Motorists have the right to appeal against a Parking Fine (Penalty Charge Notice) if they consider that it has not been issued correctly.
What can I do if I don’t agree that a PCN should have been issued?
You can ‘challenge’ the issue of the PCN. Information on how to do this is on the back of the notice.
The Parking Management Team will look into your case and, using the Council’s cancellation and write off guidelines, will come to a decision. If your challenge is upheld the PCN will be cancelled and you will be informed. If, however, it is not upheld you will be asked to pay the PCN at the appropriate rate.
What if I still don’t agree with the council’s decision?
Assuming that you haven’t paid the PCN, a “Notice to Owner” (NtO) will be issued. On receiving this you can appeal to the Traffic Penalty Tribunal. Information on how to do this and the timescales in which it must be done will be in the notice to owner.
What is the Traffic Penalty Tribunal?
It a national independent body set up by the Government specifically to hear appeals against PCNs. Based in Manchester, all adjudicators are qualified legal professionals who will look at all the facts of the case and reach a decision as to whether the PCN should be paid or not. Each side can put their case (normally without attending) although it is the motorist’s right to have an appeal heard and attend the hearing. Hearings are arranged by the adjudication service at a local hearing centre of the motorist’s choice. The decision reached by the adjudicator is final and binding on both parties.
What happens if I don’t pay the PCN either before or after a representation has been rejected?
The PCN will be registered at a special County Court at Northampton when additional court administration fees will be added (currently £5 per case). You will be sent a notice of debt registration and given a further 21 days to make the payment.
What happens if I still don’t pay?
After 21 days have elapsed, the council can register the warrant and instruct certificated bailiffs to collect the unpaid PCN or seize goods to cover the value of the PCN plus any additional amount added by the bailiff company. This could increase the costs by a significant amount.
What can I do if I didn’t receive a Notice to Owner (NtO)
You can make a witness statement, witnessed by a commissioner for oaths, a duly appointed officer of a county court or a justice of the peace, to the County Court at Northampton who will forward it to the council. The council will likely send you a copy of the NtO and the process will re-commence from that point.
What can I do if I made a representation but did not receive a rejection notice or I appealed to the adjudicator and didn’t receive a response?
In both cases you can make a witness statement, witnessed by a commissioner for oaths, a duly appointed officer of a county court or a justice of the peace, to the County Court at Northampton who will forward it to the council. The council must in these circumstances refer the case to the adjudication service who will give such direction as they see fit.
How to make your appeal
Parking Fine Appeals must be made in writing, quoting both the Penalty Charge Notice reference number and the vehicle registration number, no later than 28 days after the date of issue.
Please note that facilities do not exist at the address below for personal interviews.
How will we process the appeal
The Penalty Charge Notice will be put on hold while it is being investigated and a reply will be sent in writing.
A response will normally be received with 7 working days.
What happens if my appeal is not successful
If you have completed this form within 14 days of the date of issue of the Penalty Charge Notice and your challenge is rejected, you will be given a further 14 days from the date of our reply to pay the reduced amount. This 14 day extension is totally at the council's discretion.
If I am not satisfied with the service I have received from the Council, how do I complaint?
If you feel we have failed to provide you with good service or are concerned about the progress of your appeal, please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.
Please see civil enforcement of Parking and Traffic Regulations outside London (PATROL) for further information including which councils are in the scheme and what to do if you receive a penalty charge notice.
For more information please visit Civil Parking Enforcement in Dudley.