There are eight statutory grounds to appeal a Penalty Charge Notice (PCN) and one more for PCNs served by post.
The nine statutory grounds to make representation are listed below. These are in accordance with a directive issued by the Local Government Ombudsman. Although, full consideration will be given and account taken of all representations received. This includes other Mitigating circumstances for appealing against a ticket, whether, or not, they come under 'Statutory Grounds'.
- The contravention did not occur. The Civil Enforcement Officer (CEO) or Council got it wrong.
- The penalty charge exceeded the relevant amount. You were overcharged.
- The Traffic Regulation Order was invalid. The Council added a new restriction, such as a yellow line and did not follow proper procedures in doing so.
- The motorist was not the owner/keeper of the vehicle at the time of the contravention. You were not the owner when the 'offence' took place.
- The vehicle had been taken without owner's consent. Your vehicle was stolen and the thief committed the offence.
- The owner is a hire company and have supplied the name of the hirer. A Hire Car Company owns the car. However, it was rented out to someone at the time of the PCN and their name and address has been given to the Council.
- There has been a procedural impropriety on behalf of the authority. The Council made an administrative error.
- Penalty Charge Notice was paid, either in full or at discounted rate within the discount period. You have paid the relevant fine in time, so it should not have been increased.
Below only applies to postal PCNs.
- The CEO was not prevented from serving the penalty charge in accordance with regulation 9 or 9a. The PCN was sent by post because:
- The authority claims that the CEO was prevented from putting it on the vehicle or handing it to the driver;
- but in fact, the CEO was not.
More information
S1. The contravention did not occur
S1.1 Where the motorist claims they were loading/unloading.
| May accept representations | May reject representations |
|---|---|
| On a waiting prohibition or in a controlled bay:
If evidence is available or provided to show:
If in the course of business, including commercial delivery/collections, couriers, multi drop parcel carriers, removal services, etc. |
On school zig zag markings. On bus stop clearways. On Taxi ranks. Where loading is prohibited:
|
S1.2 Where the motorist claims that a parking pay and display machine was faulty
| May accept representations | May reject representations |
|---|---|
| If service records confirm a fault or that the machine had been taken out of service at the time of the contravention.
If there is reasonable doubt because evidence not available to confirm that a machine was working at the time (test ticket) and there was not another ticket machine nearby which was operating correctly. If audit data confirms that there is a variance in the income taken on that day from the machine. |
If there was another ticket machine nearby that was working correctly at the time.
If there is no record of the machine being faulty or taken out of service. If there is reasonable doubt because evidence confirms that other visitors had been able to purchase tickets during the relevant period. |
S1.3 Where motorist claims that the restriction is not clearly or correctly signed or marked
| May accept representations | May reject representations |
|---|---|
| If signs and/or markings are missing or unclear.
If signs and markings are inconsistent with each other and/or Traffic Regulation Order. |
If site visit records or photographs establish that signs and/or markings are correct and consistent with each other and the Traffic Regulation Order. |
S1.4 Where motorist was carrying out building works
| May accept representations | May reject representations |
|---|---|
| If evidence confirms that the motorist was simply loading/unloading (see: policy S1.1, above).
If valid waiver to park at the location in question had been issued and was on display in the vehicle. If works are of a statutory nature or are exempted from restrictions by a Traffic Regulation Order. If it can be proven that works were an emergency. |
In all other circumstances. |
S1.5 Where motorist claims that PCN was not served (i.e. PCN not found attached to vehicle or handed to driver)
| May accept representations | May reject representations |
|---|---|
| If the Civil Enforcement Officers pocket book and/or computer notes confirm that the vehicle drove away before a PCN could be served, i.e. PCN not handed to the driver or fixed to the vehicle. | If the Civil Enforcement Officers pocket book notes or photographs confirm that a PCN was correctly served, i.e. handed to the motorist or fixed to their vehicle.
Note: In this instance the PCN would be discounted but still enforced |
S1.6 Where the motorist claims that their vehicle was not parked in the location at the time and on the date alleged on the PCN which was issued
| May accept representations | May reject representations |
|---|---|
| Following consideration of all available evidence:
If the motorist provides a copy of their vehicle excise license (tax disc), which was valid at the time of the contravention. Also, the serial number of which differs from the number noted by the Civil Enforcement Officers. It might also be necessary for the motorist to provide a copy of the logbook to identify the vehicle. |
If the motorist does not provide a copy of their tax disc, after being given a further opportunity to submit such a copy.
Or If the serial number on the copy tax disc provided by a motorist is identical to the serial number noted by the Civil Enforcement Officer. Or If there is no evidence or if the evidence presented does not support the claim or is inconclusive. |
S1.7 Where motorist claims that a valid authorisation to park, had been issued.
| May accept representations | May reject representations |
|---|---|
| If records show that the motorist holds a valid authorisation to park.
Or Can prove that they had been instructed for e.g. by a Police Officer. |
If the motorist cannot provide a copy of the valid authorisation to park or if there is no record of any issue of the authorisation
If the motorist did not park in accordance with the authorisation/instruction. |
S1.8 Where the motorist claims that a pay & display ticket was purchased and displayed.
| May accept representations | May reject representations |
|---|---|
|
If:
|
If the motorist is unable to produce a valid pay and display ticket.
