Littering from Vehicles

PN Grounds of Appeal

Littering from Vehicles

PN Grounds of Appeal

Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Littering from Vehicles Penalty Notice (PN).

Unsure which ground
applies to your case?

Explain clearly why you are submitting an appeal in as much detail as possible.
The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case.

Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Littering from Vehicles Penalty Notice (PN).

Unsure which ground applies to your case?

Explain clearly why you are submitting an appeal in as much detail as possible. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case.

The littering offence did not occur

You were not the Registered Keeper of the vehicle when the alleged contravention occurred

For example:

you have never been the Registered Keeper
you sold it before, or bought it after, the date of the contravention. You will usually be required to provide the name / address details of who you bought the vehicle from / sold the vehicle to in your appeal. If you cannot do this, you should explain why
it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the hirer.

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 care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police when submitting an appeal.

The owner is a vehicle hire firm

This ground applies only to qualifying formal hire agreements, where the hirer has signed an agreement accepting liability of penalty charges issued during the hire period. You should provide the hirer’s name and address and a copy of the agreement when making an appeal to us.

For further guidance, see:

The PN was issued too late, or is a duplicate

For example, the PN was issued more than 35 days after the littering offence, or a Fixed Penalty Notice or court summons for the same littering offence has been received.

The vehicle is a public service vehicle (PSV), taxi or private hire vehicle (PHV)

Proof of the vehicle’s status at the time of the alleged offence will need to be provided when submitting an appeal.

You have already received a Fixed Penalty Notice, or have been tried in a criminal court for the offence

The penalty exceeded the amount that applied in the circumstances

This means the authority has asked for more than they are entitled to under the relevant regulations. This is £150.

There has been a procedural impropriety by the authority

This means the authority has not complied with the relevant regulations. For example:

the PN or another document did not give the required information
the authority did not respond to your challenge, or responded too late.

Compelling reasons

The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask the authority to reconsider their decision to issue the penalty. You should explain clearly why you are appealing and as much detail on the circumstances as possible, which the Adjudicator will consider.