DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 32922--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: John121
Date: August 10, 2024, 5:53 pm
---------------------------------------------------------
I submitted the below representations to Newham Council on 28th
May 2024, I received a confirmation from Newham council via
email with a reference number for the representations I
submitted, please see screenshot below:
REPS SUBMITTED
Dear London Borough of Newham,
I am writing to formally contest the Penalty Charge Notice
PN75178727, which was issued to my vehicle NA67MDK on 14/05/2024
at 15:26 for allegedly failing to comply with a no entry
restriction (contravention 51J) on Stanley Road E12 / Rixsen
Road E12.
I accept I drove through the no entry signs, but this is because
I was directed to do so by a police constable in uniform. On the
specified date and time, the police had cordoned off Rixsen Road
(just before the Berkeley Road junction) due to a critical
incident involving a suicidal person. As a result there was no
other way out, and the police directed me to go through the no
entry restriction so that I could exit the area safely as there
was no alternative route available. I was not the only one;
several other vehicles were also directed to do the same and I'm
sure your records will reflect this. As I am sure you will
appreciate, failure to comply with the direction of a police
constable in uniform is a criminal offence.
Given the circumstances and the fact that my actions were guided
by the police, I believe that the issuance of this PCN was
unjust. I am attaching evidence to support my claim, including:
1. Several photos taken at the time showing the police had
cordoned off Rixsen Road E12.
2. A statement from a witnesses present at the scene.
I respectfully request that the PCN be cancelled. My actions
were taken in compliance with police directions, ensuring the
safety of myself and others during an emergency.
Thank you for your understanding and consideration. I look
forward to your prompt and favorable response to this appeal.
Yours Faithfully,
Also the below witness statement was submitted along with the
pictures in the above post:
**Witness Statement**
I, Name Removed, of (Door no removed) Rixsen Road, London, E12
6RN, make the following statement:
On the 14th of May, 2024, at approximately 15:26, there was a
police incident on Rixsen Road, E12. The road was cordoned off
with police tape, and access was restricted due to the nature of
the incident.
As a result of the cordon, there was no other way for residents
and drivers to exit the area. Police officers present at the
scene instructed all drivers and pedestrians, including myself,
to leave the area via Stanley Road.
This statement is true to the best of my knowledge and belief.
Signed,
Name and personal details removed
27/05/2024
I received a confirmation email from Newham council in regards
to my representation on 28th May 2024. Please see below:
HTML https://i.ibb.co/M8yzq3C/Rep-Email-Confirmation.jpg
HTML https://ibb.co/0Bp0PdG
Furthermore I also tried contacting the police as advised above
to get further evidence however unfortunately Police were not
very helpful. I also sent the below letter to Superintendent Dan
Card, North East Borough Commander to Stratford Police Station
end of May and have still not received any response.
---START---
Dear Superintendent Card,
On 14 May 2024 at approximately 3:20 pm there was a police
incident on Warwick Road, E12 6QP. As a result the police
cordoned off Rixsen Road, E12. At the time of this incident, I
was in my car and unable to exit the area. Uniformed police
officers instructed me to leave by driving up Stanley Road,
going the wrong way on the one-way street. Consequently, I
received a penalty charge notice from Newham Council, which I am
currently contesting.
I would be grateful if you could provide me with confirmation
that there was an incident in the area and the police had
cordoned off Rixsen Road, E12, so I can use it to support my
appeal.
I do not need any details about the nature of the incident nor
do I require any personal information, and I am not asking for
anything that wouldn't have been visible to any member of the
public who happened to be walking by.
I do not have an email address for you but if would like to to
respond by email, my address is (removed)
Yours sincerely,
---END---
#Post#: 32923--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: John121
Date: August 10, 2024, 6:06 pm
---------------------------------------------------------
Having been waiting since the 28th may 2024 when I submitted
representations (in the above post). I have not received any
communication whatsoever from Newham council.
However today I have received the below charge certificate from
Newham Council who are now demanding we pay £195.
Please see below:
HTML https://i.ibb.co/Kbps001/Further-PCN-1.jpg
HTML https://ibb.co/2W1Mnnb
HTML https://i.ibb.co/B3Z09JT/Further-PCN-2.jpg
HTML https://ibb.co/8s51HwP
HTML https://i.ibb.co/bPPnb5V/Further-PCN-3.jpg
HTML https://ibb.co/Vtt8wYG
I would be grateful if you can please help / advise what to do
next? My fathers really stressed out at the moment.
