If a Parking Penalty Charge Notice (PCN) is not paid within 28 days of being issued, or an Informal Challenge made against the penalty was unsuccessful, the local authority will issue a Notice to Owner (NtO)* to the Registered Keeper of the vehicle. The Bath Clean Air Zone is a Road User Charging Scheme in place for certain vehicles travelling into the city centre of Bath, with the aim of reducing pollution and improving air quality. Legislation is the name given for laws passed by Parliament. Most councils have the power to enforce parking penalties under the Traffic Management Act 2004. If the outstanding PCN and debt registration fee are not paid, or a Witness Statement / Statutory Declaration form sent to the Traffic Enforcement Centre, a Bailiff / Civil Enforcement Agent will be contacted to recover the money owed. If you receive a Parking Penalty Charge Notice (PCN) and don’t think you should have to pay it, you can make an Informal Challenge to the local authority that issued it. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. You need to be logged in to see this part of the content. There are special rules that apply to the enforcement of a PCN in relation to hire vehicles. Of course, obstructing any dropped kerb will cause inconvenience either to the owner of the property who cannot obtain access or egress from their property, or in respect of pedestrian dropped kerbs you can even cause danger to pedestrians, particularly the elderly, disabled and mothers with prams. If a PCN is appealed to the Traffic Penalty Tribunal, however, the full amount will have to be paid in the event of an unsuccessful, dismissed appeal decision (i.e. If the vehicle was removed, no PCN was fixed to the vehicle or handed to the driver. We have pointed out that it will not help the disabled, the elderly and mothers with prams to enforce dropped kerbs with single yellow lines because in busy areas they will always be blocked. The following four grounds / reasons are provided; one must be selected. Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Parking Penalty Charge Notice (PCN). Information on how to make representations to the authority will be included in the PCN documents or Notice to Owner (in the case of Parking PCNs) issued to the Registered Keeper of the vehicle involved in the alleged contravention. The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. Blue Badges, issued by a local authority, provide people with disabilities or health conditions some exceptions to traffic restrictions. If the representations are unsuccessful, a Notice of Rejection (NoR) of Representations will be issued by the authority. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case. Adjudication is the process of deciding whether the motorist is liable to pay the penalty, based on the facts of the case and evidence submitted by the two parties: the appellant and authority. The Warrant of Execution authorises the outstanding amount (which may include further costs incurred as a result of enforcement action) to be recovered by a Bailiff / Civil Enforcement Agent. Based on these grounds (see list below), a Traffic Penalty Tribunal Adjudicator could instruct the authority to cancel the PCN and refund money in relation to the removal / tow of the vehicle. Parking across certain dropped kerbs is also contrary to … All documents further to the PCN during the enforcement process will be issued to the Registered Keeper of the vehicle. Every civil parking and traffic contravention has a code and description. * Please note: If the PCN was originally issued through the post (not to the windscreen of the vehicle), no Notice to Owner will be sent. a description of the alleged contravention, the location and often a photograph. 2 Check: General grounds for appeal This guide only applies to penalty charge notices issued by Local Authorities. The Parking PCN document will include details of: The document will also include instructions on how to pay the penalty charge or make an Informal Challenge and / or representations against it. As well as the statutory grounds for appeal the motorist can ask the enforcing authority to consider any other reasons, known as ‘mitigating circumstances’, for cancelling the penalty charge in the particular case. In exceptional circumstances, however, the decision an Adjudicator has made can be looked at again if the authority applies to have the decision reviewed. Following a dismissed appeal, the PCN should be paid to the authority without delay. One of the two parties to an appeal against a Penalty Charge Notice (PCN) – the other being the local authority or charging authority that issued the PCN. Unsure which ground applies to your case? Please note that if an NTO is posted first class the document is normally deemed to have been received on the second working day after the day of posting. Signs, signals and lines on the road are regulated by the Government’s Department for Transport (DfT) through the Traffic Signs Regulations and General Directions 2016. the date and time of the alleged contravention. