The
Motorists' Guide to Appealing Parking, Bus Lane
and Yellow Box Junction Tickets | |
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The
Ticket (Penalty Charge Notice - PCN)
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Check below
to see if the information on your ticket and subsequent notices from the
authority comply with the regulations.
You'll be surprised how many authorities get it wrong!
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Parking and Loading Tickets
Issued
after 31st March 2008
under the Traffic Management Act 2004 (except in Scotland)
Issued before 31st
March
2008 under the
Road Traffic Act 1991 (and currently in Scotland)
CCTV parking tickets
in London before March 31st 2008
Bus Lane Tickets
- In London
- Outside London
Yellow Box Junction and Moving Traffic Offences Tickets |
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Parking and Loading Tickets
Parking tickets issued after 31st
March 2008
Tickets
after 31st March are issued under the
Traffic Management Act 2004 (check the top of the ticket).
This has made several changes to the regulations. Most
noticeably they no longer have to be affixed to the vehicle. If
the attendant has started writing the ticket they can then send
it in the post. Parking attendants are now called ‘Civil
Enforcement Officers’.
There are
two subsequent pieces of legislation which detail all
regulations with regards to the ticket and appeals process.
These are:
The
Civil Enforcement of Parking Contraventions (England) General
Regulations 2007
and
The Civil Enforcement of Parking
Contraventions (England) Representations and Appeals Regulations
2007.
These are summarised below. Go through
and ensure
the authority has met its requirements.
Contents of a Penalty Charge Notice served by a civil
enforcement officer:
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1. A penalty
charge notice served under regulation 9 must, in addition to the matters
required to be included in it by regulation 3(2) of the Representations and
Appeals Regulations, state—
(a) the date on
which the notice is served;
(b) the name of
the enforcement authority;
(c) the
registration mark of the vehicle involved in the alleged contravention;
(d) the date and
the time at which the alleged contravention occurred;
(e) the grounds
on which the civil enforcement officer serving the notice believes that a
penalty charge is payable;
(f) the amount
of the penalty charge;
(g) that the
penalty charge must be paid not later than the last day of the period of 28
days beginning with the date on which the penalty charge notice was served;
(h) that if the
penalty charge is paid not later than the last day of the period of 14 days
beginning with the date on which the notice is served, the penalty charge
will be reduced by the amount of any applicable discount;
(i) the manner
in which the penalty charge must be paid; and
(j) that if the
penalty charge is not paid before the end of the period of 28 days referred
to in subparagraph (g), a notice to owner may be served by the enforcement
authority on the owner of the vehicle. |
In
addition as per point 1 above from the
The Civil Enforcement of Parking
Contraventions (England) Representations and Appeals Regulations
2007:
(2) A penalty charge notice
served under regulation 9 of the General Regulations must, in
addition to the matters required to be included in it under
paragraph 1 of the Schedule to the General Regulations, include
the following information—
(a) that a person on whom a
notice to owner is served will be entitled to make
representations to the enforcement authority against the penalty
charge and may appeal to an adjudicator if those representations
are rejected; and
(b) that, if representations
against the penalty charge are received at such address as may
be specified for the purpose before a notice to owner is served—
(i) those representations will
be considered;
(ii) but that, if a notice to
owner is served notwithstanding those representations,
representations against the penalty charge must be made in the
form and manner and at the time specified in the notice to
owner.
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Contents of Penalty Charge Notice served by post (eg by CCTV)
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2. A regulation 10 penalty charge notice, in addition to the matters
required to be included in it by regulation 3(4) of the Representations and
Appeals Regulations, must state—
(a) the date of the notice, which must be the date on which it is posted;
(b) the matters specified in paragraphs 1(b), (c), (d), (f) and (i);
(c) the grounds on which the enforcement authority believes that a penalty
charge is payable;
(d) that the penalty charge must be paid not later than the last day of the
period of 28 days beginning with the date on which the penalty charge notice
is served;
(e) that if the penalty charge is paid not later than the applicable date,
the penalty charge will be reduced by the amount of any applicable discount;
(f) that if after the last day of the period referred to in subparagraph
(d)—
(i) no representations have been made in accordance with regulation 4 of the
Representations and Appeals Regulations; and
(ii) the penalty charge has not been paid,
the enforcement authority may increase the penalty charge by the amount of
any applicable surcharge and take steps to enforce payment of the charge as
so increased;
(g) the amount of the increased penalty charge; and
(h) that the penalty charge notice is being served by post for whichever of
the following reasons applies—
(i) that the penalty charge notice is being served by post on the basis of a
record produced by an approved device;
(ii) that it is being so served, because a civil enforcement officer
attempted to serve a penalty charge notice by affixing it to the vehicle or
giving it to the person in charge of the vehicle but was prevented from
doing so by some person; or
(iii) that it is being so served because a civil enforcement officer had
begun to prepare a penalty charge notice for service in accordance with
regulation 9, but the vehicle was driven away from the place in which it was
stationary before the civil enforcement officer had finished preparing the
penalty charge notice or had served it in accordance with regulation 9.
