This blog serves to answer the question “How Can I Challenge A Moving Traffic PCN?” You need to be alert to spot the traffic signs on your daily route and it is even better to just memorize them by using a map of the road(s) along your way. A moving traffic PCN requires you to have a video clip of your vehicle moving in the correct direction at the traffic violation scene in order to prove that the contravention never occurred.

How Can I Challenge A Moving Traffic PCN?

You can challenge a Moving Traffic PCN by writing a formal representation on the online form given on your council’s website or by mailing in a PCN challenge on your Notice to Owner document to your local council’s parking services address..

Your moving traffic PCN will be served as a result of breaching one of the moving traffic road signs (corresponding to a contravention code number) and you need to check this code before writing down your PCN challenge and deciding what kind of evidence is best for supporting the grounds of your appeal.

For instance a no right turn PCN needs to be challenged by showing that the traffic contravention never happened. If you have turned right at a no right turn sign, it is very difficult for you to make a successful PCN challenge because the only obvious reasons for your actions can be that you forgot about the traffic sign or were suffering from weak hand eye coordination that led you to make the hasty, banned turn.

If you were suffering from a medical condition in this no right turn PCN situation, that should have led you to stop your vehicle altogether and could not have been attributed to the right turn. Simiarly other road signs displaying directions such as right, left turns and straight ahead directions can also not be challenged by mentioning mitigating circumstances and you must be alert not to violate any of these contraventions while driving in your council.

You need to attach a video clip filmed from inside your vehicle at the exact date and time of the traffic violation, showing your vehicle avoiding the banned turn and driving in the correct direction. This video clip can be filmed by a passenger travelling with you and will be part of a daily series of video recordings of your road trips in the council.

In many cases, PCNs are not enforceable and you may be able to win your case and avoid having to pay your fine.

You could begin the process by speaking to an online solicitor for as little as £5.

Which moving traffic contravention codes can be enforced by Penalty Charge Notices?

The following Moving Traffic contravention codes can be enforced by Penalty Charge Notices:

Code 31 Entering and stopping your vehicle inside a box junction or preventing vehicles behind you from moving out of a box junction. A vehicle may pause at a box junction for a certain period of time in order to make a right turn at the traffic signal.

Code 32 (Left turn) Failing to steer your vehicle or guide your vehicle in the direction of an arrow shown inside a blue-colored sign.

Code 32 ( Left turn ahead) Failing to slow your vehicle or steer it correctly into the approaching sharp left turn on the road. This direction is displayed on a traffic sign by a (left-curved) white arrow enclosed in a blue-colored sign.

Code 32 (One-way traffic) Failing to drive on the correct side of the road or approaching the (one-way) lane from the opposite side. This traffic sign is indicated by an upward-pointing white arrow enclosed in a blue-colored sign.

Code 33 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a bus and cycle (only) lane. This traffic sign is indicated by a depiction of a bus and a cycle above it.

Code 33 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a tramcar-only road or street. This traffic sign shows a depiction of a tramcar, enclosed in a blue-colored sign.

Code 37 is applied to charge vehicles for failing to leave a space for vehicles moving in the opposite direction. The sign indicates a priority to be given to vehicles from the other direction on the road which means slowing down and keeping your car aligned to the left side of the road.

The road sign shows a larger black-colored arrow pointing downwards to the right of a smaller red-colored arrow pointing upwards.

Code 37 (Giving way to oncoming vehicles) indicates drivers to give way to vehicles moving in the opposite direction. The road sign for the contravention has the following sentence printed in black “Give way to oncoming vehicles”

Code 38 indicates drivers to keep their vehicles on the left or right side of the road. This moving traffic contravention is indicated by a downward pointing arrow tilted toward the left side or a downward pointing arrow tilted toward the right side.

Code 50 (Making a banned turn) This contravention code indicates no right turn for vehicular traffic. The road sign for the traffic contravention is indicated by a red prohibition symbol on a right-curved black arrow

Code 50 (Making a banned turn) This contravention code indicates no left turn fpr vehicular traffic. The road sign for the traffic contravention is indicated by a red prohibition symbol on a left-curved black arrow.

