All appeals or objections must be made in writing:
Object to a Parking Fine (PCN) online
alternatively you can email email@example.com
or send a letter addressed to:
Church Square House
PO Box 42
There are three main stages:
This is an informal stage of appeal which can be made when you first receive a parking fine (penalty charge notice).
You should either complete an online form or Put your objection in writing and send it to the address on the back of the PCN.
Please note this form can only be used to make an objection. If you wish to make a representation you must wait until you receive a Notice to Owner form and complete this document.
Your case will be investigated and considered in-line with the council's agreed procedures.
We will write to you with our decision.
If your objection is accepted the PCN will be cancelled. If it is rejected you have the option to pay, (if your objection was received within 14 days of the PCN issue date then you will be given a further 14 days to pay at the reduced rate of £25 or £35), or wait for the Notice to Owner to make a formal representation. The discounted rate will not apply if payment is made after this 14 day period or if you choose to make a formal representation
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This is a formal stage of appeal which can only be made after receiving a 'Notice to Owner'. The 'Notice to Owner' is sent to the owner/keeper of the vehicle registered at DVLA (regardless of who was driving). You can opt to pay the charge at this stage or you may wish to make a representation.
Your case must be put in writing using the Notice to Owner form and will be considered by an independent officer at the council. We will respond to formal representations within 56 days from the date of receipt. Where we do not respond within 56 days your penalty charge notice will be cancelled.
Representations should be made on one of the statutory grounds below. If none of these grounds apply to your case you can still make representations to the council and ask them to take mitigating circumstances into account.
The contravention did not occur:
Tick the box on the form if the contravention described on the notice did not happen. For instance if the PCN is for overstaying in a pay and display area and a valid pay and display ticket was displayed, or if the PCN is issued for parking on a yellow line when you were in fact legally loading. When returning the form you should enclose such details as a valid pay and display ticket or delivery note.
I was not the owner/keeper of the vehicle at the time of the contravention:
Tick the box on the form if you did not own the vehicle when the PCN was issued. When returning the form please enclose details such as a receipt of sale/purchase or a copy of the DVLA registration form. You must give the name and address of the person who bought/sold the car and the date of the sale/purchase in the box provided.
The vehicle had been taken without my consent:
Tick the box on the form if the vehicle had been stolen at the time the PCN was issued. When returning the form you should enclose evidence such as a police crime report number or insurance claim.
We are a hire firm and have supplied the name of the hirer:
Tick the box on the form if you are a hire company and the hirer has signed a formal agreement accepting liability for penalty charges. You must complete the name and address of the hirer on page three and enclose a copy of the signed hire agreement.
The penalty charge exceeded the relevant amount:
Tick the box on the form if the PCN asked you to pay more than you are legally liable to.
There has been a procedural impropriety on behalf of the council:
Tick the box on the form if you believe the council has acted improperly or in breach of the regulations made under the Traffic Management Act 2004. Please supply details.
The traffic order was invalid:
Tick the box on the form if you believe that the parking restriction in question was invalid. This applies for instance, if the council had not followed the correct procedure for passing the Traffic Regulation Order. When returning the form you should enclose details.
The penalty charge has been paid, either in full or at discounted rate within the discount period:
Please supply details and supporting evidence such as receipt of payment.
If none of the grounds shown above apply, but you believe there are mitigating circumstances in your case, please supply details on the form.
See the parking enforcement policy [DOC, 278kb] for circumstances when discretion may be applied.
We will treat each case on its own merit, taking into account individual circumstances. The council has produced a set of guidelines for the consideration of challenges against penalty charge notices.
However, it is unlikely that the following reasons would be sufficient on their own to justify the cancellation of a PCN:
- There was nowhere else to park;
- I thought I was parked legally but made a genuine mistake;
- This is the first time I've got a parking ticket/I won't do it again/I'll be more careful next time;
- I only stopped for a minute;
- There was no need for a yellow line at that location;
- I did not see the sign or lines;
- I was parked outside my own house;
- I went to get change for the pay and display machine and it took a long time;
- I got lost and so could not return in time to my vehicle;
- Other vehicles were also parked illegally and I did not see them get a ticket;
- I was doing work at the property and there was nowhere else to park;
- I had lent the car to a friend and they won't pay the penalty;
- I was delayed in an important meeting;
- My ticket/permit/blue badge had fallen on the floor again/I had forgotten to display it again;
- I did not know I had to pay and display.
If your representation is accepted you will be notified that the penalty charge notice has been cancelled. Otherwise you will be sent a formal Notice of Rejection and you then have the option to pay £50 or £70 or appeal to the independent adjudicator.
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If your representation is rejected by the Council you can appeal to the Traffic Penalty Tribunal (TPT).
The adjudicators are experienced lawyers who are independent of the enforcement authority and they will consider your case on one of the eight grounds listed above. Their decision will be final. Appeals cannot be made to the TPT unless the owner has first made a formal representation to the enforcement authority.
Appeals can be decided either by post or in person. A personal hearing centre is available in Scunthorpe and also at a number of other towns and cities throughout the country. There is no charge to the appellant for submitting an appeal to the TPT.
Further information about the TPT can be found on the Traffic Penalty Tribunal website. If you lose your appeal and do not pay or ignore the Notice to Owner you will be sent a charge certificate which increases the original charge by 50 per cent to either £75 or £105 depending on the contravention which had occurred. There are no rights of appeal at this stage of the process.
If you still do not pay, the charge will be registered as a debt at the Traffic Enforcement Centre at Northampton county court and ultimately a warrant will be issued to bailiffs who will add their own costs to the penalty charge.
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 to External Audit and the arrangements and timetable for 2010/11 can be found on the PATROL website.
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