3. In paragraph 2 for the purposes of subparagraph (e) the “applicable
date” is—
(a) in the case of a penalty charge notice served by virtue of regulation
10(1)(a) (on the basis of a record produced by an approved device), the last
day of the period of 21 days beginning with the date on which the notice was
served;
(b) in any other case, the last day of the period of 14 days beginning with
that date.
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In
addition as per point 2 above from the
The Civil Enforcement of Parking
Contraventions (England) Representations and Appeals Regulations
2007
(4) A penalty
charge notice served under regulation 10 of the
General Regulations must, in addition to the matters
required to be included in it under paragraph 2 of
the Schedule to those Regulations, include the
following information—
(a) that
representations on the basis specified in regulation
4 may be made to the enforcement authority against
the imposition of the penalty charge but that
representations made outside the period of 28 days
beginning with the date on which the penalty charge
notice is served (“the representations period”) may
be disregarded;
(b) the nature of
the representations which may be made under
regulation 4;
(c) the address
(including if appropriate any email address or FAX
telephone number, as well as the postal address) to
which representations must be sent and the form in
which they must be made;
(d) that if
representations which have been made—
(i) within the
representations period; or
(ii) outside that
period but not disregarded,
are not accepted by
the enforcement authority the recipient of the
penalty charge notice may appeal against the
authority’s decision to an adjudicator;
(e) where the
penalty charge notice is served by virtue of
regulation 10(1)(a) of the General Regulations
(evidence produced by an approved device), the
effect of paragraphs (5) and (6).
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As per point (b) the contents of regulation 4 are shown
below
Notice to Owner
For tickets issued by a civil enforcement officer (regulation
9), a ‘Notice to Owner’ is issued by the council after 28
days. The details below stipulate what must be included in this.
Please note the council must serve this no later than 6 months
after the date the ticket was served
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PART 5 ENFORCEMENT OF PENALTY CHARGES
The notice to owner
19.—(1) Subject to regulation 20, where—
(a) a penalty charge notice has been served with respect to a vehicle under
regulation 9; and
(b) the period of 28 days specified in the penalty charge notice as the
period within which the penalty charge is to be paid has expired without
that charge being paid,
the enforcement authority concerned may serve a notice (“a notice to owner”)
on the person who appears to them to have been the owner of the vehicle when
the alleged contravention occurred.
(2) A notice to owner served under paragraph (1) must, in addition to the
matters required to be included in it under regulation 3(3) of the
Representations and Appeals Regulations, state—
(a) the date of the notice, which must be the date on which the notice is
posted;
(b) the name of the enforcement authority serving the notice;
(c) the amount of the penalty charge payable;
(d) the date on which the penalty charge notice was served;
(e) the grounds on which the civil enforcement officer who served the
penalty charge notice under regulation 9 believed that a penalty charge was
payable with respect to the vehicle;
(f) that the penalty charge, if not already paid, must be paid within “the
payment period” as defined by regulation 3(3)(a) of the Representations and
Appeals Regulations;
(g) that if, after the payment period has expired, no representations have
been made under regulation 4 of the Representations and Appeals Regulations
and the penalty charge has not been paid, the enforcement authority may
increase the penalty charge by the applicable surcharge; and
(h) the amount of the increased penalty charge.
Time limit for service of a notice to owner
20.—(1) A notice to owner may not be served after the expiry of the period
of 6 months beginning with the relevant date.
(2) The relevant date—
(a) in a case where a notice to owner has been cancelled under regulation
23(5)(c) of these Regulations, is the date on which the district judge
serves notice in accordance with regulation 23(5)(d);
(b) in case where a notice to owner has been cancelled under regulation 5 of
the Representations and Appeals Regulations, is the date of such
cancellation;
(c) in a case where payment of the penalty charge was made, or had
purportedly been made, before the expiry of the period mentioned in
paragraph (1) but the payment or purported payment had been cancelled or
withdrawn, is the date on which the enforcement authority is notified that
the payment or purported payment has been cancelled or withdrawn;
(d) in any other case, is the date on which the relevant penalty charge
notice was served under regulation 9.