Code 50 (Making a banned turn) This contravention code indicates the prohibition of a U-turn at the location. The road sign for this traffic contravention displays a red prohibition symbol on an (n-shaped) arrow which shows a vehicle making a u-turn.

Code 51 ( Not following a no-entry sign) This contravention code indicates the breach of a no-entry sign.

Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a lane only used by non-mechanically propelled vehicles used by pedestrians. This traffic sign is indicated by a red colored circle.

Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on motor vehicles entering a certain street. This traffic sign is indicated by the depiction of a motorbike above a car. This contravention is also known as 52m or the one which is the focus of our blog here.

Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on all motor vehicles except solo motorcycles. This traffic sign is indicated by the depiction of a car.

Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on all motor vehicles except cars. This traffic sign is indicated by the depiction of a motorcycle.

Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on goods vehicles exceeding the maximum weight limit. This traffic sign is indicated by the depiction of a goods vehicle with the weight limit, in tonnes stated inside the vehicle symbol

Code 53 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a pedestrian-only lane. This traffic sign is indicated by a sign displaying the words “Pedestrian Zone” above a circle containing a motorcycle and a car the days for the Pedestrian Zone restrictions to be applicable are stated under the sign.

There are specific operational hours for loading vehicles under these restrictions stated under the sign.

Why have I been charged with a moving traffic PCN?

Moving Traffic PCNs are related to entering a restricted street or lane, for making a banned turn or for stopping your vehicle inside a box junction. You should be well aware of these driving rules when you are driving on the roads of your local council and must not take road signs lightly.

For instance the Contravention code 52 is charged to vehicles for failing to follow restrictions to enter a Restricted Road or street. This contravention is enforced for a certain period of time which is mentioned on the Pedestrian Only Zone traffic sign. If your vehicle has been caught entering such a no-entry zone (for vehicles) it will be served a Penalty Charge Notice by your local council.

The moving traffic contravention consists of 4 types of violations. The types other than 52m relate to roads restricted to motor vehicles except cars, non mechanically propelled vehicles used by pedestrians and roads restricted for goods vehicles that have a maximum weight limit.

In order to challenge the PCN, you need to successfully show that you did not breach the zone during its operational hours, in your PCN challenge. If you have wrongly been charged with the contravention, and remember that you were driving along the correct route that day you can mention these events in your PCN challenge.

52m is a contravention which enforces only buses and pedal cycles to use a certain road or street at the mentioned timings (restrictions). So if you drive your vehicle through the zone during these hours, you will receive a moving traffic PCN.

Your Penalty Charge Notice can be successfully challenged with a video clip clearly showing that you did not enter the restricted street (for buses and bicycles) and breach the contravention code 52m during the timings of its enforcement.

It is essential for you to have a map of the moving traffic contraventions in your council marked on it (especially those which restrict the movement of motor vehicles) in order to stay clear of these zones. You can check the map everytime you leave your home to drive in the council, to ensure that you don’t breach the restriction owing to forgetfulness.

If you have actually entered the street and therefore disregarded the traffic sign warning vehicles to stay out, there are almost no possible reasons that you can mention in your PCN challenge, and the evidence of the scene of your vehicle driving there will also not be helpful to your cause.

Can I submit a challenge to a moving traffic PCN on the council website?

You need to access the online formal representation form on the council website by entering your PCN number and your Vehicle Registration Number. In some cases, you have to enter your PCN Number and your Contravention Code Number which could be any of the contravention codes classified as Moving Traffic contraventions (also mentioned in this blog)..

Some councils also require you to enter a Web Code mentioned on your Penalty Charge Notice to access your Penalty Charge Notice details.

You need to select a formal or informal representation option on the website depending on the kind of PCN you have received. An informal challenge is only required for a CCTV Bus Lane PCN, Moving Traffic PCN or a Parking PCN served by a CEO which had to be delivered by post.

