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How to Challenge a Penalty Notice


 

   
How to Challenge a Penalty Charge Notice (PCN)

If you believe your PCN was issued wrongly and you wish to appeal you should:

  • hold off paying the charge
  • and write (as soon as possible) to the address on your PCN explaining why it should not have been given to you.  All enquiries and challenges must be made in writing - you can use the pdf icon Challenge a Parking Penalty Charge Notice form.  No challenge will be accepted by telephone or by visiting the offices

Your case will then be investigated and a decision will be sent to you.  If your challenge is successful, we will cancel your PCN.

If your challenge is rejected you will be given a further opportunity to pay your PCN at the discounted rate of £35/£25 as long as the payment is received within 14 days of receiving the letter of rejection, and providing you had sent in your challenge within 14 days of receiving your PCN.  However, the Council has the right to withdraw this concession in the case of individuals suspected of abusing the system.

If your challenge is rejected and you wish to contest it further, you should not make payment but instead await the issue of Notice to Owner (NTO) to the registered keeper.  This will be sent at least 28 days after the PCN has been issued.  The opportunity to pay at the reduced amount is surrendered at this stage.

Once the Notice to Owner is sent you can decide whether to pay or make a formal representation contesting the PCN.  Representations may be made on the Notice to Owner on one of the following grounds:

  • The contravention (offence) did not occur
  • The penalty exceeded the relevant amount
  • The Traffic Regulation Order was invalid
  • I was not the owner of the vehicle when the alleged contravention occurred
  • The vehicle was taken without my consent (e.g. stolen) at the time the alleged contravention occurred
  • We are a hire company and have supplied the hirer’s name & address

There are no grounds for making an appeal where the recipient acknowledges that a contravention occurred but argues that there were extenuating circumstances.  However, the Council will consider such cases on their merits.

Details of where to send the Notice to Owner will be included in the form.  

If your formal representation is rejected (Notice of Rejection), details of a Traffic Penalty Tribunal will be enclosed which allow you to appeal to an independent adjudicator whose decision is final and binding on both parties.

  

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Last Modified on the 26. August 2008 at 09:36:30 AM
Todays date -- Saturday 10th January 2009