This section describes the statutory process a Penalty Charge Notice (PCN) must follow.
Issue of Penalty Charge Notice (PCN)
The PCN is issued by a Civil Enforcement Officer (CEO), formally known as either a traffic warden or parking attendant, and either affixed to the vehicle windscreen or handed to the driver. If this is not possible because the vehicle has driven away or the CEO was threatened, then the PCN may be sent by post. Once the PCN has been issued the CEO is unable to retract the PCN.
The PCN must be paid within 28 working days. If the PCN is paid within 14 working days, a discount of 50% is offered and the case closed.
Disputing the Issue of the PCN
There is nothing to preclude the driver / registered keeper of a vehicle, challenging the issue of a PCN at this stage. This may be done in writing via the following methods: - on-line, by email or by post, details stated on the reverse of the PCN.
The Council will consider any mitigating circumstances mentioned in the challenge made by the driver / registered keeper of the vehicle. Wherever possible the driver / registered keeper of the vehicle should supply supporting evidence with their challenge to enable the Council to fully consider the case. This may include such things as:
- Pay & Display tickets, copy of valid permit or proof of cashless parking sessions or virtual permits.
- delivery or collection notes
- garage invoices, AA or RAC reports (in the case of breakdown)
- Doctor or Hospital letters (in the case of illness)
- Police references (in the case of stolen vehicles or arrest of driver)
(This list is not exhaustive and copies of anything that may help support the challenge should be included.)
Having considered the challenge, the Council will reply to the driver / registered keeper’s challenge informing them as to whether the challenge has been accepted or rejected. The Council, once a decision has been made, will fully explain the reason for its decision sent either by email or post.
In cases where the challenge has been accepted the PCN will be cancelled.
In cases where the challenge has been rejected the Council will require payment of the PCN Charge.
If the original challenge is received by the Council within the 14-day discount period the Council will reoffer this facility from the date of its reply letter, however if the challenge was received outside this discount period the Council may require full payment of the charge.
Note: The Challenge of the issue of a PCN at this stage does not prevent the registered keeper of the vehicle making formal representations (either on similar grounds or different grounds) on receipt of a Notice to Owner.
Notice to Owner (NtO)
After 28 days, if the PCN is not paid, the Council will apply to the DVLA for details of the owner / registered keeper. On receipt of this information a Notice to Owner (NtO) may be issued to the owner / registered keeper of the vehicle. This informs the keeper of the outstanding PCN which is payable by them and affords them the opportunity to make formal representations against the issue of the PCN and/or the NtO or to make payment.
Making Representations
There are nine statutory grounds for making representations, which are as follows:
A. The alleged contravention did not occur
B. I was not the owner/keeper of the vehicle at the time of the contravention
C. The vehicle had been taken without my consent
D. We are a hire firm and have supplied the name of the hirer and hire agreement
E. The penalty exceeded the relevant amount
F. That there has been a procedural impropriety
G. The traffic order was invalid
H. The CEO was not prevented from serving the PCN
I. The PCN was paid
It is the responsibility of the person to whom the NtO is addressed (even if they are no longer the registered keeper of the vehicle) to make representations should they wish to dispute the issue of the NtO.
Representations should be made on one of the statutory grounds and can include any mitigating circumstances the owner / registered keeper wishes the Council to consider. The Council is required by law to consider any representations they receive from the owner / registered keeper and to reply to these within 56 days of the receipt of the representations.
The Council must send a letter to the owner / registered keeper either accepting their representations or rejecting them. The letter from the Council must include a full explanation as to the reason for its decision.
The owner / registered keeper should include with any representations any supporting evidence they have (see ‘Disputing the Issue of the PCN’) in order to assist the Council in reaching a decision. It should be noted that failure to include such evidence may affect, or delay, the decision of the Council.
Appealing to the Traffic Penalty Tribunal (TPT)
In cases where the Council reject the representations made by the owner / registered keeper of the vehicle the council will serve a Notice of Rejection (NoR) stating that it may issue a Charge Certificate unless the PCN is paid, or an appeal is made to the Traffic Penalty Tribunal (TPT) for independent adjudication. The NoR will include a pin number along with full details of how to appeal.
An appeal to the TPT is the final stage in the process of challenging a penalty. It is not a continuation of previous correspondence with the Council, but a new process.
An appeal must be made within 28 days against the Council's decision to reject the formal representations against the issue of the NtO.
