FOI request detail

Timing on PCN challenge

Request ID: FOI-1463-2223
Date published: 05 October 2022

You asked
I have the following FOI request “Can you now provide access to or copies of any guidance, policy statements, best practice or law governing the interplay between the statement that the “penalty charge will be placed on hold while this (the request for video evidence) is being processed” and the need to file a challenge within 28 days of the date of the PCN.”

We answered

TfL Ref: 1463-2223

Thank you for your email received by us on 14 September 2022 asking for information about Penalty Charge Notices (PCNs).

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy.  I can confirm that we hold the information you require. You asked:

Can you now provide access to or copies of any guidance, policy statements, best practice or law governing the interplay between the statement that the “penalty charge will be placed on hold while this (the request for video evidence) is being processed” and the need to file a challenge within 28 days of the date of the PCN
 
The timeframes for making a representation against a PCN issued by Transport for London are set out in the relevant regulations. Penalties for stopping on the Red Route are issued in line with the Traffic Management Act 2004. The payment and representation timeframes are set out in the supporting regulations, specifically: The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (legislation.gov.uk).
 
Regulation 6(2) states:  
 
(2) The enforcement authority may disregard any representations which it receives after the end of the period of 28 days beginning with the date on which the relevant enforcement notice is served
 
On receipt of the PCN, the registered keeper of the vehicle may request a copy of the video evidence of the contravention. Please be aware that there is no legal requirement for Transport for London to suspend enforcement of a Penalty when a copy of the video evidence is requested, however, we do this to ensure that recipients of a PCN are able to review the evidence prior to deciding whether they wish to make a representation. The penalty is put on hold for a period of 14 days from the issue of the video evidence.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely


Jasmine Howard
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
 

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