So generally if your PCN has been sent by mail, you have to submit an informal representation on the council website or by email, before you can get a chance to register a formal representation. If you left the scene of the traffic violation without taking your Penalty Charge Notice or were charged by a CCTV camera, you need to register an informal representation first.

On some council websites, you have to select the contravention code (mentioned on your PCN) from a list of options and then choose an acceptable reason for your appeal from another list, Here it is important to understand that this reason that is being chosen will also be the same reason you will mention in your written formal representation and you have to provide authentic evidence material for proving the grounds of your appeal as well.

It is advisable to prepare the contents of your PCN challenge by typing it into a word processor first and eliminating any reasons which cannot be supported by available evidence material or which do not conform to the established grounds for challenging the relevant contravention code.

Once you have ensured that your explanation reinforces the evidence material you are going to upload with your formal representation, you can copy the text into the online formal representation form.

Evidence to use with your PCN challenge can be stored inside a folder on your computer by filming video clips of your road journeys in the council, which can be used to show how the traffic contravention never happened or help to explain your mitigating circumstances.

Other evidence files in picture formats or pdf, or doc formats can also be saved in separate folders for easy access.

For instance you could have some authentic mitigating circumstances for challenging the moving traffic PCN for entering a restricted zone meant only for buses and bicycles but it is not advisable to mention these as it will lead to a weak PCN challenge. Entering such a restricted lane could only mean that you forgot that vehicles are not permitted to use the zone, or did not comprehend the traffic sign explaining the moving traffic contravention.

It is essential for you to record video clips of your road trips in your local council, especially on the road junctions and turns to have some evidence for challenging a moving traffic PCN. You have to remember that you cannot prove the grounds of your appeal to be credible without actually showing how (and if) the events you have explained actually took place.

You never know when you might be handed a PCN so it is essential to always be prepared with evidence from your vehicle’s journeys in the parking zones, road junctions, and highways in the council.

It will be difficult for you to suddenly come up with evidence to use with a PCN challenge within 28 days and all this information would be lost unless you actively donate some time and effort into collecting and preserving evidence material..

Can I also challenge the moving traffic PCN by mail?

The second method for challenging your moving traffic PCN which is available in most councils is by using the postal service. You can write your formal representation on the last page of your Notice to Owner document or in a printed downloadable form (in some cases) and send it by mail to the council’s address.

You must remember to attach evidence material with your letter in this case as it is an essential component of your formal representation. Photographs from the traffic violation scene filmed by a passenger travelling with you can be placed inside a small transparent file or stapled to your Notice to Owner Document.

You can mention a checklist of your evidence material at the end of your PCN challenge to ensure that no item escapes the attention of the parking officer judging your case. Another important point to remember when sending in your PCN challenge by mail is that first-class mail takes 1 to 2 days to deliver your formal representation to the council and second-class mail takes between 3 to 5 days. So you need to send in your appeal by the 22nd day after receiving your PCN, at the latest.

This formal representation can also first be typed into a word processing software such as MS word to remove any unclear sentences or reasons which display a lack of awareness of the contravention code, as all such grounds for a PCN challenge will be rejected.

You can write down the same sentences on paper once you have matched the text of your formal representation with your available evidence material and clearly explained the cause-and-effect relationship between any mitigating circumstances which led to the traffic violation. It is best to mention that you never breached the no entry (for vehicles) buses and bicycles only lane and attach authentic evidence clearly showing your vehicle turning in the correct direction to avoid the zone.

Some moving traffic PCNs can only be contested by proving that the traffic violation never occurred. For instance It is hard to justify any mitigating circumstances for entering a buses and bicycles only lane, given that there is also a sign in place clearly mentioning this as a restricted area for vehicles. As you can only send in your PCN challenge once, it is best to mention your strongest reasons to get the PCN cancelled.

Can I further challenge a moving traffic PCN with the London Tribunals if my appeal is dismissed by my local council (inside London)?

If you have received a PCN from a council of a local London Authority or from Transport for London, you can dispute your Notice of Rejection of Representations (from the Council) with the London Tribunals. Your Notice of Rejection of Representations has a form attached to it that needs to be completed. and posted to the London Tribunals.

