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Notice of Appeal (pcn issued by post)

This is the form which the Enforcement Authority should send with their Notice of Rejection for a pcn issued by post

It is basically a four sided form where you give details and the grounds on which you would like to appeal.

 

The grounds of appeal are the same as for making representations:
The grounds upon which you may make representations are:

•    That the alleged contravention did not occur – this is the most frequent ground and includes,    incorrect signage and lineage,  incorrectly completed Penalty Charge Notice, if you were not illegally parked, if the vehicle was exempt from the regulations, if you were loading where permitted, where the vehicle was correctly displaying a permit or pay and display ticket etc.

•    you were not the owner of the vehicle at the relevant time – for example you had sold it.

•    the vehicle was parked by someone in control of it without the owner’s consent – for example it was stolen.

•    the vehicle is owned by a hire firm who have supplied the name and address of the hirer;

•    the penalty exceeded the amount applicable in the circumstances of the case – it may be that you are asked to pay the higher fine for a contravention which carries the lower penalty

•    there has been a procedural impropriety on the part of the Enforcement Authority – for example the penalty charge notice not served within 28 days.

•    the Traffic Order allegedly contravened is invalid;

•    the civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.

•    the penalty charge has already been paid.
The Adjudicator can ONLY allow an appeal if one of these grounds applies. Adjudicators CANNOT allow appeals for other reasons, e.g. mitigating circumstances, although they can refer the matter back to the Enforcement Authority for reconsideration if those reasons are compelling and the adjudicator believes that the enforcing authority did not discharge their duty to consider them.

Remember, if the penalty charge is not paid or an appeal is not made within the 28 days allowed, the Enforcement Authority may issue a charge certificate.

 

Next: Charge Certificate

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