Parking charge notices

How to Complain or make Representation.

• Complaining to the local authority.
• The grounds for representation.
• The Notice to Owner (NtO)
• What is formal representation?
• Notices of Acceptance /Rejection/Appeal.

Complaining to the Adjudicator.

• Who are the Adjudicators?
• The grounds for appealing to the Adjudicator
• The appeal process
• What Happens Next?

Statutory Declarations

• About the Statutory Declaration.
• How to complete the Statutory Declaration.
• What happens next?
• Warrant of Execution

Miscellaneous

• The Road Traffic Act 1991.
• Contravention Codes
  

The grounds for representation.

The Road Traffic Act 1991 details the legal grounds which you can use for making a representation against a Penalty Charge Notice. In the event that the council rejects your representation, these same grounds can also be used in the event that you wish to take the matter to the adjudicator.

1. The alleged parking contravention did not occur.
2. The penalty charge, (or release or storage charge), exceeded the relevant amount.
3. The Traffic Regulation Order was invalid.
4. You were not the owner of the vehicle when the alleged contravention occurred.
5. When the vehicle was parked it had been taken without your consent.
6. You are a hire company and have supplied the hirer’s name and address.

If the vehicle has been clamped or removed, grounds (4) and (6) do not apply, but the following, additional grounds apply as well.

1. The vehicle was clamped or removed when a disabled person’s badge was on display.
2. The vehicle was clamped or removed when less than 15 minutes had elapsed since the paid time expired. 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. Do not send originals…and keep a copy, and please ensure that you send this by recorded delivery so that you have proof of posting…..

Grounds for bus lane appeals.

The Regulations provide eight legal grounds of appeal:

1. The alleged bus lane contravention did not occur.
2. The police are already taking action.
3. You were not the owner of the vehicle at the time the alleged contravention occurred.
4. You were the hirer of the vehicle at the time but did not enter into an agreement assuming liability for any contraventions.
5. You are a vehicle hire firm and have supplied the name and address of the hirer.
6. When the bus lane contravention occurred, the vehicle was kept by a vehicle trader.
7. When the contravention occurred, the vehicle had been taken without your consent.
8. The penalty charge exceeded the relevant amount

Or:

• That you appealed to the Parking / Traffic Adjudicator against the local authority’s decision to reject your representation, within 28 days of service of the rejection notice, but had no response to the appeal.