What you will write on the form will be the text of your appeal to the Notice of Rejection served by your council and needs to be carefully composed by mentioning your mitigating circumstances which led to the traffic violation or by stating how you think the traffic restriction was never breached. With a moving traffic PCN you need to mention and prove that the traffic violation never took place as the council has shown that it did and moving into a restricted lane cannot be permitted under most mitigating circumstances.

The contents of your appeal to the London Tribunals need to be based on evidence material as the London Tribunals is rejudging a case decided by your local council and will be provided by strong evidence from them to contest the trial.

Regardless of whichever council (local London Authority) you have recieved a moving traffic PCN from, you need to send the completed form to the following address (and ensure that you allow up to 2 days for first class mail to deliver your challenge and up to 5 days for second class mail) :

London Tribunals,

PO Box 10598,

Nottingham,

NG6 6DR

If you would prefer a quicker way to send in your challenge to the London Tribunals you can visit the London Tribunals Website. You can also choose to dispute the “Notice of Rejection” from your council with the London Tribunals online by clicking on the “Access the Appellants Portal” button on this webpage.

All you will be required to do is simply enter your Vehicle Registration Number, PCN number, and the reference number or code from your “Notice of Rejection of Representations” letter.

Evidence to be uploaded here can be different from the evidence material you have used to support the formal representation sent to your local council but the evidence needs to be properly matched with the case you have argued in your appeal to the London Tribunals.

For your moving traffic PCN you need to clearly show the London Tribunals that you did not breach the relevant contravention code. Solid evidence relating to your traffic violation that has to be ready to send to the London Tribunals which refutes the case put forward by your council.

The London Tribunals is an independent adjudicating authority and it impartially considers the case put forward by your council and your version of the events at the traffic violation scene. So if you have some crucial evidence that shows something new which escaped the knowledge of the council or the CCTV camera monitoring the traffic violation scene, the London Tribunals will consider these details to be true.

Can I further dispute a moving traffic PCN with the Traffic Penalty Tribunal if my local council (outside London) has dismissed my challenge?

A moving traffic PCN served from a local authority outside London can further be disputed with the Traffic Penalty Tribunal. The Traffic Penalty Tribunal is responsible for addressing challenges to Notices of Rejections of Representations from councils in England (outside London) and in Wales.

The Traffic Penalty Tribunal website requires you to enter details given on your Notice of Rejection of Representations, after opening this webpage. Once you have entered these details, you can click on “Next” to access the Traffic Penalty Tribunal PCN challenge portal.

Before you can access this challenge portal, you need to click on “Start Your Appeal Here” on this webpage and “Submit and Appeal To The Traffic Penalty Tribunal Now” on this webpage. If you access the Traffic Penalty Tribunal’s main webpage, you need to first select the kind of PCN for which you have received a Notice of Rejection from your council.

In this case your Penalty Charge Notice is of the Moving Traffic type. After this, you will be redirected to the webpage where you have to select England (outside London). Once you click on England (outside London), you will be led to this webpage where you need to click on “Submit Your Appeal To The Traffic Penalty Tribunal Now”

You can watch this instructional video here to learn about your challenge process. The Traffic Penalty Tribunal requires you to create an email address unless you already have one to dispute your council’s Notice of Rejection of Representations on its website.

It is important for you to submit your challenge on the Traffic Penalty Tribunal Website within 28 days of being sent your Notice of Rejection to your moving traffic PCN..

Conclusion

This blog post addressed the question “How Can I Challenge A Moving Traffic PCN?” A Moving Traffic PCN is certainly the hardest kind of PCN to write an appeal against as you must have a video clip to demonstrate how you didn’t breach the relevant traffic sign or to explain your mitigating circumstances which led you to lose control over the vehicle. Another difficulty is that you cannot usually mention mitigating circumstances for explaining a wrong turn in most cases (and also for entering a restricted lane knowing that it is off bounds) unlike that for most parking PCNs so your PCN challenge needs to be spot on.

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How Can I Challenge A Moving Traffic PCN?