The Appeals Process – Merseyflow

Merseyflow charge at Mersey Gateway Bridge Crossings – Penalty Charge Notices (PCNs)

 

Penalties for failing to pay a charge at the Mersey Gateway Bridge Crossings are £40. In all cases the charging authority (Halton Borough Council) must accept 50% (£20) if they receive the payment within 14 days. PCNs issued for failing to pay the Merseyflow charge at the Mersey Gateway Bridge Crossings will be sent through the post to the vehicle owner – this is the person on the DVLA record as the registered keeper.

The procedure for challenging this type of PCN is set out below.

If you do nothing i.e. don’t pay the penalty or make representations (challenge the PCN) to the authority the penalty will increase. If the penalty has not been paid after 28 days, the penalty increases to £60 payable within 14 days. If the penalty remains unpaid beyond 42 days, the authority will register the penalty as a civil debt and recovery action will begin if it is not paid after a further 36 days.

Representations (challenging the PCN with the Charging Authority)

To challenge this kind of PCN contact the charging authority (Halton Borough Council) which issued it as soon as possible – read the notice for details. Quote the PCN number and say why you believe you should not have to pay.

The charging authority will decide whether or not to cancel the PCN. If they cancel it, you have nothing to pay. If they don’t cancel it, you can either pay the penalty or appeal to the independent adjudicator at the Traffic Penalty Tribunal.

If you pay within 14 days, you only have to pay 50% of the penalty. If you challenge within 14 days and the authority rejects it, they will usually reset the 50% rate for a further 14 days. You can check with them whether they will do this. Otherwise you have 28 days from when the notice is delivered* to appeal against it to the authority.

For more information about paying or challenging the penalty with the charging authority please follow the link to Merseyflow.

Notice of Rejection of Representations

The authority will consider your representations. If they agree with you, they will cancel the PCN and you pay nothing. If they don’t, they will send the owner a Notice of Rejection of Representations (NoR) and tell you how to appeal to the independent adjudicator at the Traffic Penalty Tribunal. This information (a PIN, web link and telephone number) will be contained within the NOR.

Appeal to the independent adjudicator at the Traffic Penalty Tribunal

At this stage you should either pay the penalty or appeal to the independent adjudicator. You have 28 days from when the NoR is delivered* to pay or appeal. But it is best to appeal as soon as you decide to, because if you delay beyond 28 days you may lose the right to have your case considered by the adjudicator. You can only appeal to the adjudicator once the charging authority has issued an NoR.

View the grounds on which an adjudicator can cancel a PCN

Ready to appeal

*Delivery is usually deemed to be 2 working days after the date on the notice.