Appeal Notes
You have the right to appeal against the council's decision to reject your challenge against the penalty. Use this form to appeal to the Adjudicator at the Traffic Penalty Tribunal. This form has been issued by the Traffic Penalty Tribunal and not the council. The Traffic Penalty Tribunal Adjudicators deal with appeals against penalties imposed for parking or bus lane contraventions by those local authorities in England and Wales that have been granted civil enforcement powers (except London authorities. The Adjudicator is a lawyer, independent of the Council, appointed to decide appeals against parking penalties.
For Penalty Charge Notices issued on or after 31 March 2008, the Traffic Management Act and its related Regulations apply. The Road Traffic Act 1991 applies to Penalty Charge Notices issued before that date.
There is no fee for appealing. If you do not appeal now you will have no further chance to challenge the penalty. You have only a limited time to appeal. The Tribunal must receive this form before the end of the period of 28 days starting from when you received the Notice of Rejection from the council. You are deemed to have received it 2 working days after the date of the Notice of Rejection.
Costs are seldom awarded and the sums involved are modest. Costs may be awarded only if the Adjudicator decides that a party has behaved frivolously, vexatiously or wholly unreasonably.
The appellant
Only the person to whom the council addressed the Notice of Rejection can appeal. That person may authorise someone else to complete this form on their behalf, but the person to whom the council addressed the Notice of Rejection should always be identified as the appellant on this form.
Do not fill in a company name unless the council addressed its Notice of Rejection to that company. If you are appealing on behalf of a company, enter your own name on the form so that the Tribunal may correspond with you appropriately.
Hearing Type
Please indicate your preference for the type of hearing on the form. A personal hearing takes place before the Adjudicator. A telephone hearing is a two or three-way conference call set up by the Tribunal. At a postal hearing the Adjudicator considers only documents without the attendance of the parties, who receive the decision by post. Hearings are informal and you do not need a lawyer to represent you.
You have the right to a personal hearing. A personal hearing will also be fixed if the council requires it or the Adjudicator considers it appropriate. If you state a preference for a telephone hearing, the Tribunal does not guarantee that it will meet your wish. The Adjudicator will consider whether or not your case is suitable for a telephone hearing. If you ask for a telephone hearing, you must provide a number for the Tribunal to call.
If you choose a personal hearing you may indicate a preferred venue and time. The Tribunal does not guarantee that it will meet your wishes but will take them into account when fixing the hearing. Normally a hearing can be arranged in accordance with your preferences. However, where your hearing is listed will depend on availability of venues, whether the council wishes to attend, and any other matters the Adjudicator considers relevant.
Special Needs
All venues are wheelchair accessible, and a hearing induction loop is available. If you have other special needs, the Tribunal may be able to help.
Grounds of Appeal
These are the ONLY grounds upon which an Adjudicator may allow an appeal
(grounds marked * applicable only in cases where the Penalty Charge Notice (PCN) was issued on or after 31 March 2008).
Identify on the form the ground of appeal (A to I below) in the section entitled "Grounds of Appeal". If you are unsure which ground applies you can still appeal and explain your case to the Adjudicator.
A.The alleged contravention did not occur.
E.g. the contravention did not happen as stated on the PCN. This would
include a dispute about signs.
B. The penalty exceeded the amount applicable in the circumstances of the
case.
Penalties are fixed by law; and the penalty you are being required to
pay is the wrong amount.
C. *There has been a procedural impropriety by the council.
The council has not complied with the Traffic Management Act 2004 or
the relevant Regulations, e.g. the PCN or some other document did not contain
the required information; the council did not respond to the challenge or
responded too late.
D. The order which is alleged to have been contravened in relation to the
vehicle concerned is invalid.
The Order regulating parking was invalid or illegal.
E. *The Penalty Charge Notice was served by post because the council say
that the civil enforcement officer was prevented by some person from fixing the
Penalty Charge Notice to the vehicle or handing it to the person in charge of
the vehicle, but this did not happen.
This cannot apply where the Penalty Charge Notice was issued by post
following camera detection or because the vehicle was driven away.
F. I was never the owner of the vehicle in question; or I had ceased to be
its owner before the date on which the alleged contravention occurred; or I
became its owner after the date on which the alleged contravention occurred.
G. The vehicle had been permitted to remain at rest in the place in question
by a person who was in control of the vehicle without the consent of the owner.
E.g. the vehicle was stolen. Provide a crime reference if available.
H. We are a vehicle hire firm and the vehicle was on hire under a qualifying
hiring agreement and the hirer had signed a statement acknowledging liability
for any PCN issued during the hire period.
Include the hire agreement relied upon.
I. *The Notice to Owner should not have been sent because the penalty had
already been paid:
(i) in full; or
(ii) at the discounted rate within the time specified in paragraph 1(h) of the
Schedule to the Civil Enforcement of Parking Contraventions (England) General
Regulations 2007
*In addition, whether or not any of these grounds applies, if you
believe there are compelling reasons why you should not pay the penalty charge,
explain them in this form.
The adjudicator will consider these reasons. The Adjudicator will not allow the appeal unless one of the statutory grounds applies but may recommend, but not order, that the council cancel the penalty (*applicable only in cases where the Penalty Charge Notice was issued on or after 31 March 2008).
Evidence
You do not have to produce evidence, but may do so if you think it will help your appeal. Evidence might include photographs; pay and display tickets; maps; plans; delivery notes; letters or statements from witnesses.
Send evidence as soon as possible but do not delay this form. If your evidence is not yet to hand you may send it later. You must gather your own evidence and send it to the Tribunal. The Tribunal will not collect evidence or contact witnesses for you.