Waltham Forest Code 38 PCN Appeal (2026)

1. What does Waltham Forest Code 38 mean?

Code 38 means that your vehicle is alleged to have passed on the wrong side of a keep-left or keep-right sign. The sign is a blue circle with one white arrow pointing diagonally downwards. Down-left means pass to the left of the sign; down-right means pass to its right.

The allegation often arises at a traffic island or a narrow gap beside a bollard. Code 38l identifies a requirement to pass to the left and Code 38r to the right. Passing through a wider gap on the other side can establish the contravention even when the road is empty.

Contravention

Code 38: failing to comply with a sign requiring traffic to pass on its specified side

Issuing authority

London Borough of Waltham Forest

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

Waltham Forest, then London Tribunals after a formal Notice of Rejection.

2. What must Waltham Forest establish?

The evidence must identify the relevant sign and show your vehicle passing on the prohibited side. The presence of a bollard or a narrow gap does not, on its own, explain which instruction your vehicle was alleged to have disobeyed.

Diagram 610 is the keep-left or keep-right sign. It directs traffic past the side of the sign indicated by its single diagonal arrow. Check the sign front facing your approach, not an arrow intended for traffic coming the other way.

Diagram 611 shows two downward arrows. It is an information sign indicating that traffic can pass either side and reach the same destination immediately beyond. It is not a keep-left restriction, and a photograph of 611 cannot by itself establish a failure to obey 610.

Straight left, right or ahead arrows at a junction, and bent turn-ahead arrows, give a different instruction. Those are diagrams 606 and 609, normally relevant to Code 32. Do not confuse turning at a junction with passing on a specified side of a sign.

• The actual sign: establish a diagram 610 arrow facing the vehicle's approach and the side it required traffic to use. A plain bollard or diagram 611 is not interchangeable with it.
• The recorded passage: the complete CCTV should identify the vehicle, approach, sign and side passed. Check whether the recording or supporting photographs genuinely establish the sign front at the incident date.
• A readable approach: compare dated photographs with the recording for damage, rotation, parked vehicles, foliage or temporary works. Where a width restriction is involved, examine advance warnings and the point at which a driver could still change route.
• The applicable lighting rule: a sign on a road above 20 mph and within 50 metres of a street-lighting lamp is subject to the conditional direct-lighting requirements in Schedule 3 Part 4 paragraph 4. Self-righting bollards and temporary roadworks signs have specified exceptions; an internally lit bollard has its own requirement.
• The legal basis: diagram 610 can be used without a traffic order. If the authority also relies on an order for a width restriction or other control, check its actual terms and extent rather than assuming the missing order alone defeats the keep-left allegation.
• Liability and notice: check the PCN description, service and liable owner. A vehicle identity, ownership or hire dispute needs the relevant photographs or dated documents.

3. Grounds and exemptions for a Waltham Forest Code 38 appeal

Choose the issue that the evidence can establish. Explain why it changes whether your vehicle contravened this sign, rather than simply saying that the wider route seemed easier.

TSRGD makes specific provision for vehicles used for listed purposes, including ambulance, fire and police work, where obeying the keep-side requirement would be likely to hinder that use. The replacement requirement is that the vehicle must not pass beyond the sign in a manner or at a time likely to endanger anyone. The ordinary keep-side requirement also does not apply to tramcars or trolley vehicles.

A Blue Badge, Motability vehicle, delivery or wide vehicle is not a general exemption from a keep-left sign. A private journey to help an unwell passenger does not automatically satisfy the listed emergency-purpose provisions.

Where parked vehicles, an incident or police directions affected the route, explain exactly what happened and support it with the full recording, photographs or other records. The allowed obstruction example below turned on the adjudicator's finding that there was no realistic alternative; it was not permission for every large vehicle to use the other gap.

If your circumstances amount to mitigation rather than a legal ground, ask the authority to exercise discretion and provide evidence. London adjudicators cannot allow an appeal on general mitigation alone. Correcting the route after passing the sign does not necessarily undo the first passage.

• The wrong sign or side has been identified: show the actual arrow, your approach and the route taken. Check whether the sign was 610 or the two-arrow 611.
• The keep-left or keep-right instruction was not adequately visible: provide photographs or footage showing a damaged, turned, obscured or poorly visible sign and the relevant conditions at the time.
• A width-restriction approach was inadequately explained: identify unreadable or missing warning evidence and show where the driver could last have chosen another route. This depends on the particular layout, not a universal requirement for an extra warning sign.
• A genuine obstruction left no realistic safe alternative: document the parked or stopped vehicles, available gap, vehicle dimensions and why turning back was not practicable. Difficulty judging the gap or preferring the wider route is not the same issue.
• A specific exception or police direction applied: explain the vehicle's qualifying use or the direction given, with supporting records. Do not rely on an assumed exemption for all urgent journeys.
• The vehicle was not yours, you were not the liable owner, it was used without consent, or a qualifying hire transfers liability: attach evidence appropriate to the ground.

4. How to make a formal representation to Waltham Forest

Send formal representations to Waltham Forest within 28 days beginning with service of the Code 38 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 Waltham Forest's PCN service below. Enter the PCN reference and vehicle registration to find the notice and evidence.
2. Review available CCTV before challenging. The council's separate PCN viewer requires the PCN number and vehicle registration and provides details, photographs and footage where available.
3. Use the council-linked Parking Max challenge route and supply an email address to receive confirmation. Waltham Forest also accepts challenges at wfpcn@nsl.co.uk and says it sends an automatic receipt.
4. Do not pay a PCN you intend to challenge. For a postal challenge, allow delivery time and keep proof of posting; Waltham Forest says it cannot send an acknowledgement of receipt for postal representations.
5. Explain which part of the Code 38 allegation you dispute. Include the PCN reference, vehicle registration, your address and copies of photographs or records supporting each point.
6. Postal alternative: Parking Services, PCN Representation, PO Box 74924, London, E17 0UG. Allow time for receipt before the deadline and retain proof of posting.
7. Save the full submission, attachments and dated acknowledgement.

5. How long does Waltham Forest have to respond?

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

6. If Waltham Forest rejects your representation

A formal Notice of Rejection explains Waltham Forest'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 38 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 Waltham Forest appeal to London Tribunals

London Tribunals is independent of Waltham Forest. Use the registration instructions and verification details in the Notice of Rejection, upload your evidence and explain why the alleged Code 38 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 Waltham Forest'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

34 of 194 recorded cases were allowed (17.5%).

Full Code 38 PCN Appeal Guide

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