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge; therefore, they must make the representations. Traffic Penalty Tribunal Adjudicators decide motorists’ appeals against Penalty Charge Notices (PCNs), issued by local authorities and charging authorities in England (outside London) and Wales, for the contravention of traffic restrictions. Of course, dropped kerbs required for pedestrian access should always have double yellow lines across where they are located in a controlled parking zone. Grounds of Appeal are specific reasons, as set out in legislation, upon which a Traffic Penalty Tribunal Adjudicator can instruct an authority that has issued a Penalty Charge Notice (PCN) to cancel it. The alleged contravention is detected and recorded by a video camera. 1. Following an allowed / won appeal, the Penalty Charge (PCN) will be cancelled by the authority and there will be nothing to pay. the PCN or another document did not give the required information. PR1 3ZA We don't accept challenges in person or over the phone due to audit procedures. Screenshots from your phone (e.g. The legislation that allows for civil traffic enforcement – including Parking, Bus Lane, Moving Traffic and Road User Charging Schemes is largely derived from the Traffic Management Act 2004 and Transport Act 2000, as well as regulations made under the two Acts. If the PCN remains unpaid 14 days after receipt of a Charge Certificate, the authority can register the debt with the Traffic Enforcement Centre at the Northampton County Court, which will issue an Order for Recovery. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case. The Impact of the Introduction of the Traffic Management Act 2004 4.1 Introduction 4.1.1 Regulations were made under the 2004 Act in England in 2007, and Wales in 2008, providing a scheme for civil enforcement of parking contraventions replacing the previous scheme provided under the Road Traffic Act 1991 These Regulations have addressed some of the recommendations of the 2006 TSC Report. The Bath Clean Air Zone is a ’Class C Zone’, with charges for driving into the zone applying to certain types of vehicles, based on their emissions category, though a number of exemptions and discounts apply. These forms provide an opportunity to explain why the debt should not have been registered, choosing from one of four specified grounds / reasons. All the parties interested in occupying streets/highways need to follow the specified guidelines. The Adjudicator cannot cancel a penalty based on compelling reasons. A Parking Penalty Charge Notice (PCN) is a document issued by a local authority to a motorist, detailing an alleged contravention of its parking restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. A Traffic Regulation Order (TRO) is an official order (bylaw) made by an authority under the Road Traffic Regulation Act 1984, which details the nature and extent of traffic restrictions in a certain area. Westminster City Council in London is one of those enforcing dropped kerbs. This site only deals with PCN’s issued after 31st March 2008 although the process and the grounds of appeal are very similar in any event. TRAFFIC MANAGEMENT ACT 2004 – PART 6 1. Includes details of example cases won. A uniformed officer employed by or on behalf of a local authority to issue Penalty Charge Notices (PCNs) for vehicles contravening parking or littering from vehicles (Penalty Notices will be issued) restrictions. No form of evidence is necessarily better than another and you should always provide as much information as you can – however you are able to provide it to us. A Bus Lane is an area of a road, restricted by a local authority Traffic Regulation Order (TRO), which only buses and selected classes of vehicle (e.g. TROs are bylaws – created by authorities – which specify traffic restrictions and the conditions under which vehicles may park. the appeal was 'lost'). Payments for entering the zone are not made to the council directly, but online at GOV.UK’s Central Clean Air Zone Service . Parking Appeals (England) – Grounds of Appeal, The penalty exceeded the amount that applied in the circumstances, The relevant Traffic Regulation Order (TRO) is invalid, There has been a procedural impropriety by the authority, The PCN was sent by post because the authority claims the Civil Enforcement Officer (CEO) was prevented from putting it on the vehicle or handing it to the driver. Restrictions relating to Bus Lanes are detailed in Traffic Regulation Orders and are often subject to specified time periods. Charges for driving into a Clean Air Zone apply to certain types of vehicles, based on their emissions category. This data is currently being prepared. The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask the authority to reconsider their decision to issue the penalty. These restrictions can relate to parking, bus lanes, littering