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In
addition as per point 2 above from regulation 3(3) of the
The Civil Enforcement of Parking
Contraventions (England) Representations and Appeals Regulations
2007:
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(3) A notice to owner
served under regulation 19 of the General Regulations must,
in addition to the matters required to be included in it
under that regulation, include the following information—
(a)
that representations on
the basis specified in regulation 4 against payment of the
penalty charge may be made to the enforcement authority, but
that any representations made outside the period of 28 days
beginning with the date on which the notice is served (“the
payment period”) may be disregarded;
(b)
the nature of the
representations which may be made under regulation 4;
(c)
the address (including
if appropriate any email address or
FAX telephone number, as well as the postal address)
to which representations must be sent and the form in which
they must be made;
(d)
that if representations
which have been made—
(i)
within the payment
period; or
(ii)
outside that period but
not disregarded,
are not accepted by the
enforcement authority the recipient of the notice may appeal
against the authority’s decision to an adjudicator; and
(e)
in general terms, the
form and manner in which an appeal may be made |
In
addition point (3)(a) above refers to
regulation 4 which is shown
below.
Representations against
notice to owner
4.—(1) The
recipient may make representations against a notice to owner
to the enforcement authority which served the notice on him.
(2) Any representations under
this regulation must—
(a)
be made in such form as
may be specified by the enforcement authority;
(b)
be to either or both of
the following effects—
(i)
that, in relation to
the alleged contravention on account of which the notice to
owner was served, one or more of the grounds specified in
paragraph (4) applies; or
(ii)
that, whether or not
any of those grounds apply, there are compelling reasons
why, in the particular circumstances of the case, the
enforcement authority should cancel the penalty charge and
refund any sum paid to it on account of the penalty charge.
(3) In determining the form
for making representations, an enforcement authority which
is a London authority must act through the joint committee
through which, in accordance with regulation 15 of the
General Regulations, it exercises its functions relating to
adjudicators.
(4) The grounds referred to in
paragraph (2)(b)(i) are—
(a)
that the alleged
contravention did not occur;
(b)
that the recipient—
(i)
never was the owner of
the vehicle in question;
(ii)
had ceased to be its
owner before the date on which the alleged contravention
occurred; or
(iii)
became its owner after
that date;
(c)
that 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;
(d)
that the recipient is a
vehicle-hire firm and—
(i)
the vehicle in question
was at the material time hired from that firm under a hiring
agreement; and
(ii)
the person hiring it
had signed a statement of liability acknowledging his
liability in respect of any penalty charge notice served in
respect of any parking contravention involving the vehicle
during the currency of the hiring agreement;
(e)
that the penalty charge
exceeded the amount applicable in the circumstances of the
case;
(f)
that there has been a
procedural impropriety on the part of the enforcement
authority;
(g)
that the order which is
alleged to have been contravened in relation to the vehicle
concerned, except where it is an order to which Part VI of
Schedule 9 to the 1984 Act()
applies, is invalid;
(h)
in a case where a
penalty charge notice was served by post on the basis that a
civil enforcement officer was prevented by some person from
fixing it to the vehicle concerned or handing it to the
owner or person in charge of the vehicle, that no civil
enforcement officer was so prevented;
(i)
that the notice to
owner should not have been served because—
(i)
the penalty charge had
already been paid in full;
(ii)
the penalty charge had
been paid, reduced by the amount of any discount set in
accordance with Schedule 9 to the 2004 Act, within the
period specified in paragraph 1(h) of the Schedule to the
General Regulations.
(5) In these Regulations
“procedural impropriety” means a failure by the enforcement
authority to observe any requirement imposed on it by the
2004 Act, by the General Regulations or by these Regulations
in relation to the imposition or recovery of a penalty
charge or other sum and includes in particular—
(a)
the taking of any step,
whether or not involving the service of any document,
otherwise than—
(i)
in accordance with the
conditions subject to which; or
(ii)
at the time or during
the period when,
it is authorised or required
by the General Regulations or these Regulations to be taken;
and
(b)
in a
case where an enforcement authority is seeking to recover an
unpaid charge, the purported service of a charge certificate
under regulation 21 of the General Regulations before the
enforcement authority is authorised to serve it by those
Regulations |
Parking tickets issued before 31st
March 2008
Issuing the PCN
Tickets before 31st March 2008 are issued under
The Road Traffic Act 1991.
