The procedure for appealing an unfair parking ticket (Penalty Charge Notice) clamping or towing away under the legislation introduced by The Traffic Management Act 2004 is weighted against the motorist.

But that having been said if a cool logical approach is adopted then dispite this inbuilt bias against you you should be able to present a congent and hopefully winning case.

Firstly Many people are worried when they want to appeal that the reason they want to appeal is not covered by the limited heads of appeal that the legislation states are the only basis of appeals i.e.

(a) that the alleged contravention did not occur; [Barrie's Note: this covers nearly every case]

(b) that the recipient—

(i) never was the owner of the vehicle in question; [Barrie's Note: E.g. the DVLA made an error]

(ii) had ceased to be its owner before the date on which the alleged contravention occurred; or

(iii) became its owner after that date;

(c) that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;[Barrie's Note: see note below]

(d) that the recipient is a vehicle-hire firm and—

(i) the vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;

(e) that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f) that there has been a procedural impropriety on the part of the enforcement authority;

(g) that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act(4) applies, is invalid;

(h) in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;

(i) that the notice to owner should not have been served because—

(i) the penalty charge had already been paid in full;

(ii) the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.

This list looks daunting but in most cases if a Penalty Charge Notice has been issued under the Traffic Management Act 2004  (or in Scotland The Road Traffic Act 1991) then an appeal ion the grounds that no contravention took place will cover cases for example there were no signs, no road markings or say the Penalty Charge Notice was issued before your time on the meter ran out.

It is most important to get your appeal in NOW rather than worry that the heading yunder which the appeal has been lodged is incorrect - but in any case the "no contravention took place" appeal should be sufficient for most cases (it needs to be expanded for clamping or towing away)

TO BE CONTINUED

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