None
Login / Register

Appealing your parking ticket!

Penalty Charge Notice

A Penalty Charge Notice ("PCN") colloquially known as a parking ticket, is issued in one of two ways. 

1.      By a Civil Enforcement Officer ("CEO") who serves the PCN by putting on your vehicle or handing to the person he/she believes to be the person in charge of the vehicle or

2.      The PCN is sent by post because

a.       it is issued via a Closed Circuit Television Camera (“CCTV”).

b.      the CEO was prevented by someone from serving it at the scene; or

c.    the CEO had begun to prepare a PCN but the vehicle was driven away before it was finished and issued

 

What happens next depends on whether the PCN was personally by a CEO or sent by post.

If the PCN was personally by a CEO

At this stage you have two choices pay the PCN or appeal.  The appeal at this stage is called an informal appeal or informal representation.  For completeness I will deal at the end with the payment stage because I appreciate that you are interested in the appeal procedure. 

Please note that if you do not make the initial informal appeal (see below) or pay the PCN the council will issue a Notice to Owner.

 

To appeal against a Penalty Charge Notice (PCN) DO NOT PAY IT!!!! 

IF YOU PAY THE PCN THE COUNCIL WILL SAY YOU HAVE ACCEPTED THE PCN AND CAN NO LONGER APPEAL IT!

To appeal against the PCN head up your letter APPEAL AGAINST PCN

You should state the grounds for your appeal and also give details of the PCN, your Vehicle Registration number and your full address and e-mail address.

Some councils allow appeals by e-mail, fax or by using their website as well as by post.  The PCN should show the details.

On receipt of the appeal the council (legally called "the Enforcement Authority") should consider the appeal and reply to you.

Whilst the council is not legally obliged to freeze or extend the 14 day limit for paying the reduced penalty lots of councils do agree to put the reduced charge on hold while they consider your appeal.

If the council turn down your initial informal appeal they will write to you telling you so.  They will often re-offer the discount to you if you pay in 14 days of their letter or state that if you want to continue the appeal you must wait for them to issue a Notice to Owner.

Please note that if you do not make the initial informal appeal or pay the PCN the council will issue a Notice to Owner.

Notice to Owner

If you want to continue the appeal you must wait for the issue of a issue a Notice to Owner This is issued to the person that appears to them to be the owner of the vehicle.

You should be aware that under the law the owner is normally (there are some exceptions for hire vehicles) liable to pay the PCN as it does not matter who was driving at the time of the alleged contravention.

 

The council normally obtain the owner information from the Driver and Vehicle Licensing Agency (DVLA) and will treat "registered keeper" as the owner.

 Service of the Notice to Owner

The Notice to Owner is served by post.

The person to whom it has been sent has 28 days, beginning with the date of service of the notice to appeal or pay the Notice to Owner.  The date of service is normally the date that the Notice to Owner arrives at the address it was sent to.  Your appeal must arrive with the council before that 28 day period expires!

If you want to appeal then do not pay the Notice to Owner.

You have to make another appeal this time against the Notice to Owner and once again this must be sent to the council (even though you appealed when the PCN was first issued!)

This is called a formal representation.

You should indicate the basis of and grounds of your appeal.

Once again it is important that you give details of the PCN, your Vehicle Registration number and your full address and e-mail address.

Councils may allow formal appeals by e-mail, fax or by using their website as well as by post.  The Notice to Owner must show the details of how you can make a formal appeal.

How to make a formal appeal.

Please note only the vehicle owner can appeal against a Notice to Owner (sometimesa:n authorised representative can if he/she has a signed letter of authority).

Remember if you appeal your appeal must be received by the council no later than 28 days, beginning with the date of service (the date of service is usually the date that the Notice to Owner arrives at the address it was sent to).  Your appeal must arrive with the council before that 28 day period expires!

The grounds on which you can appeal are

  1. the contravention did not occur;
  2. you were not the owner of the vehicle at the relevant time;
  3. the vehicle was parked by someone in control of it without the owner's consent;
  4. the vehicle is owned by a hire firm who have supplied the name and address of the hirer;
  5. the penalty exceeded the amount applicable in the circumstances of the case;
  6. there has been a procedural impropriety on the part of the Enforcement Authority;
  7. the Traffic Order allegedly contravened is invalid;
  8. the civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.
  9. the penalty charge has already been paid.

Most of the headings are self-explanatory and the contravention did not occur is the most common.

If none of the above grounds apply you can still ask the council to consider other reasons, e.g. mitigating circumstances, to cancel the PCN.

To be continued

 

 

© 2005-2009 Barrie Segal | Web Solutions by TWS Solutions