Penalty Charge Notice
Issued by post to the registered owner of the vehicle. The owner is usually, but not always, liable for the penalty, whoever was driving. Exceptions include if the car was taken without your consent, if it was hired out under an agreement or if you have sold the vehicle.
There are 3 cases when a PCN may be served by post and the discount period varies according to which case.
Case 1: enforcement is by camera – 21 days to pay at reduced rate
Case 2: the CEO was prevented by someone from serving it at the scene – 14 days to pay at reduced rate
Case 3: the CEO had begun to prepare a PCN but the vehicle was driven away before it was finished and issued. – 14 days to pay at reduced rate
Your next steps
Either:
Pay the penalty charge
• payment details are on the Penalty Charge Notice.
• you should pay within 28 days beginning with the date which the notice was served – this is ordinarily when the notice arrived at the address to which it was posted . If the authority RECEIVES payment within the first 21 days (in respect of a case 1 contravention) or 14 days (in respect of a case 2 or 3 contravention) you only have to pay half the penalty.
• If you do not pay within 14 or 21 days, your right to pay at the reduced rate ends.
• If the authority does not receive payment of the reduced penalty within 14 or 21 days or the full penalty within 28 days the next stage in the formal process is for the authority to send a charge certificate.
or:
Make a formal representation (appeal) against a Penalty Charge Notice to the enforcement authority within 28 days. (see note below regarding reoffering of discount)
When making representations, you should:
• explain your reasons fully and carefully;
• send clear copies of any relevant documents, keeping the originals;
• make sure the local authority RECEIVES your representations within 28 days or better still within the discount period.
Some local authorities such as Westminster in London will re offer the discount if they receive your formal representations within the discount period and reject them. Authorities are not obliged to do this so you must check with the authority who issued the penalty charge notice.
You can appeal (make a formal representation) 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 mitigation, compelling reasons or indeed any other ground that you would like them to consider. If the Enforcement Authority accepts that there are mitigating or compelling reasons, it must cancel the Penalty Charge Notice (where this was served by post). 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.