The motorist has made a similar representation before and had a previous PCN cancelled, after giving them the benefit of the doubt; or the Civil Enforcement Officer noted that the motorist obtained their ticket from another motorist in the car park; or the Civil Enforcement Officer noted that the ticket was face down and the serial number recorded differs from that produced by the motorist. |
S2. The penalty charge exceeded the relevant amount
| May accept representations | May reject representations |
|---|---|
| If the PCN and/or Notice to Owner showed the incorrect amount of charge, such as the wrong charge band. | If the PCN or Notice to Owner showed the correct amount of charge. |
S3. The Traffic Regulation Order was invalid
| May accept representations | May reject representations |
|---|---|
| If the Traffic Regulation Order which prescribes the restrictions was either not constructed correctly, such as is ultra vires or was not made correctly, such as not consulted on properly. | If the Traffic Regulation Order which prescribes the restrictions that the vehicle was parked in contravention of was constructed and made correctly.
If the motorist merely considers the restrictions to be unfair. |
S4. The motorist was not the owner/keeper of the vehicle at the time of the contravention
S4.1 Where the current registered keeper claims that the vehicle was disposed of before the contravention occurred.
| May accept representations | May reject representations |
|---|---|
| If the current registered keeper is able to provide proof that the vehicle was disposed of before the contravention, i.e. a bill of sale, registration documents, insurance documents or a letter from the DVLA.
(and/or) If the current registered keeper is able to provide the full name and address of the person to whom they disposed of the vehicle. Action - send a new Notice to Owner to the person named by the current registered keeper. |
If the current registered keeper is unable to prove that they disposed of the vehicle before the contravention nor provide the name and address of the person to whom they disposed of the vehicle. |
S4.2 Where the current registered keeper claims that the vehicle was purchased after the contravention occurred.
| May accept representations | May reject representations |
|---|---|
| If the current registered keeper is able to provide proof that the vehicle was purchased after the contravention, such as an invoice, registration documents, insurance documents or a letter from the DVLA.
(and/or) If the current registered keeper is able to provide the full name and address of the person from whom they purchased the vehicle. |
If the current registered keeper is unable to prove that they purchased the vehicle after the contravention nor provide the name and address of the person from whom they bought the vehicle.
If the person named by the current registered keeper as the person to whom they disposed of the vehicle, either does not exist, cannot be traced or is for some other reason not considered to be bona fide. |
S4.3 Where the current registered keeper claims that a contracted third party was responsible for the vehicle at the time of the contravention.
| May accept representations | May reject representations |
|---|---|
| Only when a hire agreement exists (see: policy S6, below). | In all other circumstances because the registered keeper is always liable, including where the vehicle was left in the care of a garage. |
S4.4 Where the motorist claims that they never owned the vehicle.
| May accept representations | May reject representations |
|---|---|
| If the DVLA confirms that the motorist was not the registered keeper at the time of the contravention or do not hold any records for that vehicle at the time the contravention occurred. | If the DVLA confirms that the motorist was the registered keeper of the vehicle at the time of the contravention.
If the previous registered keeper provides proof that the motorist bought the vehicle before the contravention. Or the subsequent registered keeper provides proof that the motorist sold the vehicle after the contravention. If the motorist is proven to have hired the vehicle for the day on which the contravention occurred and signed an agreement to take responsibility for PCNs incurred, subject to the time of hire (see policy S6, below). |
S5. The vehicle had been taken without owner's consent
S5.1 Where the current registered keeper claims that the vehicle had been stolen.
| May accept representations | May reject representations |
|---|---|
| If the registered keeper provides a valid police crime report reference number. | If the current registered keeper is unable to provide any proof of theft.
If the police crime report reference number provided by the current registered keeper does not exist or it does not match the theft or date of the theft alleged. |
S5.2 Where the current registered keeper claims that the vehicle was driven by a third party (i.e. a friend, relative or estranged partner)
| May accept representations | May reject representations |
|---|---|
| In no circumstance. | In all circumstances because the registered keeper is always liable, save for when a hire agreement exists (see policy S6, below). |
S6. The owner is a hire company and have supplied the name of the hirer
| May accept representations | May reject representations |
|---|---|
| If the hire company is able to provide proof that the vehicle was hired at the time of the contravention. Such as a signed agreement.
If the hire company are able to provide the full name and address of the person to whom they hired the vehicle. Action - send a new Notice to Owner to the person named by the hire company. |
If the hire company are unable to prove that they hired out the vehicle on the date of the contravention nor provide the name and address of the person to whom they hired the vehicle.
If the person named by the hire company as the person to whom they hired the vehicle, without proof, either does not exist, cannot be traced or denies responsibility for the contravention. If the vehicle was being used as a courtesy car without an agreement signed to accept responsibility for any PCNs issued. |
S7. There has been a procedural impropriety on behalf of the authority
| May accept representations | May reject representations |
|---|---|
| If the appellant can provide proof that the Council has failed to observe requirements of the Traffic Management Act 2004.
If a piece of documentation has not been served by the correct timescales set out in the regulations. |
If the Council can prove that they followed all requirements of the Traffic Management Act 2004.
If it can be shown that all documentation has been sent within the required timescales. |
S8. Penalty Charge Notice was paid, either in full or at discounted rate within the discount period
| May accept representations | May reject representations |
|---|---|
| If the registered keeper can prove the PCN has been paid and the amount. Also, there is also a record on the Council's system. | If there is no supporting documentation and no record held by the Council to evidence that the Penalty charge Notice has been paid. |