Challenge parking penalty charge notices - information and advice

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Contents

• How do I challenge my Penalty Charge Notice (PCN)?
• What are the acceptable grounds for making a challenge?
• What's the difference between a challenge, representation or appeal?
• Challenges
• Formal representations
• Appeals

How do I challenge my Penalty Charge Notice (PCN)?

You can challenge a PCN if you:

• think that the PCN is wrong
• have a valid pay and display ticket or permit to cover the time of the parking contravention,

You must make your challenge in writing by law, we can't accept challenges over the telephone.

When making your challenge, please supply copies of any supporting evidence, such as a valid pay and display ticket, permit, or Blue Badge.

You can submit your challenge by:

• using the online challenge form
• post:

Parking Services
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

• fax: 01332 715030.

You will need to quote:

• the PCN number
• the vehicle registration
• your address
• telephone and or mobile number.

You will also need to fully explain your reason for challenging the PCN.

You will receive an acknowledgement to confirm that we have received your challenge. We will write back to you, in full, once we have considered your challenge.

What are the acceptable grounds for making a challenge?

Before making a challenge or representation, you may wish to consider whether you have grounds to make it.

We don't accept the following as valid reasons for challenging a PCN...

• The parking restrictions were unfair.
• You had gone to get change for a pay and display machine.
• You only parked for a few minutes.
• You were not causing an obstruction.
• There was nowhere else to park.
• You were unexpectedly delayed.
• You were not aware of the parking restrictions.
• You did not see the signs and lines.

What's the difference between a challenge, representation or appeal?

Challenges

Under the Traffic Management Act 2004, a motorist who has received a PCN can submit a 'challenge' (also called an 'informal representation') to us if they don't believe they should have been given a PCN.

By law, we do not have to answer this type of challenge, but we generally do.

When we receive a challenge, the case will go on hold until we send a decision to you.

Important: You should not pay and challenge - you must do one or the other.

We will tell you when we send you our decision whether you need to pay or not. If we reject your challenge and ask you to make a payment, we will offer you the reduced payment at this stage.

Formal representations

Once we have sent an NtO (Notice to Owner) to the registered keeper of the vehicle, that person can send in a 'formal representation' based on specific grounds...

• The alleged contravention did not occur.
• The recipient was never the owner of the vehicle in question or had ceased to be its owner before the date on which the alleged contravention occurred, or became the owner after that date.
• The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner.
• The recipient is a vehicle hire firm.
• The penalty charge exceeded the amount in the circumstances of the case.
• There had been a 'procedural impropriety' on the part of the enforcement authority.
• The Traffic Regulation Order, which alleged to have been contravened in relation to the vehicle concerned, is invalid.

By law, we must consider representations made on any grounds, provided they are made within 28 days of the date of the Notice to Owner being served.

If wel reject your representation, you will be given the opportunity to appeal to an independent adjudicator. We will provide a form about this, with the letter we send you telling you that we have rejected your representation.

Appeals

You can appeal to the independent adjudicator or Traffic Penalty Tribunal within 28 days of the date of the Notice of Rejection letter being served. You must do this on the form we give you.

Adjudicators are appointed jointly by all relevant local authorities, with the agreement of the Lord Chancellor, and are completely independent. They have a judicial position and should be treated accordingly.

The Adjudicators' decision is final and binding on both parties. You can get more information about the enforcement of parking tickets, as well as parking and bus lane regulations for councils in England (outside London) and Wales that are in the Civil Enforcement Scheme at the PATROL website.

Useful forms

• Street parking enforcement and fines

Useful links

• Department for Transport
• Derbyshire County Council
• Derbyshire Constabulary
• Car Parks 4u
• Traffic Penalty Tribunal
• PATROL UK