General advice if you have received a penalty charge notice (PCN) for a moving traffic contravention.
(If you have received a bus lane ticket (penalty charge notice) please visit our dedicated bus lane website dealing solely with Bus Lanes. www.buslanes.com.)
This section deals with general advice on your options if you have received a PCN for a moving traffic offence and how to have your PCN cancelled. At the end of this section you can see the basic checks section which will show you general ways to have your PCN cancelled. Once you have read this go back to the specific contravention that you are interested in to read specific ways to have yur PCN cancelled.
In principle we support enforcement of moving traffic offences. However many motorists including ourselves see the strict and overzealous enforcement by local authorities as an easy way to rake in millions of pounds in fines from motorists. Very often motorists are fined where the signs or road markings are defective or even illegal, or where there has been only a very minor transgression of the rules. Worse still in instances where motorists have been fined illegally local authorities such as Camden council in London refuse to refund motorists.
If you have received a PCN issued for a moving traffic offence 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 many local authorities will accept an informal representation so long as it is made within 14 days. An informal representation is simply a letter from you to the local authority explaining why you do not think that you should have to pay. This is outside of the formal appeals process set out above. Even if they reject your informal representations they may preserve the discount for a further 14 days. We would advise you to check on the PCN that you have received or alternatively contact the enforcing authority. Assuming that they will accept an informal representation 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.
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 carry a disposable camera in their car although nowadays many people 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.
