Bexley Code 37 PCN Appeal (2026)

1. What does Bexley Code 37 mean?

Code 37 means that your vehicle is alleged to have failed to give priority to traffic coming from the opposite direction. It usually concerns a narrow stretch where vehicles cannot comfortably pass each other and signs tell one approach to give way.

This is a priority restriction, not a ban on using the road. The important question is whether you should have yielded when you proceeded. Review where the oncoming vehicle was, what you could see and how both vehicles moved, rather than relying on a single photograph of your car beyond the sign.

Contravention

Code 37: failing to give way to oncoming vehicles

Issuing authority

London Borough of Bexley

Formal representation deadline

28 days beginning with service of the PCN.

Penalty and discount

Use the charge and discount printed on your PCN; the applicable amount depends on the notice and contravention date.

Initial discount

The initial 50% discount applies during the first 14 days beginning with the date of the PCN. A challenge does not automatically extend that period. Check the council's policy and any renewed offer in its reply.

Appeal route

Bexley, then London Tribunals after a formal Notice of Rejection.

2. What must Bexley establish?

The evidence must establish the priority instruction facing your approach and the alleged failure to give way. Diagram 615 is enforceable as a traffic sign without an underlying traffic order; the absence of an order alone is not a reason to cancel this allegation.

Diagram 615 is the red-bordered circular sign with a small red upward arrow on the left and a larger black downward arrow on the right. It tells traffic facing it to give priority to vehicles coming the other way. At the start of the priority section, the accompanying plate says 'Give way to oncoming vehicles', with a distance where appropriate.

The circular sign must have its associated plate. The blue diagram 811A sign faces the opposite approach and tells those drivers that they have priority. The two signs communicate different instructions; a photograph of the blue sign alone does not establish what faced the vehicle receiving the PCN.

A give-way road marking can identify the waiting point but is not compulsory at every narrowing. The triangular upright GIVE WAY sign used at junctions is not the prescribed substitute for diagram 615 at this type of priority section.

• The relevant sign and plate: identify what faced the vehicle, where the narrowing began and whether the instruction could be understood from that approach.
• The movement of both vehicles: the recording should show when your vehicle proceeded, where the oncoming vehicle was and its subsequent movement. A short clip starting after entry may omit the disputed decision point.
• The driver's view: compare the elevated camera view with approach photographs. Check foliage, high-sided traffic, sign orientation and the sight line through the narrowing.
• Any give-way line: where one is present, identify the nearer line to the narrowing and both vehicles' positions when it was crossed. Its statutory test concerns likely danger or making the opposing driver change speed or course to avoid an accident.
• Night-time visibility: direct lighting requirements depend on the road speed limit, nearby street lighting and the applicable exceptions. An unlit sign is not automatically defective on every road.
• The notice and liable person: check the registration, recorded journey, allegation and owner or qualifying-hire evidence.

3. Grounds and exemptions for a Bexley Code 37 appeal

Use a ground supported by the recording and documents. A moving oncoming vehicle does not have to collide with yours for a contravention to occur, and saying that nobody stopped is not a complete answer to a failure-to-give-priority allegation.

The priority sign does not contain a general exemption for residents, deliveries, taxis, motorcycles or Blue Badge holders. A smaller vehicle or a familiar route does not by itself remove the requirement to give way.

Following the vehicle ahead is not an exemption. If a van or bus blocked your view, distinguish a sign that was genuinely hidden from proceeding before you could check for oncoming traffic. The decisions below show why this distinction can change the outcome.

If you rely on a specific legal exception or an instruction given at the scene, identify it and provide the supporting evidence. Urgency, congestion or an unfamiliar route may instead be reasons to ask the authority to exercise discretion. They do not automatically establish a legal ground for cancellation.

• The contravention did not occur: use timestamped frames to explain why the oncoming vehicle's position and distance did not require you to wait when you proceeded.
• You had already given way: show the vehicles you allowed through, when you moved and how the next oncoming vehicle approached. Earlier compliance matters only if the later movement was also lawful.
• The sign or plate was missing, obscured or inadequately positioned: provide evidence from your approach at the relevant time, not just a close-up taken beside the sign.
• The recording does not prove the allegation: identify a missing part of the approach, an unseen opposing vehicle or a mismatch between the footage and sign photographs.
• You were not the liable owner, the vehicle was used without consent or a qualifying hire applies: provide the dated documents relevant to that ground.
• The penalty exceeds the amount applicable: compare the amount demanded with the scheme and circumstances on the notice.

4. How to make a formal representation to Bexley

Send formal representations to Bexley within 28 days beginning with service of the Code 37 PCN. Explain the ground relied upon and attach the evidence supporting it.

The initial 50% discount applies during the first 14 days beginning with the date of the PCN. A challenge does not automatically extend that period. Check the council's policy and any renewed offer in its reply.

1. Open Bexley's PCN service below. Enter the PCN reference (prefix XL) and vehicle registration to find the notice and evidence.
2. Enter your vehicle registration and PCN reference, which starts XL followed by eight characters, to view the evidence or submit a challenge. This portal is not for Fixed Penalty Notices.
3. The portal says PCN details can take up to 24 hours to appear. Select the challenge or representation route without paying if you want to dispute the notice.
4. If CCTV playback judders, Bexley recommends using the three-dot menu at the bottom right of the clip to download or view it. Include relevant supporting evidence with your challenge, such as a recovery document for a breakdown.
5. Explain which part of the Code 37 allegation you dispute. Include the PCN reference, vehicle registration, your address and copies of photographs or records supporting each point.
6. Save the full submission, attachments and dated acknowledgement.

5. How long does Bexley have to respond?

London Tribunals says the authority "should normally respond to representations within 3 months". Keep Bexley's acknowledgement and the date your representations were received.

6. If Bexley rejects your representation

A formal Notice of Rejection explains Bexley's decision and how to appeal to London Tribunals. You have 28 days beginning with service of that notice to pay or register your tribunal appeal.

Compare the reply with the Code 37 grounds and evidence you submitted. Identify any unanswered point, missing evidence or inconsistency between the restriction and the recorded event. Keep the rejection notice and the appeal details supplied with it.

7. Taking your Bexley appeal to London Tribunals

London Tribunals is independent of Bexley. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 37 contravention or liability is disputed.

There is no fee to register the appeal. If it is refused, the full penalty is normally payable; an earlier discount does not automatically continue. If registering late, explain the delay so the adjudicator can decide whether to accept the appeal.

Read Bexley's evidence pack and respond to the points relevant to your case. Keep to the tribunal's directions and evidence deadlines.

2025 London Tribunals results: shared context

18 of 81 recorded cases were allowed (22.2%).

Full Code 37 PCN Appeal Guide

Read the detailed legislation, signage requirements, exemptions and case analysis for this contravention.