They
must be either placed on your vehicle or handed to you (however
this does not apply to CCTV enforcement where the ticket was
sent in the post, see
below for more
info).
Transport for London took a case to the high court to test this
law - and lost. Click
here for the story. This landmark case confirmed that the
ticket is not valid if you drive off before it is issued.
However, be warned! Some unscrupulous parking attendants may lie
and say they did issue the ticket, so bare this in mind.
The
Information on the PCN
The
ticket must state the 'date of issue' or 'date of notice' as
well as the date of the contravention. If it doesn't then it's
invalid.
In several test cases (including
Bury,
London and
Edinburgh), failure to display the above resulted in
the PCN being cancelled.
In London the case of 'Moses v London Borough of Barnet' was
taken to the high court for a judicial review by Barnet. On the
4th August 2006 Barnet lost this case. A summary can be found
Click here.
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Section 66 of
The Road Traffic Act 1991
specifies what must be stated on the ticket (shown below).
Note
that these details must be on the main body of the PCN and this does
NOT include the detachable part at the bottom. This was established
in the case of
MacArthur v Bury.
(3) A penalty charge notice must state—
(a) the grounds on which the parking attendant believes that a penalty
charge is payable with respect to the vehicle;
(c) that the penalty charge must be paid before the end of the period
of 28 days beginning with the date of the notice;
(d) that if the penalty charge is paid before the end of the period of
14 days beginning with the date of the notice, the amount of the penalty
charge will be reduced by the specified proportion;
(e) that, if the penalty charge is not paid before the end of the 28
day period, a notice to owner may be served by the London authority on
the person appearing to them to be the owner of the vehicle;
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Section 66 also specifies specifies that the PCN must be handed to
the driver or placed on the vehicle (note that cctv enforcement is
subject to a different act, see below):
66.—(1) Where, in the case of a stationary vehicle in a designated parking
place, a parking attendant has reason to believe that a penalty charge is
payable with respect to the vehicle, he may—
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CCTV Enforcement of Parking
Prior to 31st March 2008 |
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CCTV enforcement of parking prior to
31st March 2008 in London is covered under the
London Local Authorities Act
2000. A PCN is issued in
accordance with the Road Traffic Act 1991 (see above) but with the changes in
section (5).
Note for a CCTV ticket sent in the
post the period in which you are given to pay must be:
4
Service of penalty charge notice on the basis of information
provided by camera,
etc
(1)
This section does not
apply to the council of the Royal Borough of Kensington and
Chelsea.
(2)
Where a participating
council, on the basis of information provided by the use of
a camera or any other device, has reason to believe that a
penalty charge relating to a stationary vehicle in a
designated parking place or a special parking area in the
area of the council is payable under Part II of the Act of
1991 with respect to the vehicle, they may serve a penalty
charge notice on the person appearing to them to be the
owner of the vehicle.
(3)
A participating council
may not serve a penalty charge notice under this section
after the expiry of the period of 28 days beginning with the
date on which the penalty charge allegedly became payable.
(4)
Subject to subsection
(5) below, the Act of 1991 shall apply to a penalty charge
notice served under this section as though it were a penalty
charge notice issued under section 66(1) of that Act.
(5)
In the application of
the Act of 1991 to a penalty charge notice served under this
section—
(a)
for the reference to
the parking attendant in section 66(3)(a) there shall be
substituted a reference to the council;
(b)
for the reference in
paragraph 1(2)(b) of Schedule 6 to the parking attendant who
issued the penalty charge notice there shall be substituted
a reference to the council who served the penalty charge
notice; and
(c)
for the purpose of
section 66(3)(d), the date of the notice shall be the date
on which the penalty charge notice was served.
(6)
A notice
served under this section may be served in the same manner
as a notice to owner under paragraph 10 of Schedule 6 to the
Act of 1991.
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Bus
Lanes Tickets |
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In
London, the London
Local Authorities Act 1996 (amended
2000) gave London councils the
powers to enforce bus lane restrictions. The original act made the driver
responsible but the 2000 amendment (in schedule 2) made the owner
accountable for the PCN.
