If you have received a Penalty Charge Notice (PCN) that you think should not have been issued you may challenge it by lodging an objection/appeal.

Do not ignore PCNs; failing to take action (pay or appeal) will result in the cost increasing.

If you wish to appeal, do not pay the PCN, but submit your objection/appeal to us within 14 days of the date it was issued.

If your payment or appeal is not received after 28 days, we will send the registered keeper/owner of the vehicle a Notice to Owner (NtO), at which time he or she may appeal.

If you are the registered keeper/owner of the vehicle but were not the driver, do not pass the Notice to Owner to the driver; it is your responsibility to deal with the matter by paying the penalty charge or by appealing.

Do not telephone about your PCN. Due to the possible legal consequences of the matter, we are unable to accept objections/appeals over the telephone.

Write to Parking Services at the Civic Centre, setting out the reason why you believe the PCN should not have been issued. Please note that if your objection/appeal is not received within 14 days the full penalty charge will apply.

You may also submit your initial objection/appeal (within 14 days) by using our online Penalty Charge Notice Representation Form.

If your objection/appeal is successful, we will cancel the PCN.

If your objection/appeal is rejected, we will write to you setting out the reason why. We will allow you 14 days from the date of our letter notifying you of our decision, to finalise the matter by paying the charge at the discounted rate.

Representation Grounds

The Road Traffic Act 1991 states that the owner/keeper of the vehicle may make representations against a PCN in writing on certain grounds, which are as follows:

• The contravention did not occur: - e.g. the contravention as described on the PCN did not happen.
• The penalty exceeded the relevant amount: - e.g. you are being asked to pay the wrong amount.
• The Traffic Regulation Order was invalid: - this applies if the Traffic Regulation Order is incorrect or faulty in some way.
• Your are not the owner of the vehicle: - e.g. the vehicle was sold before the contravention occurred. You should submit evidence to support your claim (Bill of Sale, confirmation from insurance company etc).
• The vehicle was taken without your consent at the time of the contravention: - e.g. the vehicle was stolen at the time the PCN was issued. You should submit evidence to support your claim (Police Crime Report number).
• You are a hire company and have provided details of the hirer’s name and address: - Note that this only applies to hire companies where the hirer has signed a statement of liability acknowledging liability for PCNs issued during the period of the hire agreement.

 Additionally PCNs issued from 31 March 2008 under The Traffic Management Act 2004 may be challenged on these additional grounds.

• There has been a procedural impropriety by the enforcement authority.
• The Penalty Charge has already been paid.
• Any other reason why you consider the council should cancel the Penalty Charge Notice and refund any sum already paid.

On receipt of your appeal, following a careful review of all the circumstances we will either cancel the PCN or, if the appeal is rejected, we will send the registered keeper/owner a Notice of Rejection letter, setting out the reason for our decision.

If the Council rejects your appeal, the Notice of Rejection letter you receive will advise you to either pay the PCN or submit an appeal to the Traffic Penalty Tribunal (relevant appeal forms will be enclosed with the letter).

The Traffic Penalty Tribunal

• You cannot appeal to the Traffic Penalty Tribunal until the Council has notified you that your formal representation (appeal) has been rejected.
• An experienced lawyer who is independent of the Council will consider your case.
• You will be given the option of having your appeal dealt with in person or by post.
• The Adjudicator's decision is final and binding on both you and the Council.

You can find out more by visiting the Traffic Penalty Tribunal website.

If you lose your appeal

You will be notified of the outcome by the Traffic Penalty Tribunal  and are allowed 28 days to finalise the matter by payment of the full penalty charge.

If You Do Not Pay

If in any of the following circumstances you do not pay an outstanding penalty charge within 28-days:

• following receipt of a ‘Notice to Owner’ letter from the Council (unless you submit a formal representation), or
• following receipt of a ‘Notice of Rejection’ Letter, or
• following notification from the Traffic Penalty Tribunal that your appeal has been rejected.

We will send a Charge Certificate notifying you that the charge has increased by an extra 50 per cent.

Please note that you have no right to appeal at this stage.

If payment of the penalty charge remains outstanding after we send you a Charge Certificate, we will register the charge as a debt at the Traffic Enforcement Centre. A sum to cover court costs is added at this stage. If you do not pay the debt or make a Statutory Declaration (PCNs issued prior to 30 March 2008)  or a  witness statement (PCNs issued 31 March 2008 onwards)  within 21 days, the Council will apply to the County Court for a Warrant of Execution, which authorises the Council to recover the unpaid charge using their Certified Bailiffs. The Bailiffs will add their charges to the outstanding debt, increasing the total amount of your debt.

What is a Statutory Declaration?

A Statutory Declaration is an oath sworn by the person who has a debt registered against them. The Council issues the appropriate form after they have registered the debt at the Traffic Enforcement Centre.

You may only make a Statutory Declaration if:

• You did not receive a Notice to Owner; or
• You made formal representations to the Council but did not receive a Notice of Rejection; or
• You appealed to a Parking Adjudicator but did not receive a response from the National Parking Adjudication Service.

The Statutory Declaration must be signed in the presence of:

• A Commissioner for Oaths; or
• An officer of the County Court; or
• A magistrate

What is a Witness Statement?

A witness statement is a similar form to a statutory declaration however there is no need to have the statement sworn at a court or commissioner for oaths.