Making representations
The grounds on which you may make representations are set out below.
Click here for a sample copy of a notice to owner.
Click here for advice on how to have a notice to owner and a penalty charge notice cancelled.
You can appeal on the grounds listed below or if one of the grounds does not apply, you may also ask the Enforcement Authority to consider other reasons for canceling the penalty, such as compelling reasons, compassionate grounds, mitigation or indeed any other ground that you would like them to consider. If the Enforcement Authority accepts that there are compelling reasons, it must cancel the Penalty Charge Notice. Even if it does not accept that there are compelling reasons, it may still cancel the Penalty Charge Notice, but does not have to. The authority has discretion to cancel a PCN and all authorities are urged to use their discretion.
Making formal representations
The grounds upon which you may make formal representations are:
• That the alleged contravention did not occur – this is the most frequent ground and includes, incorrect signage and lineage, incorrectly completed Penalty Charge Notice, if you were not illegally parked, if the vehicle was exempt from the regulations, if you were loading where permitted, if the PCN was issued too early by The CEO , where the vehicle was correctly displaying a permit or pay and display ticket etc.
• you were not the owner of the vehicle at the relevant time – for example you had sold it.
• the vehicle was parked by someone in control of it without the owner’s the hirer;
• the penalty exceeded the amount applicable in the circumstances of the case – it may be that you are asked to pay the higher fine for a contravention which carries the lower penalty.
• there has been a procedural impropriety on the part of the Enforcement Authority..
• the Traffic Order allegedly contravened is invalid;
• the civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.
• the penalty charge has already been paid.
Plus as aforementioned any compassionate or indeed any other grounds that you would like the authority to consider.
Click here for a sample notice to owner
What happens next
The Enforcement Authority considers your representations
The authority must, before the end of 56 days beginning with the date on which they receive representations:
• consider representations received in time;
• decide whether to accept or reject them;
• serve on the person who made the representations:
o a Notice of Acceptance, if it accepts them; or
o a Notice of Rejection and a Notice of Appeal form, if it does not accept them
If the authority accept your formal representations or fail to respond within 56 days, they must cancel the original Penalty Charge Notice and refund any sums paid.