Schedule
1 of the 1996 act specifies what must be stated on the ticket:
(3) A
penalty charge notice under this Part of this Act must state—
(a) the
grounds on which the council believe that the penalty charge is payable with respect
to the vehicle;
(c) that
the penalty charge must be paid before the end of the period of 28 days beginning
with the date of the notice;
(d) that
if the penalty charge is paid before the end of the period of 14 days beginning
with the date of the notice, the amount of the penalty charge will be reduced
by the specified proportion;
(e) that,
if the penalty charge is not paid before the end of the 28 day period, an enforcement
notice may be served by the council on the person appearing to them to be the
owner of the vehicle;
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For point (g) above,
schedule 1 was amended by the
2000 act. The amendment means the
authority is only obliged to consider representations after an
enforcement notice has been served.
It's quite difficult to read and
understand this section by swapping between the two acts, so I've
rewritten the revised paragraph 2 of schedule 1 below:
Representations against enforcement notice
2
(1) Where it appears to a person on whom an enforcement notice
has been served under paragraph 1 above (in this Schedule
referred to as “the recipient”) that one or other of the grounds
mentioned in sub-paragraph (4) below is satisfied, he may make
representations to that effect to the council who served the
notice on him.
(2) Any representations under this paragraph must be made in
such form as may be specified by the councils, acting through
the Joint Committee.
(3) The council may disregard any such representations which are
received by them after the end of the period of 28 days
beginning with the date on which the enforcement notice in
question was served.
(4) The grounds referred to in sub-paragraph (1) above are—
(a) that the recipient—
(i)
never was the owner of the vehicle in question;
(ii) had ceased to be its owner before the date on which the
penalty charge was alleged to have become payable; or
(iii) became its owner after that date;
(b) that there was no breach of an order or regulations of the
type described in subsection (2) of the said section 4; or
(c)
that at the time the alleged breach of such order or regulations
took place the person who was in control of the vehicle was in
control of the vehicle without the consent of the owner.
(5) Where the ground mentioned in sub-paragraph (4) (a) (ii)
above is relied on in any representations made under this
paragraph, those representations must include a statement of the
name and address of the person to whom the vehicle was disposed
of by the person making the representations (if that information
is in his possession).
(6) Where the ground mentioned in sub-paragraph (4) (a) (iii)
above is relied on in any representations made under this
paragraph, those representations must include a statement of the
name and address of the person from whom the vehicle was
acquired by the person making the representations (if that
information is in his possession). |
After 28 days an enforcement notice is
served by the council.
Schedule 1 of the 1996 act
stipulates what this must contain:
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(2) An enforcement notice must state—
(a) the amount of the penalty charge payable;
(b) the grounds on which the council believe that a penalty
charge is payable with respect to the vehicle;
(c) that the penalty charge must be paid before the end of the
period of 28 days beginning with the date on which the
enforcement notice is served;
(d) that failure to pay the penalty charge may lead to an
increased charge being payable;
(e) the amount of that increased charge;
(f) that the person on whom the notice is served may be entitled
to make representations under paragraph 2 below; and
(g) the effect of paragraph 6 below. |
In addition from (g) paragraph 6
states:
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6
(1) Where a council serve a notice of rejection, the person who
made the representations under paragraph 2 above in respect of
which that notice was served may, before—
(a) the end of the period of 28 days beginning with the date of
service of that notice; or
(b) such longer period as a traffic adjudicator may allow,
appeal to a traffic adjudicator against the council’s decision.
(2) On an appeal under this paragraph, the traffic adjudicator
shall consider the representations in question and any
additional representations which are made by the appellant on
any of the grounds mentioned in paragraph 2 (4) above and may
give the council concerned such directions as he considers
appropriate.
(3) It shall be the duty of the council to whom a direction is
given under sub-paragraph (2) above to comply with it forthwith |
If you appeal against the enforcement
notice, paragraph 5 stipulates what the notice of rejection must
state:
Rejection of representations against enforcement notice
5
Where any representations are made under paragraph 2 above but
the council concerned do not accept that a ground has been
established, the notice served under sub-paragraph (10) of the
said paragraph 2 (in this Schedule referred to as “the notice of
rejection”) must—
(a) state that a charge certificate may be served under
paragraph 8 below unless before the end of the period of 28 days
beginning with the date of service of the notice of rejection—
(i)
the penalty charge is paid; or
(ii) the person on whom the notice is served appeals to a
traffic adjudicator against the penalty charge; and
(b) describe in general terms the form and manner in which such
an appeal must be made;
and may contain such other information as the council consider
appropriate
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For Bus Lanes Outside
London, The
Bus Lane Contraventions (Penalty Charges, Adjudication
and Enforcement) (England) Regulations 2005 applies.