from vehicles and (in Wales only) moving traffic. A Littering from Vehicles PN is either handed to the driver or sent through the post to the Registered Keeper of the vehicle. If the representations are successful, the PCN will be cancelled and there will be nothing to pay. A PCN is registered as a debt and an Order for Recovery sent if that PCN has not been paid 14 days after the receipt of a Charge Certificate from the local authority or charging authority that issued the PCN. Some of their dropped kerbs have double yellow lines across, so it is very clear to a motorist that they must not obstruct at any time. 1. This includes images, videos, screenshots and files directly from a smartphone. Residential property tribunals deal with appeals against the refusal by a local housing authority or housing association to allow a tenant to buy their home on the grounds that the property is particularly suitable for occupation by elderly persons, applications for and appeals against empty dwelling management orders, and appeals against various other types of housing orders and notices. For example: This ground applies only to qualifying formal hire agreements, where the hirer has signed an agreement accepting liability of penalty charges issued during the hire period. •    in front of an entrance to a property. The legislation that allows for civil traffic enforcement – including parking, bus lane, littering from vehicles and (in Wales only) moving traffic and Road User Charging Schemes is largely derived from the Traffic Management Act 2004 and Transport Act 2000, as well as regulations made under the two Acts. It could apply, for example, to a vehicle taken by ‘joy riders’. You should provide the hirer’s name and address and a copy of the agreement when making an appeal to us. A Dart Charge PCN document will include details of: The Road User Charging Scheme in place, including how PCNs can be enforced by the Secretary of State for Transport, is provided for and regulated by various pieces of legislation. The authority should respond to the Informal Challenge within 28 days. (3) In this Part – (a) ‘appeal’ includes an a… Payment of the road user charge can be made online at the Dart Charge website, by phone or in person at a Payzone outlet. We will consider representations received after 28 days, if … A Road User Charging Scheme is an arrangement provided for by legislation to impose a charge for using or keeping a vehicle on a particular road; for example, a bridge. Examples of possible contraventions include turning into a road where a ‘banned turn’ is in place or driving into a yellow box junction when the exit is not clear. 1 Check: Specific grounds for appeal for this contravention (below on this page) If they really wanted to help these types of people cross the road safety then they would install double yellow lines. The charging authority for the scheme is the Secretary of State for Transport. Statutory grounds to challenge a PCN or NtO. Representations can usually be made by post or online. If you do not know which ground applies, explain clearly why you are submitting an appeal in as much detail as possible. Payment of traffic fines can also be performed online. This can be done by applying to review the decision. You should explain clearly why you are appealing and as much detail on the circumstances as possible, which the Adjudicator will consider. A Moving Traffic Penalty Charge Notice (PCN) is a document issued by a local authority in Wales to a motorist, detailing an alleged contravention of its moving traffic restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. Parking across certain dropped kerbs is also contrary to Highway Code rule 243 which states: DO NOT stop or park: Choose the country below where the authority that issued your PCN is located. * Contraventions against bus lane restrictions in England are enforced under the Transport Act 2000; moving traffic restrictions are not yet enforced in England. When a vehicle does not comply with the traffic restrictions (as detailed in Traffic Regulation Orders [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]) that are in place on the road it is used or kept on. We have complained to the Department of Transport and we set out below text from two emails received, which is self-explanatory. The civil enforcement of traffic restrictions by a local authority or charging authority – including the issuing of Charge Certificates – is provided for and regulated by various pieces of legislation. The charging authority for the scheme is Durham County Council. We may be able to assist you in having your penalty charge notice for this contravention cancelled. The civil enforcement of traffic restrictions by a local authority – including the issuing of PNs – is provided for and regulated by various pieces of legislation. Vehicles crossing the bridges must pay the road user charge in place every time they cross (in both directions, either in advance