Appeal a Penalty Charge Notice
- I have received a Penalty Charge Notice. What do I do?
- What do I do if I don't agree with the issuing of the notice?
- When will I get a decision?
- What do I do once I have recieved a decision?
- What happens if I do not pay the Penalty Charge Notice, disagree with the decision made at the first stage of appeal or if I have not received the original on my vehicle?
- I have received a Notice of Rejection . What do I do?
- I have received a Charge Certificate but did not pay it, what happens now?
I want to contest the registering of the debt can I do this?
Take a look at the photographs.
Before making an appeal against a Penalty Charge Notice you can view the photographs taken by the Civil Enforcement Officer.
This will mean that you can assess whether to pay or appeal the notice.
You can do this by going to www.brighton-hove.gov.uk/parkingdoitnow and selecting 'Appeal a Penalty Charge Notice.'
If there are no photographs assigned to your case there may be many reasons why this is. It is not a legal requirement to have photographs of the contravention.
If you want to submit an appeal, known as an informal representation at this stage, you can do so online or by submitting an appeal in writing to us at the Parking Information Centre.
All enquiries must be made in writing so that we have an audit trail of all correspondence.
What do I do once I have received a decision?
If your appeal is successful we will cancel the Penalty Charge Notice and we will write to advise you of this.
If your appeal is rejected, we will allow 14 days from the date of service of our letter for you to pay the reduced charge of either £35 or £25 depending on the level of contravention.
All appeals will be considered on their individual merits.
If an appeal is not received within 14 days of the notice being served then the full rate of £70 or £50, depending on the contravention, may apply.
Please ensure that you include your address on any correspondence.
The case will progress to the next stage and a Notice to Owner will be issued.
If payment is not received after 28 days of the Penalty Charge Notice being served or no payment is made after your appeal has been rejected we will send the registered keeper of the vehicle a Notice to Owner.
The DVLA should be kept informed of who the keeper of a vehicle is at all times.
The Notice to Owner lets the registered keeper of the vehicle know that a Penalty Charge Notice is outstanding.
At this stage the charge of the notice is either £50 or £70 depending on the level of contravention.
A Notice to Owner provides the final chance to make an appeal known as a formal representation.
You should include as much detail as possible to explain why you are challenging the notice and also include any evidence in support of your appeal.
If your appeal is successful we will cancel the notice.
If your appeal is unsuccessful you can pay or appeal to the Traffic Penalty Tribunal.
If your formal representation has been rejected then you will be sent a Notice of Rejection.
This letter will include instructions on how to pay the charge and how to appeal to the Traffic Penalty Tribunal.
What happens if I do not pay the Notice to Owner within the specified timescale or I lose my case at the Traffic Penalty Tribunal and do not pay within the specified timescale?
The next stage is when a Charge Certificate is issued.
An additional 50% charge will be added to the original price of the charge not the discounted charge.
You have no further right of appeal at this stage.
If you have not paid the outstanding charge at this stage the debt will be registered at Northampton County Court. An addition fee of £7 will be added.
You can file what is know as a witness statement however there are only 4 legal grounds that you can do this under.
1. I did not receive the Notice to Owner
2. I have made a representation but received no response
3. I made an appeal to the adjudicator but received no response
4. I paid the Penalty Charge Notice in full
To file the witness statement you must complete the TE9 form that was sent with the Order for Recovery and return it to the Traffic Enforcement Centre at Northampton County Court.
This must be submitted within 21 days of service of the Order for Recovery.
We will either accept your witness statement or contest the application.