The Motorists' Guide to Appealing Parking, Bus Lane, Yellow Box Junction and Moving Traffic Tickets

Box Junction and Moving Traffic Offences Tickets and Notices
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Check to see if the information on your ticket and subsequent notices complies with the law. You'll be surprised how many authorities get it wrong! (such as Islington)

The London Local Authorities and Transport for London Act 2003 gave London boroughs and Transport for London the power to enforce moving traffic offences including yellow box junctions and the key sections have been summarised below. The parts in italics below have been copied from the regulations with links to the official site for confirmation.

The Ticket (PCN)

Notice of Rejection

Example of a Non Compliant PCN

The Ticket

Key points:

The PCN must be sent to you within 28 days of the date of the contravention as per section 6 in the above act (except in extenuating circumstances detailed in section 6, up to a maximum of 6 months).
When referring to the period in which you are given to pay, the PCN must refer to 28 days from the 'date of the notice'. A recent case by Islington was lost at the adjudicator meaning all their tickets since December 2006 are invalid. Click here for more information

However with regards to the appeal period the ticket must refer to the 28 days from the 'date of service of the notice' as per Schedule 1 of the above act (see below)

Section 4(8) specifies what must be stated on the ticket:

(8) A penalty charge notice under this section must—

(a) state—

(i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

(ii) the amount of the penalty charge which is payable;

(iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(iv) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(vi) the amount of the increased charge;

(vii) the address to which payment of the penalty charge must be sent; and

(viii) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and

(b) specify the form in which any such representations are to be made.

In addition as per point (viii) above, Schedule 1 states:

SCHEDULE 1

Penalty charge notices etc. under section 4 (penalty charges for road traffic contraventions) of this Act

Representations against penalty charge notice

1 (1) Where it appears to a person on whom a penalty charge notice has been served under section 4 (Penalty charges for road traffic contraventions) of this Act (in this Schedule referred to as “the recipient”) that one or other of the grounds mentioned in sub-paragraph (4) below is satisfied, he may make representations to that effect to the enforcing authority.

(2) Any representations under this paragraph must be made in such form as may be specified by the enforcing authority, acting through the Joint Committee (within the meaning of subsection (16) of the said section 4).

(3) The enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.

(4) The grounds referred to in sub-paragraph (1) above are—

(a) that the recipient—

(i) never was the owner of the vehicle in question;

(ii) had ceased to be its owner before the date on which the penalty charge was alleged to have become payable; or

(iii) became its owner after that date;

(b) that there was no—

(i) contravention of a prescribed order; or

(ii) failure to comply with an indication; or

(iii) contravention of the lorry ban order,

under subsection (5) or (7) of the said section 4 as the case may be;

(c) that at the time the alleged contravention or failure took place the person who was in control of the vehicle was in control of the vehicle without the consent of the owner;

(d) that the recipient is a vehicle-hire firm and—

(i) the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice issued in respect of the vehicle during the currency of the hiring agreement; or

(e) that the penalty charge exceeded the amount applicable in the circumstances of the case.

Notice of Rejection

If your appeal is rejected you should receive a notice of rejection letter as per below from Schedule 1. You will not receive a notice to owner.

The notice of rejection must state that you have 28 days from the date of service of the notice to appeal to an adjudicator.

Rejection of representations against penalty charge notice

3 Where any representations are made under paragraph 1 above but the enforcing authority do not accept that a ground has been established, the notice served under sub-paragraph (7) of the said paragraph 1 (in this Schedule referred to as “the notice of rejection”) must—

(a) state that a charge certificate may be served under paragraph 5 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—

(i) the penalty charge is paid; or

(ii) the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge; and

(b) describe in general terms the form and manner in which such an appeal must be made,

and may contain such other information as the enforcing authority consider appropriate