It was only recently one London council admitted they chucked 50% of the PCN appeals streight in the bin. So if your appeal is refused, go to te next stage to. The independent Parking Adjudicator
A message from the editor exfl.om- Appeal to everything (Dispute) to the parking office that sent you the ticket, keep a copy of all correspondence, and send all letters recorded delivery. If they turn down your dispute, then appeal to the parking adjudicator (its free). At the very least, the cost to the PCN issuer for processing you appeal, will be more than the revenue they get from the fine. So even if you loose, they will loose what they crave most " your money"...
Your parking ticket is called a Penalty Charge Notice and has been issued by a council enforcing parking under the Road Traffic Act 1991.
You have received a Notice to Owner form from the council claiming you are liable for payment of a Penalty Charge Notice or PCN.
You have challenged the Notice to Owner and you received a letter from the council saying that your representation had been rejected. This letter is known formally as a Notice of Rejection of Representations.
If your vehicle was clamped or removed by the council, you may only appeal if you have first made formal representations against the councils actions and have received their Notice of Rejection of Representations.
Making an Appeal
With their Notice of Rejection of Representations the council must send you
an NPAS Notice of Appeal form. You may either pay the charge or
you must use this form to make your appeal within 28 days.
You should decide which of the legal grounds of appeal applies in your case. These are listed on the Notice of Appeal and are the same as those listed on a Notice to Owner.
The legal grounds for appeal are as follows:
The contravention 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 hirers name and address.
If the vehicle has been clamped or removed, ground (4) above does not apply, but the following, additional grounds apply:
A current disabled persons badge was on display on the vehicle.
Less than fifteen minutes had expired after paid-for time existed.
You should offer any evidence in your possession that may support your case. This may include copies of any pay and display tickets, photographs or even witness statements. You are advised to send copies, as NPAS cannot undertake to return these items to you during or after an appeal.
You should decide whether you want your appeal decided on a postal or a personal basis. If you want a personal appeal, you should choose one of the appeal venues listed on the Notice to Appeal form.
The Appeals Process
When they receive a Notice of Appeal, NPAS staff will make some basic checks and if everything is in order it will be registered as a formal appeal. After this, a number of things will happen:
You will be sent formal acknowledgement that your appeal has been received
and registered. If you have asked for a postal decision, you will be notified
of the week in which your appeal is due to be decided.
The council will be notified that an appeal has been lodged and will be given 21 days to submit their evidence to the Adjudicator. At the same time they must submit a copy of this evidence to you, as the appellant.
If you have asked for a personal appeal, NPAS staff will schedule it for the next appropriate hearing at the venue of your choice and will give you at least 21 days notice of the precise date, time and venue location.
As the term implies, in a personal appeal the Adjudicator will consider the appeal based solely on the written evidence you and the council have supplied. A written decision will be sent to both parties, normally within a week of the case being decided.
Personal hearings normally last about 20 minutes and are held in premises independent of the local council. You may choose to have your personal appeal heard in any of the venues listed on the Notice of Appeal form, irrespective of where the PCN was issued.
Hearing venues are generally well known buildings in the community such as libraries, leisure centres or hotels. They generally have excellent access for people with disabilities although it is often helpful for an appellant to advise NPAS staff in advance if special facilities or access is likely to be necessary.
In common with most other legal proceedings, parking appeals are open to the public and, in theory anyone may attend as an observer, although this is rare. The council may choose to send a representative, although this is also uncommon, as most elect to rely on their written evidence alone.
Personal appeals are relatively informal in nature. Those attending are normally just the Adjudicator, the appellant and occasionally a council representative. You will have the opportunity to put your case to the Adjudicator and to answer any questions he or she puts to you. Although those attending are not required to give their evidence under oath, all parties are reminded of their duty to tell the truth at all times.
You may choose to bring a relative or supporter with you to a personal appeal. Witnesses may also attend. Due to the informality of the proceedings, legal representation is seldom necessary.
At the end of the hearing, the Adjudicator will almost always give his or her decision. This decision is confirmed in writing to you and the council, normally within seven days.
After the Decision
After the Adjudicator has made his or her decision, confirmation will be sent to the appellant and the council. Normally, this letter will say one of two things:
That the appeal is upheld and the appellant is not liable to pay the penalty
That the appeal is refused and the appellant is liable to pay the penalty charge.
If the appeal was against the clamping or removal of a vehicle, a typical confirmation letter might say:
That the appeal is upheld, in which case the council must refund any charges
That the appeal is refused and that the council may retain the charges paid when the vehicle was released.
What Happens Next?
If you win your appeal and your liability for the penalty charge is cancelled, this should be the end of the matter. If you have paid any money to the council, for example to reclaim your vehicle from the removal pound, the council must refund this forthwith. If you lose your appeal, you must pay the charge due to the council within 28 days of the Adjudicators decision. If you fail to do so, the council will be entitled to continue enforcement proceedings against you. The full enforcement process is covered elsewhere on this website.
The Adjudicator has the power to consider an application for costs from either party. However, such instances are extremely rare and if costs are ever awarded, the sums involved are extremely low.
The grounds on which an Adjudicators decision may be challenged and reviewed are few. Simply feeling unhappy with the Adjudicators decision is not grounds for review! A review may be granted for example if it is believed that an Adjudicator may have wrongly interpreted and applied the law. Such instances are extremely rare. Either party must apply for a review within 14 days of the Adjudicators decision. The only way to contest an Adjudicators decision, other than through the review process, is by application for Judicial Review in the High Court.
Paying your Penalty Charge
If you appeal to the Independent Parking Adjudicator but lose your appeal,
you will have to pay the penalty charge within 28 days.
If you dont pay within 28 days the council may send you a document called a Charge Certificate which will increase the penalty charge by a further 50%. You will have 14 days to pay this increased charge.
If you dont pay the increased amount within 14 days the council may apply to register the charge as a debt in the County Court, in which case further charges will apply. At this stage the council will send you two documents; a Notice of debt Registration and a Statutory Declaration form. You should complete the latter only if you can show that an earlier, critical stage in the enforcement process has been missed out.
A statutory declaration has to be witnessed and signed by a Justice of the Peace or a Commissioner for Oaths (solicitor). You may have to pay a small charge for this service. You should then send this form to the County Court. If the Court accepts the statutory declaration it will be forwarded to the council. What happens next depends on what ground you chose on the form.
If you do not pay the amount due or make a successful statutory declaration, the council may apply to the County Court for a Warrant of Execution. This will normally be passed to certified bailiffs who are entitled to recover the debt, plus their own charges, direct from you.