TPT is a judicial body which is independent of the Council. The parties (the Council and registered keeper) offer evidence for the Adjudicator to consider. The Tribunal does not investigate the matter on its own account but like a court only considers the evidence submitted by both parties (the Council and registered keeper).
A decision is made by an Adjudicator who decides the appeal after considering the applicable law and the evidence presented by both parties.
The Adjudicator’s decision in these cases is final and binding on both the Council and the appellant (owner / registered keeper).
Charge Certificate
After 28 days, if no representations are made, or representations are made and rejected by the Council or an appeal is made subsequently to rejected representations and refused by an adjudicator and no payment is then received, a Charge Certificate (CC) is issued and the amount owed is increased by 50%.
Note: At this stage, the owner of the vehicle has lost any legal right for any challenge or representations to be considered by the Council.
Court Action
If payment is not made within 14 working days of receipt of the Charge Certificate, the Council will apply to the Traffic Enforcement Court (TEC) to register the charge as a civil debt. TEC is a specialist county court, based in Northampton, which only deals with decriminalised traffic contraventions.
TEC will then authorise the Council to issue an Order of Recovery TE3 and Witness Statement TE9 which increases the outstanding charge by £10.00 to cover the cost paid to the Court for registering the debt.
The Order of Recovery will include a form affording the recipient to make a Witness Statement on one of four grounds which must then be returned to the Court.
- I did not receive the Notice to Owner or Penalty Charge Notice
- I made representations about the Penalty Charge to the Enforcing Authority concerned within 28 days of the service of the Notice to Owner but did not receive a Notice of Rejection.
- I appealed against the Local Authority’s decision to reject my Representations within 28 days if service of the notice of rejection but have had no response to my appeal.
- The penalty charge has been paid in full.
Witness Statement Process
The Witness Statement (WS) process is designed to speed the cases through with the objective of either swift resumption of the enforcement process or case closure. The key to the process is for all parties to act promptly, but within the framework of the legislation.
The referral provisions require the WS to be referred to an adjudicator for directions. When considering the case history, the adjudicator has wide powers and will look at the case from all angles. The decision as to what to direct is not confined to the grounds of appeal.
- On receipt of the WS (where the appellant has ticket box 2, 3 or 4) the authority will send a “14 Day” letter to the appellant advising them that they have the opportunity to pay the outstanding amount within 14 days.
- If no payment is received, the authority will refer, as soon as possible, the case to adjudication at TPT.
- The authority will upload sufficient information to enable the adjudicator to issue directions.
- Once submitted the case will be considered by an adjudicator within 3 days of the referral. Having considered the information provided, the adjudicator will direct one of the following:
a. The authority may continue with the enforcement process - the authority will send the adjudicator’s direction to the vehicle owner with a letter explaining what happens next. In accordance with statutory provisions, the direction that the authority may continue to enforce the penalty gives the vehicle owner 28 days to settle the penalty before any further action can be taken.
b. The authority is to close the case. - The adjudicator will provide brief reasons for why the case should be closed. The authority will write to the appellant and will include a copy of the directions.
c. Invite the appellant to join the case to clarify points that they may have made at some point to the authority or indeed on the WS. – once all the information has been provided by both the authority and the appellant the adjudicator will issue a “authority may enforce” or direct the authority to “cancel the PCN.” In either case it is the responsibility of the authority to forward a copy of the directions that the adjudicators may issue.
Issue of a Warrant of Control
If payment is not made, or a Witness Statement is not submitted within 21 days of the receipt of this Notice, an application is made by the Council to TEC for a Warrant to be issued to recover the debt.
TEC then authorise the Council to issue a Warrant of Control. This is valid for one year and a day and is passed to an Enforcement Agent (EA) (formerly known as Bailiffs). The EA will add their charges to the outstanding debt. These are strictly controlled by the Ministry of Justice as are the actions that they can take to recover the debt. Any fees incurred by the EA at this stage are payable by the debtor. After the Warrant is issued, no correspondence or communication will be dealt with by the Council. These should only be directed to the EA. All payments must only be made to the EA.
An application can be made to TEC [email protected] to file a Statement Out of Time/Extension of Time (TE7) for the following reasons
- You request permission to file a Witness Statement TE9 as the date shown on the Order of Recovery has since elapsed or
- You are still within the deadline given on the Order of Recovery; however, you require more time to file the Witness Statement.
Further information on this recovery process can be found at: www.patrol-uk.info