Challenging a Penalty Charge Notice (
PCN
)
A Civil Enforcement Officer will issue a
PCN
when a vehicle has parked in
contravention of the parking regulations.
If you wish to challenge the issue of the
PCN
, you should not pay the charge,
but should write to:
Parking Services
Neighbourhood Services Department
South Lakeland District Council
South Lakeland House
Kendal
LA9 4DH
Fax: 01539 737672
Alternatively you can complete our
on-line challenge
form
As processing of a
PCN
may lead to a debt being
registered at the County Court, which is a legal matter,
The Traffic Management Act 2004 has established that you
can only challenge a
PCN
in writing.
In your written submission, you must state the
PCN
number beginning SC, and your
name and address. Please state your case clearly and
simply. You do not need to return the
PCN
. Any supporting evidence
can be stapled to your letter e.g. pay-and-display ticket, but it
is better to send copies and not the originals.
You should write in within
14 days of receiving
the
PCN
. If a challenge
is not received within 14 days the full charge rate of up to £70.00
will apply
It is the registered owner not the driver who is legally
responsible for payments or appeals against PCNs. Therefore, the
registered owner of the vehicle should write to us to contest any
parking tickets that the vehicle receives if they so choose.
For an independent overview of the issuing of Penalty Charge
Notices and the appeals' process, please go to the website
www.patrol-uk.info
What happens after a challenge is received
The case is put on hold while we consider your challenge but we aim
to reply within 5 working days. If your challenge is
successful, we will cancel the
PCN
and write to inform you of
this.
If your challenge is rejected, we will write to you and allow
you 14 days from the date of our reply to pay the reduced charge of
50% of the original
PCN
charge. Information will also be given in the letter about
appealing further.
Although we understand that you may be upset or annoyed at
receiving a
PCN
, we can
only cancel a ticket when it is reasonable or justifiable to do
so.
What happens if the case remains upaid
If the case remains unpaid, we will send the registered keeper
of the vehicle a Notice-To-Owner (
NtO
) document approximately 28 days after
issue of the PCN. A
NtO
document provides a final chance to appeal to the Council.
If your appeal is successful, we will cancel the
PCN
and write to confirm this.
If your appeal is rejected by the Council, we will send you a
Notice of Rejection letter and an Appeals' form in order for you to
take your case to the Traffic Penalty
Tribunal (
TPT
)
if you do not wish to pay.
The Traffic Penalty Tribunal is an independent
organisation where a lawyer will examine your case. There is no
charge for their service. You can opt to appeal to the
Tribunal by a telephone hearing, by post or in person (at a
location convenient to you). The decision by the
TPT
is final and binding on
both sides.
The Tribunal website is
www.trafficpenaltytribunal.gov.uk
If you lose your appeal or do not pay the Notice To Owner
If you lose your appeal or do not pay the
NtO
, approximately 28 days after we have
sent you the
NtO
document, we
will send you a Charge Certificate (CC) asking you to pay an extra
50% in addition to the full price. You have no further right to
appeal at this stage.
If you do not to pay to settle the case we will register
the charge as a debt at the Traffic Enforcement Centre. If the case
remains unpaid. the debt is placed with Certificated Bailiffs who
will take responsibility for collecting the debt owed to the
Council. The Bailiffs will add on their own charges.
See Frequently Asked Questions for
more information