or by 11.59pm the day after the crossing is made. A PCN is either attached to the windscreen of the vehicle or handed to the driver (in the case of parking contraventions) or sent through the post to the Registered Keeper of the vehicle. However,  they are enforcing dropped kerbs with single yellow lines at any time. When submitting an appeal to the Traffic Penalty Tribunal, you are invited to provide any information that helps you to explain the circumstances of what happened or why you think you should not have received a Penalty Charge Notice (PCN). Get the information to appeal against your PCN! The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. Separate grounds apply for appealing against a Parking PCN issued by a local authority in England (outside London) for a vehicle that was towed away. The Traffic Management Act 2004 gives statutory grounds or specific reasons to choose to dispute your PCN. The civil enforcement of parking restrictions by a local authority – including the provision for Informal Challenges – is provided for and regulated by various pieces of legislation. Make your representation on the space provided on the NTO document and return it to us, or by post or email. ii) The duty of securing the expeditious, convenient and safe movement of traffic is not given primacy but is a qualified duty which has to be read with the factors in section 122(2) , such as the effect on the amenities of the area and, in the context of making a traffic regulation order, with the purposes for this identified in section 1(1) of the Act; Video cameras record all crossings made. The PCN document will include details of: The civil enforcement of traffic restrictions by a local authority or charging authority – including the issuing of PCNs – is provided for and regulated by various pieces of legislation. ... authorities in the Traffic Management Act 2004. A Bus Lane PCN is sent through the post to the Registered Keeper of the vehicle. The combination of letters and numbers on a vehicle’s number plate. Types of evidence that could be provided to support an appeal include (this list is not exhaustive): Please note: If you provide any evidence that contains personal or sensitive information, such as a bank statement or medical letter, please make sure to remove or conceal such information (e.g. were introduced by Part 3 of the Traffic Management Act 2004 (TMA) to improve authorities’ abilities to minimise disruption from street and highway works. A Durham Road User Charge Zone PCN document will include details of: The Road User Charging Scheme in place, including how PCNs can be enforced by Durham County Council, is provided for and regulated by various pieces of legislation. This is accompanied by guidance for authorities found within the Traffic Signs Manual. Vehicles entering the zone must pay the road user charge in place, either in advance or by 6pm the day the zone is used. Information on appealing Information on appealing Receiving a Penalty Charge Notice (PCN) is never good news. An appeal against a PCN can be made to the Traffic Penalty Tribunal after representations have already been made to the authority that issued the penalty, and those representations were unsuccessful. The recovery of money by a Bailiff / Civil Enforcement Agent is facilitated by a legal document called a Warrant of Execution. A local authority or charging authority will check the Registered Keeper details of a vehicle at the DVLA* before issuing a PCN (unless it is fixed to the windscreen of the vehicle or handed to the driver, in the case of Parking PCNs). A Penalty Charge Notice (PCN) can be paid at a 50% reduced / discounted rate if the charge is paid within 14 days of the PCN being issued. Our parking regulations follow the Traffic Management Act 2004. Drawings and diagrams to explain a situation. Once an Informal Challenge has been submitted, any further enforcement of the PCN is normally placed on hold until a decision on the challenge has been made by the authority. The legislation that allows for civil traffic enforcement by a local authority or charging authority– including the issuing of PCNs and the right to appeal to an independent Adjudicator – is largely derived from the Traffic Management Act 2004 and Transport Act 2000, as well as regulations made under the two Acts. the appeal was ‘won’). In accordance with the Traffic Management Act 2004, my challenge is on the basis that the contravention did not occur [reasons why]. The hirer of the vehicle will then be liable for any PCNs issued to the vehicle (or relating to the vehicle) while it was on hire, even though they are not the Registered Keeper. This means a failure by the council to observe any requirement imposed on it by the Traffic Management Act 2004, or the relevant regulations made under that act in respect of the civil enforcement of parking contraventions. If a Telephone Hearing takes place during the course of your appeal to us, the information you provide