Section
8 specifies what must be stated on the ticket:
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(5)
A penalty charge notice must state—
(a)
the registration mark of the vehicle involved in the alleged contravention
(b)
the detection date and the time at which the alleged contravention occurred;
(c)
the reasons why the authority believe that a penalty charge is payable;
(d)
the amount of the penalty charge;
(e) that the penalty charge must be paid
before the end of the 28 day period;
(f) that if the penalty charge is
paid before the end of the period of 14 days beginning with the date of service
of the notice, the penalty charge will be reduced by one half;
(g) that
representations may be made, on any of the statutory grounds of appeal, to the
authority against the imposition of the penalty charge but that representations
made outside the 28 day period may be disregarded;
(h) what are the statutory
grounds of appeal;
(i) the postal address to which representations are
to be sent;
(j) any electronic mail address or FAX number to which representations
may be sent as an alternative to the postal address;
(k) that if at the
end of the 28 day period—
(i)
no representations have been made; and
(ii) the penalty charge has not been
paid,
the
authority may increase the penalty charge by a half and take steps to enforce
payment of the charge as so increased;
(l) the manner in which the penalty
charge may be paid
(m) that if the representations are rejected an appeal
may be made on any of the statutory grounds of appeal may be made to an adjudicator
in respect of a penalty charge; and
(n) that the recipient may, by notice
in writing to the authority, request them—
(i)
to make available at an office of theirs specified by him, free of charge and
at a time during normal office hours so specified, for viewing by him and by his
representative (if any), the record of the contravention produced by the approved
device pursuant to which the penalty charge was imposed; or
(ii) to provide
him, free of charge, with such still images from that record as, in the authority's
opinion, establish the contravention.
(6)
Where the recipient of the notice makes a request under paragraph (5)(m), the
authority shall comply with the request within a reasonable time. |
As per point (h) above, the PCN must
also state what the statutory grounds of appeal are as follows as
per
section 9 of the above act:
9. —(1) The recipient may make written representations on any of
the statutory grounds of appeal to the authority against the
imposition of the penalty charge; but the authority may
disregard any such representations which are received by them
after the end of the 28 day period.
(2) The grounds are—
(a) that the alleged contravention did not occur;
(b) that regulation 6(1) (other proceedings pursued) applies;
(c) in a case where the penalty charge notice has been served
on the recipient on the basis that he was the owner of the
vehicle concerned, that the recipient—
(i) never was the owner of the vehicle in question;
(ii) had ceased to be its owner before the detection date;
or
(iii) became its owner after the detection date;
(d) in a case where the penalty charge notice has been
served on the recipient on the basis that he was the hirer of
the vehicle concerned, that he was not liable to pay the
penalty charge under regulation 5(2);
(e) that the recipient was the registered keeper of the
vehicle in question on the detection date, but on that date—
(i) the circumstances were as mentioned in regulation
5(2) (vehicle subject to hiring agreement);
(ii) the circumstances were as mentioned in regulation 5(3)
(vehicle kept by a vehicle trader), and the recipient was
either not a vehicle trader or was a vehicle trader but not
the vehicle trader keeping the vehicle; or
(iii) the vehicle was in the control of a person who had
assumed control of it without the recipient's consent; and
(f) that the penalty charge exceeded the amount applicable
in the circumstances of the case.
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If the authority rejects your appeal,
they must serve a notice of rejection.
In accordance with
section 10 this must state:
(3) Where an authority is not satisfied that any of the
statutory grounds of appeal is established, the notice served in
accordance with paragraph (1)(b) must be a notice stating that
they do not accept that the ground has been established ("a
notice of rejection").
(4) A notice of rejection shall—
(a) state the reasons for the authority's decision;
(b) state that an appeal against the imposition of the penalty
charge may be made to an adjudicator within the appeal period;
(c) specify the statutory grounds of appeal;
(d) describe in general terms the procedure for making an
appeal;
(e) state that an adjudicator has power to make an award of
costs;
(f) indicate the circumstances in which the power may be
exercised; and
(g) state that unless, before the end of the appeal period—
(i) the penalty charge is paid; or
(ii) an appeal is made to an adjudicator against the
imposition of the penalty charge,
the authority may increase the penalty charge by 50 per
cent and take steps to enforce payment.
