How to Appeal
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.
The council is a member of the Parking and Traffic
Regulations Outside London (PATROL) Adjudication Joint
Committee. The Joint Committee publishes an Annual Statement
of Accounts which is subject ot External Audit and the arrangements
for 2010/11 can be found at the
PATROL 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.
This webpage was updated on
6/14/2011