Appealing against a Penalty Charge Notice
Details on the circumstances of when we will cancel and how to appeal the issuing of a Penalty Charge Notice
Appealing against a parking Penalty Charge Notice
We will only cancel a PCN in certain circumstances. We will not cancel them for the following reasons:
- I went to get some change for the machine.
- I could not find anywhere else to park.
- I couldn't see the point of having a yellow line there.
- My permit application is in the post.
- I thought I was legally parked, but I made a mistake.
- I lent the car to a friend and they will not pay.
- This is too much money to ask for a parking offence.
- I am not the owner/keeper of the vehicle because I hired/leased the vehicle.
What can I do if I feel that I have been treated unfairly?
If you receive a parking PCN, that you feel is unfair, you can challenge it.
Providing we receive your challenge within the discount period of 14 days, we will give you a further opportunity to pay at the discount rate if we do not accept your challenge. If you challenge outside the 14 days the full amount of the PCN is payable.
If you do not pay the PCN within 28 days, the registered keeper of the vehicle will receive a document called a Notice to Owner explaining how to make a formal representation.
If you make a formal representation which is rejected and you still disagree with the decision, you can appeal to the Parking and Traffic Appeals Service. An independent adjudicator will then review your case and his or her decision will be binding on both sides.
If your vehicle is clamped or removed and you feel it is unfair, you can make representations against it after you have paid the penalty charge and release fees.
Details on how to do this will also be given to you when you have paid the fees. You must make a representation within 28 days of receiving the PCN.
Appeals in detail
There are three stages of appeals - initial correspondence, representations and appeals to the Parking Adjudicators.
Correspondence
If you have received a PCN that you do not think should have been issued you can write to the address, shown below, (within 14 days) explaining why.
Please do not telephone, as we are unable to accept appeals over the telephone.
Lambeth Parking Services
PO Box 4525
Worthing
BN13 1XT
We will investigate the points raised in your letter, make a decision as to whether or not the Penalty Charge Notice must be paid and let you know as soon as we can.
We anticipate responding to initial correspondence within 3 months.
Providing we receive your challenge within the discount period of 14 days, we will give you a further opportunity to pay at the discount rate if we do not accept your challenge. If you challenge outside the 14 days the full amount of the PCN is payable.
Representations
You may make formal representations to the council only after receiving a Notice to Owner.
There are only seven grounds on which representations may be made and details of these are given on the Notice to Owner and shown below.
- The PCN was incorrectly issued or I am not liable to pay the PCN because:
- The contravention did not occur (the vehicle was elsewhere at time of offence).
- I was not the owner/keeper of the vehicle at the time of the contravention (provide all details).
- The penalty charge has exceeded the relevant amount.
- The vehicle had been taken without my consent (provide details i.e. crime reference number).
- The traffic order was invalid.
- We are a hire firm and have supplied the name of the hirer (provide all details).
The parking attendant was not prevented from serving the peanlty charge notice.
If your vehicle has been removed you will be given a representations form after you have paid for the release of the vehicle at the car pound. We will then investigate your representation and respond within 56 days.
If the PCN cannot be cancelled, you will be told the reasons why and sent a form that will allow you to appeal to the Parking Adjudicators if you disagree with our decision.
The Parking Adjudicators
An experienced lawyer who is independent of the council will consider your case.
- You cannot appeal to the Parking Adjudicators until the council has told you that your representation has been rejected.
- You may choose whether to attend the hearing in person or deal with it by post.
- The Adjudicator's decision is final and binding upon both you and the council.
- You can find out more about the Parking Adjudicators by visiting their website: www.parkingandtrafficappeals.gov.uk
Appeals are held at Parking and Traffic Appeals Service (PATAS) centre, Angel Square, Upper Ground Floor, Block 2, London EC1V 1NY.
Appealing against a moving traffic Penalty Charge Notice
If there is any reason why you think that you should not have to pay a moving traffic PCN, you should write to us as soon as possible. Please do not telephone, as we are unable to accept appeals over the telephone.
The legal grounds for making representations are listed here. There are only five grounds on which representations may be made and details of these are given on the PCN and shown below.
- The PCN was incorrectly issued or I am not liable to pay the PCN because:
- I was not the owner of the vehicle at the time.
