Grounds for appeal - notice to owner form
The grounds allowed for statutory representation (meaning to make a formal challenge to a PCN) are prescribed by law. These are shown on the Notice to Owner which will be sent to the vehicles registered owner if a Penalty Charge Notice is not paid within 28 days of issue.
The grounds on which statutory representations may be made are:
a) That the alleged contravention did not occur;
b) The recipient:
i. never was the owner of the vehicle in question
ii. had ceased to be its owner before the date on which the alleged contravention occurred, or
iii. became its owner after that date.
Where a recipient makes representations under (ii) or (iii) above, he or she is legally obliged to include a statement of the name and address of the person to whom the vehicle was disposed of (or from whom it was acquired, as the case may be), if that information is in the recipient's possession.
c) That the vehicle had been permitted to remain at rest in contravention of decriminalised parking controls by a person who was in control of the vehicle without the consent of the owner.
d) That the recipient is a vehicle-hire firm and:
i. the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement, and
ii. the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;
e) That the penalty charge exceeded the amount applicable in the circumstances of the case.
f) that there has been a procedural impropriety on the part of the enforcement authority;
g) that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act) applies, is invalid;
h) that the Notice to Owner should not have been served
i. the penalty charge had already been paid in full;
ii. the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.
There are no grounds for making statutory challenges where the vehicle owner acknowledges that a contravention occurred but argues that there were extenuating circumstances. Vehicles parked in contravention can cause severe disruption or danger and you would be expected to park legally. However, the Council will consider such cases on their merits. In this instance the need to show flexibility in dealing with exceptional cases will be balanced against the need to enforce parking controls firmly in the wider public interest.
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