Grounds of Appeal - Parking
These are the only grounds on which you may appeal against a
Penalty Charge Notice.
- The contravention did not occur
For example, the parking restrictions
were not properly signed, the vehicle was exempt from the regulations or where a vehicle
was allegedly displaying a valid permit, ticket, badge etc
- The vehicle
was parked by someone in control of it without my consent
For example,
the vehicle was improperly parked after being stolen.
- I was not the owner
at the material time
For example, the vehicle was sold before, or bought
after, the contravention occurred. You MUST supply the full name and address of the buyer or seller if you have it. Please note that under The Road Traffic
Act 1991 the owner, not
the driver, is normally liable for the penalty charge. See Owner Liability.
- We are a hire firm
and have supplied the name of the hirer
This applies only to hire firms
where there is a qualifying hire agreement for less than 6 months and the hirer has signed a statement accepting liability for penalty
charges. You will be expected to supply the
name and address of the hirer and a copy of the hire agreement.
- The penalty exceeded the amount applicable in the circumstances
of the case
For example you are being asked to pay the wrong amount for
the penalty charge, no penalty charge notice was issued or the Notice to
Owner was served
on you more than six months after the alleged contravention took place. Authorities
can sometimes have longer than this period, for example where there was a
delay in obtaining your details from the DVLA or a Statutory Declaration
has been made.
- The relevant traffic order was invalid
This only applies if the authority’s
regulations are legally defective.
-
The parking attendant was not prevented from serving the Penalty Charge Notice
This only applies to a Penalty Charge Notice sent through the post where the local authority claims that someone prevented the parking attendant from serving a Penalty Charge Notice at the scene.
.
