Tuesday 22nd October 2019
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How to appeal against a penalty charge notice

Sub heading

Car

The process in making an appeal is outlined below.

I have been issued a Penalty Charge Notice, what do I do?
 
Before making an appeal against a Penalty Charge Notice you can follow this link to view the photographs taken by the Civil Enforcement Officer. If there are no photographs assigned to your case there may be many reasons why this is. It is not a legal requirement to have photographs of the contravention.
 
It is also a good idea to check the rules related to the contravention printed on your PCN. Please follow this link for a full list of contravention codes and enforcement rules. This will mean that you can assess whether to pay or appeal the notice. 

What do I do if I don't agree with the issuing of the notice?
Follow this link if you want to submit an appeal, or let us know by post to Parking Services Town Hall Luton, LU1 2BQ.  All enquiries must be made in writing. Please explain why you feel the PCN should be cancelled giving any evidence you have to support your claim.
 
When will I get a decision?
The current response time for challenges is approximately 4 weeks.
 
What do I do once I have received a decision?
If your appeal is successful we will cancel the Penalty Charge Notice and we will write to advise you of this.
 
If your appeal is rejected, we will allow 14 days from the date of service of our letter (the day you get it) for you to pay the reduced charge.
 
If an appeal is not received within 14 days of the notice being served then the full rate.
 
What happens if I do not pay the Penalty Charge Notice or disagree with the decision made at the first stage of appeal?
A Notice to Owner will be issued.
 
If payment is not received after 28 days of the Penalty Charge Notice being served or no payment is made after your appeal has been rejected we will send the registered keeper of the vehicle a Notice to Owner.
 
At this stage the charge of the notice is either £50 or £70 depending on the level of contravention.
 
A Notice to Owner provides the final chance to make an appeal to us. This is known as a Formal Representation.
 
You should include as much detail as possible to explain why you are challenging the notice and also include any evidence in support of your appeal.
 
If your appeal is successful we will cancel the notice.
 
If your appeal is unsuccessful we will send you a Notice of Rejection.
 
I have received a Notice of Rejection what do I do?
If your formal representation has been rejected then you will be sent a Notice of Rejection.
This letter will include instructions on how to pay the charge and how to appeal to the Traffic Penalty Tribunal.
 
What happens if I do not pay the Notice to Owner within the specified timescale or I lose my case at the Traffic Penalty Tribunal and do not pay within the specified timescale?
The next stage is when a Charge Certificate is issued.
 
An additional 50% charge will be added to the original price of the charge not the discounted charge.
 
You have no further right of appeal at this stage.
 
I have received a Charge Certificate but did not pay it within the specified timescale, what happens now?
If you have not paid the outstanding charge at this stage the debt will be registered at Northampton County Court. An additional fee of £7 will be added.
 
I want to contest the registering of the debt can I do this?
You can file what is know as a witness statement, however there are only 4 legal grounds that you can do this under.
  1. I did not receive the Notice to Owner
  2. I have made a representation but received no response
  3. I made an appeal to the adjudicator but received no response
  4. I paid the Penalty Charge Notice in full
To file the witness statement you must complete the TE9 form that was sent with the Order for Recovery and return it to the Traffic Enforcement Centre at Northampton County Court.
 
This must be submitted within 21 days of service of the Order for Recovery.
 
We will either accept your witness statement or contest the application.
Contact us