Types of appeal
You will need to decide whether you want your appeal decided on a postal, personal or telephone basis.
Postal Appeal
If you have asked for a postal decision, you will be sent formal acknowledgement that your appeal has been received and registered and you will be notified of the date on which your appeal is due to be decided. The Adjudicator will consider the appeal based solely on the written evidence which both you and the council supply. A written decision will then be sent to you and the council, normally within a week of the case being decided.
Personal appeal
If you want a personal appeal, you should choose one of the appeal venues listed on the “Notice to Appeal” form. You will be sent a formal acknowledgement that your appeal has been received and registered. The adjudicators staff will schedule it for the next appropriate hearing usually at the venue of your choice and will give you at least 21 days’ notice of the precise date, time and venue location. Personal hearings normally last about 20 minutes and are held in premises independent of the local council. You may choose to have your personal appeal heard in any of the venues listed on the “Notice of Appeal” form, irrespective of where the PCN was issued.
Hearing venues are generally well known buildings in the community such as libraries, leisure centres or hotels. They generally have excellent access for people with disabilities although it is often helpful for an appellant to advise the adjudicators staff in advance if special facilities or access is likely to be necessary.
Personal appeals are relatively informal in nature. Those attending usually include the Adjudicator, the appellant and the council representative. In common with most other legal proceedings, however, appeals are open to the public and, although rare, anyone may attend as an observer. The council may rely on their written submissions alone or may choose to send a representative, either to take part or simply to observe.
You will have the opportunity to put your case to the Adjudicator and to answer any questions he or she puts to you. Although those attending are not required to give their evidence under oath, all parties are reminded of their duty to tell the truth at all times.
You may choose to bring a relative or supporter with you to a personal appeal. Witnesses may also attend. Due to the informality of the proceedings, legal representation is seldom necessary.
At the end of the hearing, the Adjudicator will almost always give his or her decision. This decision is confirmed in writing to you and the council, normally within ten days.
Telephone Appeal
If you have asked for a telephone appeal, you will be sent a formal acknowledgement that your appeal has been received and registered. The adjudicators staff will schedule a hearing, taking into account your preferred time and will give you at least 21 days’ notice of the precise time and date of the telephone hearing. Telephone Hearings last about 20 minutes and take place by means of a telephone conference call. If you choose a telephone hearing then you will be contacted on the telephone number provided by you on your ‘Notice of Appeal’ form.
Although the hearing takes place over the telephone rather than at a hearing venue, the conduct of the hearing is similar to that in a personal hearing.
When submitting your appeal, you should:
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explain your reasons fully and carefully. There is no need to vent your anger rather simply state the facts.
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send clear copies of any relevant documents including photo’s, plans , correspondence, witness statements etc., keeping the originals;
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make sure the adjudicator RECEIVES your representations within 28 days. They may disregard representations received later. They may consider late representations, but do not have to. We would advise you to ensure that they receive your representation within the 28 days.
When they receive a “Notice of Appeal”, the adjudicators staff will make some basic checks and if everything is in order it will be registered as a formal appeal . After this, a number of things will happen:
In all cases the council will be notified that an appeal has been lodged and will be given 21 days to submit their evidence to the Adjudicator. At the same time they must submit a copy of this evidence to you, as the appellant. You may be surprised but quite often the council or other enforcing authority do not provide any evidence at all nor do they even contest the case.
After the Decision
After the Adjudicator has made his or her decision, confirmation will be sent to the appellant and the council. Normally, the Adjudicator’s Decision will have one of two outcomes:
1. That the appeal is allowed and the appellant is not liable to pay the penalty charge.
The Adjudicator may give other directions to the Council as may be appropriate, including a direction to repay any part of the penalty already paid.
OR, alternatively,
2. That the appeal is refused and the appellant is liable to pay the penalty charge.
What Happens Next?
If you win your appeal and your liability for the penalty charge is cancelled, this should be the end of the matter. If you lose your appeal, you must pay the charge due to the council within a period of 28 days beginning with the date that the Adjudicator’s written decision was sent to you. If you fail to do so, the council will be entitled to continue enforcement proceedings against you .
Click here for details of the full enforcement process.
The Adjudicator has the power to consider an application for costs from either party. However, an award of costs is extremely rare and the sums involved are modest.