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Yellow Box Junctions and Moving Traffic Offences Tickets |
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The
London Local Authorities and Transport for
London Act 2003 gave London boroughs and Transport for
London the power to enforce moving traffic offences including yellow
box junctions. Key points from this act:
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The PCN must be sent
to you within 28 days of the date of the contravention as per
section 6 in the above act (except in
extenuating circumstances detailed in section 6, up to a maximum
of 6 months).
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When referring to
the period in
which you are given to pay,
the
PCN must refer to 28 days from the 'date of the notice'. A recent case by Islington was
lost at the adjudicator meaning all their tickets since December
2006 are invalid. Click
here for more information
Section
4(8) specifies what must be stated on the ticket:
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(8) A penalty charge
notice under this section must—
(a) state—
(i) the grounds on which
the council or, as the case may be, Transport for London believe
that the penalty charge is payable with respect to the vehicle;
(ii) the amount of the
penalty charge which is payable;
(iii) that the penalty
charge must be paid before the end of the period of 28 days
beginning with the date of the notice;
(iv) that if the penalty
charge is paid before the end of the period of 14 days beginning
with the date of the notice, the amount of the penalty charge will
be reduced by the specified proportion;
(v) that, if the penalty
charge is not paid before the end of the 28 day period, an increased
charge may be payable;
(vi) the amount of the
increased charge;
(vii) the address to
which payment of the penalty charge must be sent; and
(viii) that the person
on whom the notice is served may be entitled to make representations
under paragraph 1 of Schedule 1 to this Act; and
(b) specify the form in
which any such representations are to be made.
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In
addition as per point (viii) above,
Schedule 1 states:
SCHEDULE 1
Penalty charge notices
etc.
under section 4 (penalty charges for road traffic
contraventions) of this Act
Representations against penalty charge notice
1
(1)
Where it appears to a
person on whom a penalty charge notice has been served under
section 4 (Penalty charges for road traffic contraventions) of
this Act (in this Schedule referred to as “the recipient”) that
one or other of the grounds mentioned in sub-paragraph (4) below
is satisfied, he may make representations to that effect to the
enforcing authority.
(2)
Any representations under
this paragraph must be made in such form as may be specified by
the enforcing authority, acting through the Joint Committee
(within the meaning of subsection (16) of the said section 4).
(3)
The enforcing authority may
disregard any such representations which are received by them
after the end of the period of 28 days beginning with the date
on which the penalty charge notice in question was served.
(4)
The grounds referred to in
sub-paragraph (1) above are—
(a)
that the recipient—
(i)
never was the owner of the
vehicle in question;
(ii)
had ceased to be its owner
before the date on which the penalty charge was alleged to have
become payable; or
(iii)
became its owner after that
date;
(b)
that there was no—
(i)
contravention of a
prescribed order; or
(ii)
failure to comply with an
indication; or
(iii)
contravention of the lorry
ban order,
under subsection (5) or (7) of the said section 4 as the case
may be;
(c)
that at the time the
alleged contravention or failure took place the person who was
in control of the vehicle was in control of the vehicle without
the consent of the owner;
(d)
that the recipient is a
vehicle-hire firm and—
(i)
the vehicle in question was
at the material time hired from that firm under a vehicle hiring
agreement; and
(ii)
the person hiring it had
signed a statement of liability acknowledging his liability in
respect of any penalty charge notice issued in respect of the
vehicle during the currency of the hiring agreement; or
(e)
that the penalty charge
exceeded the amount applicable in the circumstances of the case.
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If your appeal is rejected you should
receive a notice of rejection letter as per below:
Rejection of representations against penalty charge notice
3
Where any representations
are made under paragraph 1 above but the enforcing authority do
not accept that a ground has been established, the notice served
under sub-paragraph (7) of the said paragraph 1 (in this
Schedule referred to as “the notice of rejection”) must—
(a)
state that a charge
certificate may be served under paragraph 5 below unless before
the end of the period of 28 days beginning with the date of
service of the notice of rejection—
(i)
the penalty charge is paid;
or
(ii)
the person on whom the
notice is served appeals to a traffic adjudicator against the
penalty charge; and
(b)
describe in general terms
the form and manner in which such an appeal must be made,
and
may contain such other information as the enforcing authority
consider appropriate |
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Ticketfighter.co.uk 2007
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