Challenging and appealing against a parking charge
Please note that all PCN enquiries and challenges/representations must be made in writing.
Challenges and Appeals
You cannot challenge your PCN by telephone, you will need to do one of the below;
- complete the Parking Charge Appeal Form
- write a letter to the address on the Penalty Charge Notice
- visit the Council Offices for assistance in completing an appeal form
Who is legally responsible for a Penalty Charge Notice?
The registered keeper/owner is legally responsible even if they were not the driver at the time of the contravention.
This is an informal challenge.
This would be responded to by the Parking Services Team at Teignbridge District Council prior to the formal identification of the registered keeper of the vehicle.
The first stage challenge must be received in writing via the Parking Charge Appeal Form or by letter to the address on the Penalty Charge Notice within 14 days of the date of issue of the Penalty Charge Notice (please see "contact details").
It is essential that as much information and evidence as possible is provided. If your challenge is rejected at this stage you will be given the chance to pay the Penalty Charge Notice or await the Notice to Owner and make a formal representation. Please note that if you challenge within 14 days of the date of issue of the Penalty Charge Notice the council usually re-offer the discount for a further 14 days of the date of issue of the Penalty Charge Notice to Owner (NTO) to the registered keeper. This will be sent at least 28 days after the service of the Penalty Charge Notice.
Please note: if you choose not to make payment and await the issue of a Notice to Owner to make a formal representation, the opportunity to pay the penalty charge at the reduced rate will not be available and the full amount will be required.
Notice to Owner
A Notice to Owner is a document produced after Teignbridge District Council has contacted the Drivers Vehicle Licensing Agency (DVLA) to confirm the identity of the registered keeper of the vehicle. This notice will confirm to the registered keeper that the penalty charge amount is still outstanding and will also provide details of the available options. The registered keeper can pay the amount owed, or they have the right to make a formal representation contesting the Penalty Charge Notice. Details on how to do this are provided on the Notice to Owner.
This is a Formal representation.
A Notice to Owner will be sent out and this requires a formal response.
This again will also receive a response by the Parking Services Team at Teignbridge District Council.
If the formal representation is rejected at this stage the registered keeper will be sent a Traffic Penalty Tribunal "Notice of Appeal" form with the letter of rejection or NtO. This provides the opportunity to appeal to an independent adjudicator whose decision is final and binding on both parties. If you wish to appeal the rejection decision this form must be used to make the appeal within 28 days.
This is an Appeal to the Traffic Penalty Tribunal.
If your formal representation is rejected, a form is also sent which will give details on how to appeal to the Independent Traffic Penalty Tribunal
If the appeal to the Traffic Penalty Tribunal is unsuccessful, the registered keeper will be required to pay the outstanding penalty charge within 28 days of receiving written confirmation of the adjudicator's decision.
If payment is not received within this timescale a Charge Certificate will be issued to the registered keeper which increases the amount due by 50% and requested to make payment within 14 days. There is no further right to appeal at this stage.
If payment is still not made, the unpaid Charge Certificate is registered as a debt at the Traffic Enforcement Centre (TEC) (Northampton County Court) and a sum to cover Court costs is added at this stage. An Order for Recovery will be posted as notification.
If the debt is not paid or a witness statement made within 21 days, Teignbridge District Council may apply to the court for a Warrant of Execution, which authorises recovery of the unpaid amount using bailiffs which will result in the additional costs of bailiff fees.
The Traffic Penalty Tribunal website http://www.trafficpenaltytribunal.gov.uk provides information for motorists and vehicle owners about 'The Right of Appeal', 'Grounds of Appeal' and 'The Appeal Process'.
A witness statement is a statement by the person against whom the debt has been registered. The appropriate form is issued by Teignbridge District Council when sending out the Order for Recovery as notification that the unpaid Charge Certificate has been registered at the court.
A witness statement is only made if:
- the penalty charge was paid in full within 28 days - details and proof must be provided of the date of payment, the method of payment etc.
- the Notice to Owner was not received
- a representation was made to Teignbridge District Council and a reply was not received within 28 days
- an appeal was made to the Traffic Penalty Tribunal against Teignbridge District Council's decision to reject your representation within 28 days but no response was received to the appeal.
Please note: proceedings for contempt of court may be brought against you if you make or cause to be made a false statement of truth without an honest belief in its truth.
If after reading the guidance you still wish to challenge the PCN please Contact Parking Services