straight away. I
was never sent or received a PCN. The Prevention Of Service was
put in there in case they tried to claim that I was served a
notice but refused to take it. It makes zero sense I would not
appeal a PCN straight away but do so with the first lettered
correspondence I received. It seems that logic and lack of
evidence is not prioritised in the civil system and instead
based on he says, she says. Perhaps I should've request a copy
of the alleged PCN if that's even possible, to see the time
stamp and details etc but a bit late for that a the process has
taken around 9 months. Noted regarding papers-based... didn't
think it would matter if there's no evidence of a PCN even when
I'm sure they have bodycam and street cameras they could've used
to prove this.
#Post#: 127540--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: tincombe
Date: August 11, 2026, 3:04 pm
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Post the 'notice' and anything else you have from the authority.
And a GSV of where you were.
You have 14 days to request a review beginning on the date you
were notified of the decision.
#Post#: 127542--------------------------------------------------
Re: London Tribunals appeal rejected, any other options?
DIR By: stamfordman
Date: August 11, 2026, 3:18 pm
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All pics.
We need to see their case summary in the pack, and is there a
copy of the PCN.
HTML https://i.ibb.co/k6rQcRYr/Screenshot-2026-08-11-at-21-17-11.png
HTML https://i.ibb.co/6JHgpbTQ/Screenshot-2026-08-11-at-21-16-59.png
HTML https://i.ibb.co/4Rq9N9jK/Screenshot-2026-08-11-at-21-16-44.png
HTML https://i.ibb.co/jk33PPwV/Screenshot-2026-08-11-at-21-16-39.png
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