DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 102141--------------------------------------------------
Early payment offer removed if you make an app[eal.
DIR By: Feline007
Date: December 12, 2025, 5:47 am
---------------------------------------------------------
My husband was driving my car and inadvertantly strayed into a
new No Pedestrian and Cycle Zone. The back story is that a
flyover near us has been closed for months and due to the
horrendous traffic he took a back route to avoid it and didn’t
notice a time restriction due to schools traffic had been put
into place recently and drove down the road during the one hour
restriction. I appealed to Havering Council and explained it
was a new zone, he was stressed trying to get to an appointment
on time and didn't notice. They refused the appeal.
It is not the appeal refusal I am disputing, it is that we
appealed straight away and explained the circumstances but that
because we appealed the 14 day offer is not valid. The fine was
£160 or £80 if paid in 14 days. In the past you could appeal
and the 14 day offer was still valid if they said no (when does
an appeal ever work?). The small print has now changed and it
said 'Please be aware that if the representation is made the
full charge of the Penalty will be payable should your
representation be rejected'. I did not notice that or would not
have appealed. However, surely it is not ethical to put this in
place as it frightens people from making an appeal at all?
Would appreciate your thoughts.
#Post#: 102143--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: jfollows
Date: December 12, 2025, 5:51 am
---------------------------------------------------------
This is not a private parking ticket; please read and act on
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 102151--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: Feline007
Date: December 12, 2025, 6:23 am
---------------------------------------------------------
Thank you I will do.
#Post#: 102191--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: Feline007
Date: December 12, 2025, 10:08 am
---------------------------------------------------------
Okay I think I am in the correct section now. I so wish I had
read the 'Read this first' part before I made the apperal and
basically acknowledged he did drive into the zone during the
restricted hour.
I have uploaded to imgpile the first letter I received and am
trying to load the back and the second letter but imgpile says
it is banned so I'm not sure how to post those.
Here is the link:
HTML https://imgpile.com/p/3S6hUA7
I'll keep trying to add the other pages.
#Post#: 102229--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: fraser.mitchell
Date: December 12, 2025, 12:47 pm
---------------------------------------------------------
There is no legal right to a re-offer of the discount when reps
are rejected, even if those reps are submitted within the
discount period, although all London councils except venal and
rapacious Havering offer it. What there is, is the right to pay
the discount at any time within the discount period. So how long
after did Havering reject your reps from the end of the discount
period ?
However, as they are not offering the discount, it is now a
total and absolute NO BRAINER to take them all the way to London
Tribunals as the penalty remains the same and there are no
additional costs. But for Havering, there are additional costs
if the PCN recipient takes them to adjudication. They must
prepare an evidence pack and pay the adjudication fee. If you
lose you pay the same penalty as Havering are demanding, nothing
more. So I suggest you register an appeal at London Tribunals
and we'll help you put a case together.
Also please read this and update your thread as necessary:=
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 102664--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: Feline007
Date: December 16, 2025, 8:11 am
---------------------------------------------------------
Thank you for your help. I have started the appeal process.
One of the questions is what are the grounds for appeal? I have
screenshotted it here:
HTML https://imgpile.com/p/pcGjqDV
I'm assuming 'the penalty charge exceeded the amount
applicable'?
#Post#: 102671--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: fraser.mitchell
Date: December 16, 2025, 9:15 am
---------------------------------------------------------
OK, so one thing to go on is their statement on the PCN, (please
post all pages not just the front page), that if you appeal, the
discount is not available. This is a misstatement of the law. A
PCN recipient has the right in law to pay at the discounted rate
at any time within the discount period, even if representations
have been submitted.
Also can you please pos-up your reps and their rejection letter.
#Post#: 102677--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: Feline007
Date: December 16, 2025, 10:44 am
---------------------------------------------------------
Here are the links to the PCN from Havering Council and their
rejection letter:
HTML https://drive.google.com/file/d/14Qf3nnvTe_fKsGvuJbPpOzXBAcYkfKHf/view?usp=sharing
HTML https://drive.google.com/file/d/1C_VkBwOJZiS2znCVdy3yY7NrMFvd2XZX/view?usp=sharing
HTML https://drive.google.com/file/d/1WeEa9lBiHHVIFLqLsomAi3j9dF3UfE-Z/view?usp=sharing
HTML https://drive.google.com/file/d/1bcSVjsVNLYYAcAltUH8D3AR1BhIYnfKo/view?usp=sharing
#Post#: 102678--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: Feline007
Date: December 16, 2025, 10:47 am
---------------------------------------------------------
I should also mention, I made the initial appeal within the 14
day period. I got an email back staing that they have 56 days
to get back to me. Eventually I got a letter stating that as
the appeal was written by my husband (he was driving my car so
wrote what happened) and not the keeper (me) I had to submit it
again. I did so, sending the exact same appeal but from me, and
then they rejected it.
#Post#: 102693--------------------------------------------------
Re: Early payment offer removed if you make an app[eal.
DIR By: fraser.mitchell
Date: December 16, 2025, 12:33 pm
---------------------------------------------------------
As this is a postal PCN, all representations are formal, so
there is no discount to offer, as is normally done when
rejecting informal challenges against parking PCNs.
There is no statutory guidance for councils, and TfL on the
enforcement of PCNs in the London Local Authorities & Transport
for London Act 2003 unlike the Statutory Guidance under the
Traffic Management Act 2004, but I would suggest that this
clause in the said statutory guidance surely applies to any
councils enforcing PCNs under the penal lowers they have been
granted, even it the applicable Act is not the TMA 2004:-
--- Quote ---
> An authority has a discretionary power to cancel a PCN at any
point throughout the process. It can do this even when an
undoubted contravention has occurred if the authority deems it
to be appropriate in the circumstances of the case.
>
> Under general principles of public law, authorities have a
duty to act fairly and proportionately and are encouraged to
exercise discretion sensibly and reasonably and with due regard
to the public interest. Failure to act in accordance with the
general principles of public law may lead to a claim for a
decision to be judicially reviewed.
>
> Enforcement authorities have a duty not to fetter their
discretion, so should ensure that PNCs, NtOs, leaflets and any
other advice they give do not mislead the public about what they
may consider in the way of representations.
>
> They should approach the exercise of discretion objectively
and without regard to any financial interest in the penalty or
decisions that may have been taken at an earlier stage in
proceedings.
>
> Authorities should formulate (with advice from their legal
department) and then publish their policies on the exercise of
discretion. They should apply these policies flexibly and judge
each case on its merits. An enforcement authority should be
ready to depart from its policies if the particular
circumstances of the case warrant it.
>
--- End Quote ---
It seems to me that Havering have fettered their discretion by
declaring that they will never re-offer discounts when
considering representations. I suggest you formulate your reps
to London Tribunals along the above lines.
There may also be a "technical" appeal you can add on which is
not related to the contravention, but to council mismanagement
of the enforcement process. Expertise on this is with our
Hippocrates who will see advising on other threads.
*****************************************************
Page 1 of 2
DIR Next Page