Parking PCN issued by a Civil Enforcement Officer
What are the grounds of appeal?
The statutory grounds for appeal are set out in The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 where the PCN has been issued by a English Council; The Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008 where the PCN has been issued by a Welsh Council prior to 25th March 2013; The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013 where the PCN has been issued by a Welsh Council on or after 25th March 2013.
If the Adjudicator concludes that one of the statutory grounds applies, they must allow the appeal and will direct the council to cancel the penalty.
The Adjudicator has no power to allow the appeal unless one of the statutory grounds applies.
However, even if none of the statutory grounds applies, the Adjudicator may make a recommendation to the council if there are other compelling reasons why the penalty should be cancelled.
The council is required to consider the Adjudicator's recommendation and make a formal response.
These are the grounds:
The PCN was issued incorrectly, because:
1. The contravention did not occur
- The signs and lines were wrong
- The PCN was not served
- The events alleged did not happen
- The vehicle was entitled to park
- Loading/unloading was taking place
- A passenger was boarding/alighting
- A valid disabled person's badge was displayed
- A valid
- pay-and-display ticket or permit was displayed.
2. The penalty charge exceeded the amount applicable in the circumstances of the case.
This means that the council has asked for more than it was entitled to under the relevant Regulations - The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.
|Band||Higher level penalty charge||Lower level penalty charge||Higher level penalty charge paid early||Lower level penalty charge paid early||Higher level penalty charge paid after service of charge certificate||Lower level penalty charge paid after service of charge certificate|
3. The relevant Traffic Regulation Order (TRO) is invalid.
This means that the TRO was invalid or illegal.
4. There has been a procedural impropriety by the council.
This means that the council has not complied with the Regulations made under the Traffic Management Act 2004 (TMA) or the relevant regulations. For example:
The PCN or some other document did not contain the required information
The council did not respond to a challenge or responded too late.
The appellant is not liable to pay a penalty, because:
5. The appellant did not own the vehicle when the alleged contravention occurred.
- They never owned it
- They sold it before or bought it after the date of the contravention. The appellant should provide information about the transaction including the new or former owner's name and address, if known.
- Some long-term leasing arrangements have the effect of transferring keepership from the registered keeper to the hirer.
6. The owner is a vehicle hire firm and:
(i) the vehicle was on hire under a qualifying hiring agreement; and
(ii) the hirer had signed a statement of liability for any PCN issued during the hire period.
This ground applies only to formal hire agreements where the hirer has signed an agreement accepting liability for penalty charges. The requirements are specific. They are contained in Schedule 2 to the Road Traffic (Owner Liability) Regulations 2000. The appellant should provide the hirer's name and address and a copy of the agreement.
7. The vehicle was taken without the owner's consent.
This ground covers stolen vehicles and vehicles used without the owner's consent.
It could apply, for example, to a vehicle taken by "joy-riders". It does not generally apply to vehicles in the possession of a garage or borrowed by a relative or friend.
If possible, the appellant should supply a Crime Reference Number from the police.
8. The penalty has already been paid:
(i) in full; or
(ii) at the discount rate and in time.