How do I challenge a Penalty Charge Notice?
If you think that you should not have received a Penalty Charge Notice (PCN), or there are special reasons why it should be cancelled, you can write to us or email us using the contact details on the right - please do not make payment at this stage as payment is acceptance of liability.
If your letter is received within 14 days of the date the Penalty Charge Notice was issued and the challenge is rejected, the Council will make a decision as to whether to re-offer the 14-day discount period, dependent upon the circumstances of the individual case.
When writing to us, please provide as much information as you can to support your reasons why the PCN should be cancelled. Unfortunately we are unable to accept any challenges by telephone.
We aim to respond to your challenge within 14 days. If we need to take longer than this, we will let you know.
Representations against a Penalty Charge Notice (PCN)
A formal representation to the Council can only be done when a Notice to Owner is issued to the registered keeper of the vehicle. There are specific grounds on which a representation can be made and details are given on the Notice to Owner and include:-
- The motorist was not the owner at the time of the alleged contravention
- The vehicle was parked by a person who was in control of it without the owners consent
- The keeper of the vehicle is a hire company and the person hiring the vehicle has signed a statement of liability
- The contravention did not occur
- The penalty exceeded the relevant amount
- The Civil Enforcement Officer was prevented from serving the Penalty Charge Notice
- The relevant designated order was invalid
- There was a procedural impropriety on behalf of the Council
- The Penalty Charge Notice was paid in full or at the discounted rate within period.
Our Enforcement Protocol gives further details of representations and also mitigating circumstances, and can be found on the Traffic Management Act 2004 page.
When your representation is received, an experienced Parking Investigation Officer who is employed by the Council will consider it. They will decide if there are grounds to cancel the PCN. You will be notified in writing of the decision. This must be done under the new statutory guidance within 56 days of receipt of the representations. Our aim is to respond within 21 days.
If your representation is rejected we will advise you on how to appeal to a Parking Adjudicator. If you decide to make a formal representation, the full amount is payable.
Appeal to a Parking Adjudicator
If you are the registered keeper of the vehicle and have made a formal representation, which has been rejected by the Council, you have the right to appeal to a Parking Adjudicator.
A Parking Adjudicator is an experienced lawyer and is independent of the Council. The decision of the Parking Adjudicator is final and both parties (you and the Council) must adhere to the decision made.
You can choose whether to attend a personal hearing with the Parking Adjudicator or have your appeal dealt with by post. You can find out more about a Parking Adjudicator by visiting the Traffic Penalty Tribunal website (see Related Links below).