Appealing against a Penalty Charge Notice

If you believe that the Penalty Charge Notice (PCN) you received should not have been issued, or that there are special reasons why it should be cancelled the Procedure for dealing with Representations to a Penalty Charge Notice explains the appeals procedure in more detail.

There is also a list of Higher and Lower Level Contraventions codes (pdf 19.1KB) under which circumstances a PCN will be issued. Please note that these are only codes for which a PCN will be issued in South Bedfordshire District Council.

Below is a summary of the three stages in the appeal process

Stage 1 - Informal Challenge

If you disagree with the Penalty Charge Notice and you wish to challenge the PCN you should write first to South Bedfordshire District Council and send your challenge to Vinci Park Services UK Ltd, PO Box 597, Nothampton NN4 7XN quoting the Penalty Charge Notice Number and giving your full name and full postal address, and tell us why you should not pay the Penalty Charge Notice.

We will not accept the following reasons:-

  • Motorist claims that the lines and signs are not sufficient to indicate Parking Restrictions
  • You had gone to get change for a pay and display machine
  • You had only parked for a few minutes
  • You were not causing an obstruction
  • There was nowhere else to park
  • You had a resident's permit for another vehicle
  • You were not aware of the parking restrictions 
  •  Penalty Charge will not normally be cancelled on the following grounds
  • A Permit holder parked illegally because a space was unavailable
  • Parked at pay and display bay whilst getting change to pay the charge. (Note: The Civil Enforcement Officer's notes should verify that they have checked to see if there was evidence of persons waiting to purchase a ticket.)
  •   Motorist was a Council employee on Council business.
  •  Motorist was a Council employee who was unable to park in their allocated car park 
  •  Age, poverty, disability unless excused on compassionate grounds.

Vinci Park Services Ltd the contractor working on behalf on South Bedfordshire District Council will write back to you and tell you whether your challenge has been accepted or not. Unfortunately, we cannot deal with challenges over the phone.

If your reason is accepted, you will not have to pay the charge and a letter will be sent to you confirming that the Penalty Charge is cancelled.

 Stage 2 - Formal Representation to the Council

If your informal challenge is rejected and you do no pay the charge, you (or the registered keeper of the vehicle) will receive a Notice to Owner. This will tell you that there is a further 28 days to pay the full charge or give you the  opportunity to go through the formal process. The Notice is issued in accordance with the Traffic Management Act 2004. Please send your formal Representation to Vinci Park Services UK Ltd, PO Box 597, Northampton NN4 7XN.

You can then write to us to make formal Representation against the Penalty Charge Notice on the Notice to Owner on the following grounds only:-

  • The alleged contravention did not occur. Please explain why you beleive no contravention took place.
  • Iwas never the owner of the vehicle in question/or I had ceased to be its owner before the date on which the alleged contravention occured/or I became the owner after the date on which the alleged contravention occured. If you bought or sold the vehicle, you must give the new or former owner's name and address of the buyer so that we can contact the new owner. It is not acceptable to simply say the vehicle was sold to someboby else without proof. Proof that you have cancelled or changed insurance may help us to decide.
  • The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner. Send details of crime reference number and the name of the police station to which the crime was reported or a letter from the insurance company. 
  • We are a vehicle-hire firm and the vehicle was on hire under a hiring agreement and the hirer had signed a statement acknowledging liability for any PCN issued during the hiring period. The hiring agreement must be one which contained certain prescribed particulars. Please send copy of signed hire agreement. 
  •  The penalty charge exceeds the amount applicable in the circumstances of the case. Penalty charges are fixed by law; and the penalty you are required to pay is the wrong amount. 
  • There has been a procedural impropriety by the enforcement authority. The council has failed to comply with any requirement imposed by the Traffic Management Act 2004, by the Civil Enforcement of Parking Contraventions(England) Representations and Appeals Regulations 2007 or by the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Regulations. 
  • The Order which is alleged to have been contravened in relation to the vehicle concerned is invalid. The council had not followed the proper legal steps in making the order. Please note that this ground will not apply in respect of a provision in an Order to which Part VI of schedule 9 to the Road Traffic Regulation Act 1984 applies.
  • The penalty charge notice was served by post because the council say the civil enforcement officer was prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle, but this did not happen. This cannot apply where the penalty charge was issued by post following camera detection or because the vevicle was driven away. (South Bedfordshire District Council have adopted the powers but are currently not enforcing).
  • The Notice should not have been served because the penalty charge had already been paid:        (i) in full; or (ii) at the discounted rate set in accordance with Schedule 9 to the Traffic Management Act 2004 Act and within the time specified in paragraph 1(h) to the Civil Enforcement of Parking Regulations(England) General Regulations 2007 (After 31/03/08)
  • Other Grounds
  • Additional reasons where the Penalty Charge Notice may be cancelled are
  • The vehicle was broken down. An independent receipt/report for work carried out should support this. E.g. ( AA, RAC or similar). 
  •  The vehicle was legitimately loading/unloading. A receipt or the relevant paperwork should support this. 
  •  Production of a valid pay and display ticket/season ticket/residents permit for the relevant contravention (first contravention only). 
  •  Production of a valid Blue Badge (first contravention only). 
  •  There are compelling, mitigating or compassionate grounds depending on circumstances and supporting evidence

Where representations are made on any one of the above grounds, and are substantiated to the satisfaction of the Authorised Officer, the Penalty Charge Notice shall be cancelled.

Stage 3 - Appealing to the Independent Parking Adjudicator

Appealing against a PCN can only be taken through Traffic Penalty Tribunal (TPT) once you have gone through all of the above processes and you have received your Notice of Rejection of Representations and the appeal form from South Bedfordshire District Council.

You do not have to produce evidence, but may do so if you think it will help your appeal. Evidence might include photographs; pay and display tickets; maps; plans; delivery notes; letters or statements from witnesses

There is no fee for appealing. If you do not appeal now you will have no further chance to challenge the penalty. You have only a limited time to appeal. The Tribunal must receive this form before the end of the period of 28 days starting from when you receive the Notice of Rejection from the council. You deemed to have received it 2 working days after the date of the Notice of Rejection.

Costs are seldom awarded and the sums involved are modest. Costs may be awarded only if the Adjudicator decides that a party has behaved frivolously, vexatiously or wholly unreasonably. There is more information on the Tribunal website www.trafficpenaltytribunal.gov.uk

Send the Traffic Penalty Tribunal appeal form to (Not the Council)

Traffic Penalty Tribunal
Barlow House
Minshull Street
Manchester M1 3DZ
Telephone:0161 242 5252
Fax:0161 242 5265

email info@trafficpenaltytribunal.gov.uk

For any complaints about a Fixed Penalty Notice issued by the police please contact

Central Ticket Office
Bedfordshire Police
Saxon Centre
Kempston
Bedford
MK43 9AX