- There was no contravention of an order or failure to comply with an indication on a sign.
- The vehicle was being used without your consent.
- I/We are a hire firm and the person hiring the vehicle had signed a statement accepting liability.
- The penalty charge exceeded the amount applicable in the circumstances of the case.
If your representation is not successful at this stage, you will be provided with an appeals form. This form allows you to make an appeal to the independent adjudicator.
Please note that a Notice to Owner will not be issued for a moving traffic PCN. If the charge is not paid after 28 days, or an appeal upheld, a Charge Certificate will be sent to the registered keeper. This will increase the fine by 50%.
Appealing against a Penalty Charge
You may challenge a Penalty charge on prescribed statutory grounds or if we accept that there are mitigating circumstances.
What can I do if I feel that I have been treated unfairly?
If you receive a parking PCN, that you feel is unfair, you can challenge it.
Providing we receive your challenge within the discount period of 14 days (or 21 days if we have sent you a Parking PCN by post), we will give you a further opportunity to pay at the discount rate if we do not accept your challenge. If you challenge outside the discount period, the full amount of the PCN is payable.
If you receive a Postal Parking PCN or a Moving Traffic PCN you are entitled to make formal representations to the council within 28 days of these notices being served (delivered). The Notices explain how and on what grounds you may make representations and provide a form for you to do so. If you receive a parking PCN on street then you will only be able to make formal representations once you have received the Notice to Owner. If you receive a Bus Lane PCN then you will only be able to make formal representations once you have received an Enforcement Notice.
If you make a formal representation which is rejected by the council and you disagree with the decision, you can appeal to the Parking and Traffic Appeals Service. An independent adjudicator will then review your case and his or her decision will be binding on both sides.
If your vehicle is removed and you feel it is unfair, you can make representations against it after you have paid the penalty charge and release fees.
Details on how to do this will also be given to you when you have paid the fees. You must make a representation within 28 days of collecting your vehicle from the car pound.
Appeals in detail
There are three stages of appeals – early representations, formal representations and appeals to the Parking Adjudicators.
Early Representations (Bus Lanes and On-Street Parking PCNs only)
If you have received a PCN that you do not think should have been issued you can write to the address shown below explaining why.
Please do not telephone, as we are unable to accept appeals over the telephone.
Lambeth Parking Services
PO Box 4525
Worthing
BN13 1XT
We will investigate the points raised in your letter, make a decision as to whether or not the Penalty Charge Notice must be paid and let you know as soon as we can.
Providing we receive your challenge within the discount period of 14 days, we will give you a further opportunity to pay at the discount rate if we do not accept your challenge. If you challenge outside the discount period the full amount of the PCN is payable.
Formal Representations
You may make formal representations to the council only when you receive one of the following statutory documents:
- A Notice to Owner
- An Enforcement Notice
- A Postal Parking PCN
- A Moving Traffic PCN
There are set grounds on which you may make representations depending on what type of notice you receive. In addition the Council will consider other mitigating circumstances which you set out. The grounds are set out on the back of each notice.
If your vehicle has been removed you will be given a representations form after you have paid for the release of the vehicle at the car pound. The grounds upon which you may appeal against the removal of your vehicle are detailed on the representations form. We must then investigate your representation and respond within 56 days.
If the PCN cannot be cancelled, you will be told the reasons why and sent a form that will allow you to appeal to the Parking Adjudicators if you disagree with our decision.
The Parking Adjudicators
An experienced lawyer who is independent of the council will consider your case.
- You cannot appeal to the Parking Adjudicators until the council has told you that your formal representations have been rejected.
- You may choose whether to attend the hearing in person or deal with it by post.
- The Adjudicator's decision is final and binding upon both you and the council.
- You can find out more about the Parking Adjudicators by visiting their website: www.parkingandtrafficappeals.gov.uk
Appeals are held at Parking and Traffic Appeals Service (PATAS) centre, Angel Square, Upper Ground Floor, Block 2, London EC1V 1NY.
Further Action regarding unpaid Penalty Charges
If you do not pay or make representations within the time allowed, a Charge Certificate will be sent to the registered keeper. This will increase the Penalty Charge by 50 per cent.