This is a formal stage of appeal which can only be made after receiving a 'Notice to Owner'. The 'Notice to Owner' is sent to the owner/keeper of the vehicle registered at DVLA (regardless of who was driving). You can opt to pay the charge at this stage or you may wish to make a representation.
Your case must be put in writing using the Notice to Owner form and will be considered by an independent officer at the council. We will respond to formal representations within 56 days from the date of receipt. Where we do not respond within 56 days your penalty charge notice will be cancelled.
Representations should be made on one of the statutory grounds below. If none of these grounds apply to your case you can still make representations to the council and ask them to take mitigating circumstances into account.
The contravention did not occur:
Tick the box on the form if the contravention described on the notice did not happen. For instance if the PCN is for overstaying in a pay and display area and a valid pay and display ticket was displayed, or if the PCN is issued for parking on a yellow line when you were in fact legally loading. When returning the form you should enclose such details as a valid pay and display ticket or delivery note.
I was not the owner/keeper of the vehicle at the time of the contravention:
Tick the box on the form if you did not own the vehicle when the PCN was issued. When returning the form please enclose details such as a receipt of sale/purchase or a copy of the DVLA registration form. You must give the name and address of the person who bought/sold the car and the date of the sale/purchase in the box provided.
The vehicle had been taken without my consent:
Tick the box on the form if the vehicle had been stolen at the time the PCN was issued. When returning the form you should enclose evidence such as a police crime report number or insurance claim.
We are a hire firm and have supplied the name of the hirer:
Tick the box on the form if you are a hire company and the hirer has signed a formal agreement accepting liability for penalty charges. You must complete the name and address of the hirer on page three and enclose a copy of the signed hire agreement.
The penalty charge exceeded the relevant amount:
Tick the box on the form if the PCN asked you to pay more than you are legally liable to.
There has been a procedural impropriety on behalf of the council:
Tick the box on the form if you believe the council has acted improperly or in breach of the regulations made under the Traffic Management Act 2004. Please supply details.
The traffic order was invalid:
Tick the box on the form if you believe that the parking restriction in question was invalid. This applies for instance, if the council had not followed the correct procedure for passing the Traffic Regulation Order. When returning the form you should enclose details.
The penalty charge has been paid, either in full or at discounted rate within the discount period:
Please supply details and supporting evidence such as receipt of payment.
If none of the grounds shown above apply, but you believe there are mitigating circumstances in your case, please supply details on the form.
See the parking enforcement policy for circumstances when discretion may be applied.
We will treat each case on its own merit, taking into account individual circumstances. The council has produced a set of guidelines for the consideration of challenges against penalty charge notices.
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However, it is unlikely that the following reasons would be sufficient on their own to justify the cancellation of a PCN:
- I thought I was parked legally but made a genuine mistake
- There was nowhere else to park
This is the first time I've got a parking ticket/I won't do it again/I'll be more careful next time
- I only stopped for a minute
- There was no need for a yellow line at that location
- I did not see the sign or lines
- I was parked outside my own house
- I went to get change for the pay and display machine and it took a long time
- I got lost and so could not return in time to my vehicle
- Other vehicles were also parked illegally and I did not see them get a ticket
- I was doing work at the property and there was nowhere else to park
- I had lent the car to a friend and they won't pay the penalty
- I was delayed in an important meeting
- My ticket/permit/blue badge had fallen on the floor again/I had forgotten to display it again
- I did not know I had to pay and display.
We will consider challenges prior to the service of a Notice to Owner.
If your representation is accepted you will be notified that the PCN has been cancelled. Otherwise you will be sent a formal Notice of Rejection and you then have the option to pay £50 or £70 or appeal to the independent adjudicator.