to an Adjudicator on the call and in answer to questions will be considered as evidence in deciding the appeal. In exceptional circumstances, the decision an Adjudicator has made can be looked at again. Correspondence (letters and emails; bills, statements, etc.). Penalty charges are: £70 (£35 if paid within 14 days) for major offences. A Witness Statement / Statutory Declaration must be provided to the Traffic Enforcement Centre by the date specified on the Order for Recovery. Once a Warrant of Execution is issued, the outstanding amount (which may include further costs incurred as a result of enforcement action) must be paid directly to the Bailiff / Civil Enforcement Agent. By law, the adjudicator cannot consider these mitigating circumstances except when considering appeals about parking contraventions. Clean Air Zones are Road User Charging Schemes in place for certain vehicles travelling into city centres in England, with the aim of reducing pollution and improving air quality. Road User Charging Schemes that the Traffic Penalty Tribunal decides appeals for include: An Act of Parliament that allows for the civil enforcement, by local authorities in England (outside London) and Wales, of contraventions against parking and other traffic restrictions. Bus Lane restrictions are identified by signs and lines on the carriageway. Explain clearly why you are submitting an appeal in as much detail as possible. Please [ Login ] or [ Register ]. A legal document issued by the Traffic Enforcement Centre at the Northampton County Court to the Registered Keeper of a vehicle if a Penalty Charge Notice (PCN) remains unpaid, even after being registered as a debt (and an Order for Recovery has been issued). Any information you provide to support your case is classed as evidence and will be taken into consideration by the Adjudicator. The charging authority for the scheme is Bath & North East Somerset Council. This ground covers stolen vehicles and vehicles used without the owner’s consent. * The law requires that the DVLA is kept informed about the current Registered Keeper. an appeal can be made to the Traffic Penalty Tribunal. For parking PCNs issued on or after 31 March 2008, the Regulations based on the Traffic Management Act 2004 apply. Representations must usually be made within 28 days of a PCN being received (or, in the case of PCNs issued for parking contraventions to the windscreen of a vehicle or handed to the driver, within 28 days after receiving a Notice to Owner in the post). Our online appeals management system allows you to upload a large range of evidence directly to your online case file, either when first submitting an appeal or when it is in progress. The contravention did not occur. Explain clearly why you are submitting an appeal in as much detail as possible. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case. The administration of traffic restrictions to aid the management of roads by a local authority or charging authority, including the issuing and enforcement of Penalty Charge Notices (PCNs) for vehicles in contravention of those restrictions (as detailed in TROs [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]). £50 (£25 if paid within 14 days) for minor offences. Search with your two digit contravention code or by description, Notice of Acceptance (pcn issued by post), Information suggestions and grounds of appeal, Appealing to the congestion charging adjudicator, Adjudicators decisions on congestion charging, Sample Private Land Parking Charge Notices, Specific grounds for appeal for this contravention, Summarised parking adjudicators decisions, Supreme Court Rejects Barry Beavis’ appeal over £85 parking charge, Clarkson’s motoring show to run the Hypercar Test, Plans for temporary CCTV cameras in Barnet to catch drivers breaking law. 3 Check: Summarised parking adjudicators decisions These parking penalties are not treated as criminal offences. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. Our Adjudicators are lawyers with at least five years’ experience and their appointments are agreed by the Lord Chancellor of Great Britain. This includes a unique PIN Code that will allow an appeal to us to be made. If possible, you should supply a crime reference number from the police when submitting an appeal. You did not receive the Notice to Owner. The penalty charge should be either £50 or £70, depending on the alleged contravention that occurred. Evidence can be provided in a number of ways, though more than 95% of appellants choose to use our online appeals management system (see below). However, there are many kerbs within Westminster and also other boroughs, which have a single yellow line across them. An allowed appeal decision by a Traffic Penalty Tribunal Adjudicator means that the appeal was successful (i.e. Authority has no power to enforce parking penalties under the relevant regulations an Adjudicator has can... 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