General advice if you have received a penalty charge notice (PCN) for a moving traffic contravention.
This section deals with general advice on your options if you have received a Penalty charge notice for a moving traffic contravention previous (offence) such as a yellow box, or failing to comply with a sign (e.g. no right turn) and how to have your PCN cancelled. Of course there are also different grounds of appeal that you can use for specific contraventions so it is very important that you check these as well as the section below. At the top of each page there is a search facility. You can either type in the 2 digit contravention code from your penalty charge notice or select the description from the drop down list or select the description form the list on the left. You will then see diagrams of signs that should be in place and the many specific ways that you can have your PCN cancelled. We have even summarised loads of adjudicator's decisions so you can see on what grounds motorists have won! Some of the info is free but we ask that you become a member in order to view the whole site. It took us over a year and a small fortune to set the site up and we constantly update it.
Remember, once you have read this general section go to the specific contravention that you are interested in to read specific ways to have your PCN cancelled. You can access this either by the menu on the left or by entering the contravention code in the box at the top of the page.
If you believe that you have a reason to dispute your pcn or have compassionate grounds then you must write in. Usually you have nothing to loose as they usually hold the discount for a further 14 days even if the reject what you say. Do not be put off by the threat of losing the 50% discount. If you are going to appeal do not pay the penalty charge notice until you have heard back from them as they may well just close the case.
If you have received a penalty charge notice for a moving traffic contravention you have two options.
Either accept that you were at fault and committed a contravention and pay at the discounted rate within 14 days from the date of the notice or at the full rate within 28 days,
or make formal representations to the enforcing authority within 28 days from the date of the notice. If you decide to challenge the PCN you will be forfeiting the opportunity to pay at the reduced rate (see note below).
Despite the comments above most local authorities will allow you a further opportunity to pay at the reduced rate if your representations are made within the 14 days discount period and they reject them. We would advise you to check with the enforcing authority. If this is the case you then have nothing to loose by writing in.
If your representations are accepted the authority must write to inform you of such. If your representations are rejected the authority must write informing you and you then have a further 28 days from the date of service of notice of rejection to pay at the full amount, or submit an appeal to the Parking and Traffic Appeals Service (PATAS). If you do neither a charge certificate will usually be served increasing the debt by 50%.
Do not be put off appealing because of the removal of the 50% discount. Some local authorities such as Westminster and transport for London reject informal representations but when you go a stage further or appeal they often accept them or don't even bother to contest an appeal to the adjudicator. If you think you have a good case then see it through. The Odds are in your favour!
Your letter to the enforcement authority
You should state the facts and your letter or statement should be no longer than absolutely necessary. You should remember that the person who reads your letter may well have discretion to cancel your PCN. It may not be helpful therefore to vent your anger or make threats. You should place yourself in the position of the person who will be reading your letter. Photographs, diagrams, witness statements can be extremely helpful. Many motorists have camera phones. Always send copies and keep the originals of any attachments and if possible use recorded delivery. You should also keep a copy of your letter to the council. Also remember to include the date and the number of the penalty charge notice in any correspondence.
Basic checks and simple ways to have your penalty charge notice cancelled are set out below. This is for memebers only.
The rest of this section is for members only. Member sign in | Join today
 |
|
 |
|
 |
|
|
Follow us on twitter: twitter.com/penaltycharge | Join our Facebook group: www.facebook.com
Top of page | Support us and join today! | Report a problem
