The council’s parking civil enforcement officers will issue a penalty charge notice (PCN) when a vehicle is found parked in contravention of parking regulations.
Currently the cost of a PCN can be £50 or £70, depending on where and for what it was issued.
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. Our postal address is shown above, and on the rear of the Penalty Charge Notice.
Parking Services, Ashford Borough Council, Civic Centre, Tannery Lane, Ashford, Kent, TN23 1PL
Please remember to use your Penalty Charge Notice number as a reference. If you do not have this please provide as much information as you can (location, date, vehicle registration). We may need to ask further information.
You may also submit your initial objection/appeal (within 14 days) by using our PCN 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.
Each case is considered on its own merits. The following policy guidance for the enforcement and cancellation of PCNs [pdf] 640KB represents a basis for applying fairness and discretion in the enforcement and cancellation of PCN:
These guidelines are continually reviewed and revised if necessary.
The Traffic Management Act 2004 states that the owner/keeper of the vehicle may make representations against a PCN in writing on certain grounds. These are listed on the Notice to Owner form that is sent to the registered keeper/owner of the vehicle at least 28 days after the date of the issue of a Penalty Charge Notice (or along with the Penalty Charge Notice served by post).
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.
The Traffic Penalty Tribunal (TPT) consider appeals against penalties issued for parking, bus lane and moving traffic contraventions in England (outside London) and Wales as well as penalties issued for failing to pay a charge at the Dartford river crossing.
Ashford Borough Council civil enforcement officers (CEOs) currently only issue penalties for parking contraventions.
N.B. You cannot appeal to the Traffic Penalty Tribunal until after the council has notified you that your formal representation (appeal) has been rejected. This means it is only after a Notice to Owner has been served, and a formal representations has then been rejected, that one may appeal to the TPT.
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.
We will send a charge certificate notifying you that the charge has increased by an extra 50 per cent if you do not pay an outstanding penalty charge within 28-days of any of the following circumstances:
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 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.
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.