Additionally, I reviewed the photos and video on the Newham
Council website related to this PCN. In the photos my father
took at the scene, the last image shows a man wearing a cap and
using his phone. I can also see in the council's video footage
that when my father drives up the other side of the one-way
street, the same man with the cap and mobile phone is also seen
walking up the road. This further supports the fact that the
road was blocked and both pedestrians and vehicles were
instructed to turn back.
Regards
#Post#: 32924--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: fraser.mitchell
Date: August 10, 2024, 6:15 pm
---------------------------------------------------------
Go onto the Newham website to see if there is an event log for
your PCN. It should show receipt of reps, then a response, then
the CHarge Certificate. You could also ring them up to query the
CC in view of your submitting representations. If they prove
adamant, you will have to wait for them to register the debt at
the Traffic Enforcement Centre, and then submit a Statutuory
Declaration that you submitted reps but did not receive a letter
of rejection.
#Post#: 32927--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: John121
Date: August 10, 2024, 6:55 pm
---------------------------------------------------------
I went to Newham website and clicked on view PCN. I can only see
pictures and video footage. Cannot see any log anywhere.
#Post#: 32928--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: Enceladus
Date: August 10, 2024, 10:03 pm
---------------------------------------------------------
--- Quote from: John121 link ---
>
> I went to Newham website and clicked on view PCN. I can only
see pictures and video footage. Cannot see any log anywhere.
>
--- End Quote ---
Newham don't show any case progression history online.
You cannot challenge a Charge Certificate. So you need to sit
tight and wait for the next stage which is the Order of
Recovery.
Keep an eye on the PCN on the Newham site. Check once a week.
The PCN currently sits at the Charge Certificate amount of £195.
When you see the amount outstanding increases to £205, an
increase of £10 from where it is now, that means that the debt
has been registered with the Traffic Enforcement Centre (TEC) at
Northampton County Court. You or rather the Registered Keeper of
the car can then submit a Statutory Declaration to the TEC. Tick
just one box, the one that says "I made representations about
the penalty charge to the local authority concerned within 28
days of the service of the Notice to Owner/Enforcement
Notice/Penalty Charge Notice, but did not receive a rejection
notice". The TEC will order the OfR revoked and the Charge Cert
cancelled.
This puts you back to the PCN stage and the matter will be
referred to the Independent Adjudicator at the London Tribunals
for direction on how to proceed. You can then appeal to the
Adjudicator.
PE3 Statutory Declaration form here.
HTML https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fmedia%2F62e15160d3bf7f2d796ad2e5%2FPE3.doc&wdOrigin=BROWSELINK
For the purposes of these forms you are the Respondent and
Newham Council is the Applicant. The SD needs to be signed in
front os a Witness. This can be done free of charge at any
convenient County Court. You'll have to phone and make an
appointment. A Solicitor or a Magistrate will charge circa £10.
You cannot submit the SD until the OfR has been issued. The OfR
will be posted to you and the blank SD will be enclosed. But you
don't have to wait for it to arrive. The amount outstanding
increasing to £205 tells you the PCN has progressed to the OfR
srage.
#Post#: 32947--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: H C Andersen
Date: August 11, 2024, 6:46 am
---------------------------------------------------------
You say your father made reps in May.
IMO, rather than stay on the back foot I would write to the
council...
Dear Sir,
PCN **********
On ** May I made representations against the above by ***(the
method used).
I have not received a reply but instead have received a Charge
Certificate.
Procedurally I am now obliged to submit a Statutory Declaration,
however, I should none the less like to know on what basis you
have issued the certificate.
Hugs...
IMO you should also chase up your correspondence with the
police, after all you might need their confirmation.
#Post#: 32972--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: Enceladus
Date: August 11, 2024, 10:39 am
---------------------------------------------------------
Actually our hard working Administrator has published a guide
for your Father's scenario. London Local Authorities and TfL Act
2003 & London Local Authorities Act 1996 - no NoR
HTML https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/
Please confirm that it is Father's name & current address on the
postal PCN? Not somebody else?
Please also confirm that the representations were submitted
online using Father's name & address as on the postal PCN?
IE not your name & address?
The email address used for the receipt could be either of you.
These are the steps to be followed in a case where:
1) You received a penalty charge notice issued under the London
Local Authorities and Transport for London Act 2003 or an
Enforcement Notice under the London Local Authorities Act 1996
(a penalty charge notice under the London Local Authorities Act
1996 doesn't count for these purposes).
