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 Appeal.

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 be used if you wish the matter to be taken to the adjudicator.

1. The alleged parking contravention did not occur.
This may include situations where your vehicle was exempt from the regulations for particular reasons – for example, loading or unloading was taking place. Other circumstances where this ground may be valid include where a PCN was allegedly issued too soon by the Parking Attendant or where a vehicle was displaying a valid permit, ticket, badge etc.

2. The penalty charge, (or release or storage charge), exceeded the relevant amount.
This may include situations where you were asked to pay the wrong amount for the penalty charge or no PCN was issued for the contravention.

3. The Traffic Regulation Order was invalid.
This might apply if you can show that the signs or lines were wrong, that an exempted activity such as loading or unloading was taking place at the time, or that the vehicle was in fact displaying a valid ticket, badge, permit etc.

4. You were not the owner of the vehicle.
If you make representations on this ground, you are legally obliged to supply the name and address of the person to whom the vehicle was disposed of (or from whom it was acquired, as the case may be), if that information is in your possession. Remember, it is the owner of a vehicle who is liable to pay a Penalty Charge Notice, not the driver.

5. When the vehicle was parked it had been taken without your consent.
This ground for representation covers stolen vehicles and vehicles used without the owner’s consent but which were not stolen. You will normally be expected to supply the council with a Crime Reference Number if you use this ground for representations.

6. You are a hire company and have supplied the hirer’s name and address.
This ground for representation covers hire vehicles where the hirer has signed a formal agreement accepting liability for any Penalty Charge. You will be expected to supply details of the hirer’s name and address, ideally along with a copy of the signed hire agreement.

NOTE: If your vehicle has been clamped or removed, ground (4) above does not apply, but the following, additional grounds apply:

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.