Grounds of appeal – Durham City peninsula congestion charge

Below are the only grounds (reasons) on which an adjudicator
can instruct the council to cancel a Penalty Charge Notice (PCN).

Don’t worry if you don’t know which ground applies, the
adjudicator can decide if a particular ground applies.

It may be that none of these grounds apply to your case. If
so and if there is another compelling reason, the adjudicator may recommend
that the council cancel the PCN. The council must then consider the
recommendation and make a formal response.

You were not the registered keeper of the vehicle when the alleged contravention occurred

For example:

You have never been the registered keeper

you had ceased to be the registered keeper of the vehicle at
the time of the alleged contravention

you became the registered keeper after the time of the
alleged contravention

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
‘joyriders’. 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.

The owner is a vehicle hire firm


• the vehicle was on hire under a qualifying hiring
agreement, and

• the hirer had signed a statement of liability for any
penalty charge notice issued during the hire period.

The road user charge was paid on time and as required

The road user charge should be paid either in advance or by
midnight the day after crossing.

The penalty exceeded the amount that applied in the circumstances

This means the authority have asked for more than they are
entitled to under the relevant regulations. This is £70.

There has been a procedural impropriety by the charging authority

This means the council have not complied with the
relevant regulations. For example:

the penalty charge notice or another document did not give
the required information; or

the charging authority did not respond to a challenge or
responded too late.

Compelling reasons

If the adjudicator agrees that you have compelling reasons
why the penalty should not be paid, they may make a recommendation to the
council that they cancel the penalty. If the council choose not to do this they must explain why.

The adjudicator cannot cancel a penalty based on compelling