2) You made representations against the PCN (under the 2003 Act)
or against the Enforcement Notice (under the 1996 Act) within 28
days of the date of service of the PCN or Enforcement Notice
(this is two working days after the date of issue),
1) You have not received a Notice of Rejection, but
2) You have received a charge certificate.
In this scenario, wait for the 14 day period stated on the
charge certificate to expire, wait another week (but not a day
more) and check whether the debt has been registered with the
Traffic Enforcement Centre (TEC).
For a Transport for London case, you can rely on the information
shown on
HTML https://tfl.gov.uk/modes/driving/challenge-a-pcn
For London Borough of Newham cases, you can check the amount due
on
HTML https://parking.newham.gov.uk/pages/home.aspx
Once the debt has been registered with TEC, the PCN status /
history will say so and the amount will increase by £10.
For all other cases, we cannot yet say how reliable the council
websites are at showing the £10 increase, so the best approach
is to simply call TEC on 0300 123 1059 (first thing in the
morning if you want to avoid a long wait) and ask if your PCN
has been registered (do not ask anything else, they cannot help
you with any other query whatsoever).
If the PCN has not been registered with TEC, put a reminder in
your calendar to call again after 7 / 10 days (not longer),
repeat the process until the debt has been registered.
As soon as the debt has been registered, use form PE3 which you
can download from here:
HTML https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice
You will need to fill in the form on your computer and then
print it off (do not try and do this on your phone).
You need to tick the box next to:
I made representations about the penalty charge to the local
authority concerned within 28 days of the service of the Notice
to Owner/Enforcement Notice/Penalty Charge Notice, but did not
receive a rejection notice.
Note: the "Applicant" is not you, it's the enforcement
authority, you are the Respondent.
Important: you should leave the "reasons" box blank. Yes this is
counter-intuitive, but if you fill it in the form might be
rejected.
Do not sign the form yet!
You must sign the form in front of an officer of the county
court (which is free, you just need to call ahead and ask for an
appointment at their public counter), or you can ask to do this
at any magistrates' court (which is also free but most
magistrates' courts will be unfamiliar with the process so you
will need to show them the part of the form where it says it can
be witnessed by a justice of the peace), or many high street
solicitors will do this for around £10 / £15.
You should then scan and attach the completed form to an email
and send it to tec@justice.gov.uk , put the PCN number in the
subject line, you should get an immediate automated
acknowledgment.
If you get an Order for Recovery and form PE3 in the post
shortly after you have emailed the duly complete PE3 form to
TEC, you can ignore the copy delivered in the post as long as
you have the acknowledgment email from the tec mailbox.
If you get an Order for Recovery and a printed PE3 form before
you have emailed the sworn PE3 form to TEC, you should fill it
in, get it sworn and email it to the tec mailbox as soon as
possible.
The traffic enforcement centre will issue a revoking order and
your case will be referred to the tribunal, you should refer
back to your thread for further guidance.
If you have any questions, please ask on your thread.
#Post#: 32976--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: H C Andersen
Date: August 11, 2024, 10:56 am
---------------------------------------------------------
OP, which you are not bound to adopt.
IMO, each thread must turn on its own facts and in particular
how the registered keeper is reacting to the issue.
OP, you posted that your father(the registered keeper) is very
stressed about the matter.
Then on this occasion my advice remains the same: get on the
front foot and do something.
Your track record at sending letters/emails has been less than
successful i.e. reps to the council and letter to the police
neither apparently responded to and which indeed may provide or
point to what could be an underlying problem.
So far you have not managed to establish a dialogue with either
party, perhaps third time lucky?
This is not instead of keeping your eye on £195 v £205, it's in
addition to because you're in the float time on the critical
path.
#Post#: 86724--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: ivanleo
Date: August 22, 2025, 3:13 am
---------------------------------------------------------
Outcome
HTML https://drive.google.com/file/d/1vwUIjaqmJkvAlhItjM3uwfD2rrcUVMI0/view:<br
/>appeal allowed and costs awarded.
#Post#: 86739--------------------------------------------------
Re: Newham PCN, 51J No Entry Restriction, Stanley/Rixsen Rd E12
- Road Closed By Police
DIR By: Hippocrates
Date: August 22, 2025, 4:48 am
---------------------------------------------------------
Great stuff.
Unfortunately, on this occasion the original Adjudicator is not
available at this present time, and I therefore heard the
application.
You won't be spending any monies in Newham!
*****************************************************
Page 2 of 2
DIR Previous Page