Even if an informal challenge has already been rejected, the registered keeper can make a formal representation after receiving the ‘Notice to Owner’ (NtO).
The NtO details the grounds on which you can make a representation. The recipient of the NtO has 28 days from its service to make a representation to the Council. Please note that if an NtO is posted first class the document is normally deemed to have been served on the second working day after the day of posting. We will not disregard representations received after the expiry of the time limit where evidence (for example a postmark) indicates that the representations were made within the 28 day period.
You can make your representations on the space provided on the NtO document and return it to Parking Services. Alternatively, you can use the online challenge form or send a letter to Parking Services, North Hertfordshire District Council, PO Box 10613, Nottingham, NG6 6DW. If you are sending a letter, please include the Penalty Charge Notice (PCN) number and your name and address.
Grounds for Making a Representation
There are eight main legal grounds for making a representation:
- The alleged contravention did not occur
- The vehicle was taken without my consent
- I was not the owner at the time the contravention occurred
- We are the hire firm and have supplied the name of the hirer
- The penalty exceeded the amount applicable in the circumstances of the case
- The Traffic Regulation Order which is alleged to have been contravened in relation to the vehicle concerned is invalid
- There has been a procedure impropriety by the Council
- The penalty charge has already been paid
There will be occasions where there are mitigating circumstances which are not covered by the specified grounds for making a representation. We will consider all mitigating circumstances that are raised. Further information about representations can be found on the PATROL website.
There is a legal requirement for the Council to reach decisions within a 56 day period beginning with the date that we receive your representations. If we fail to respond within the 56 day period the NtO and PCN will be cancelled. Our aim is to reply to representations within 28 days but some cases may require further investigation.
If we accept your representation, a Notice of Acceptance will be sent to you.
If we reject your representation, a Notice of Rejection will be sent. The Notice of Rejection will explain why the representation has been rejected and will address any points you have made in your representation.
The Notice of Rejection will contain information about how to appeal to the Independent Parking Adjudicator should you wish to do so.
If you decide not to make formal representation against the PCN, the other options are:
If you do nothing in response to the NtO in the time allowed, a Charge Certificate may be sent to the registered keeper. This will increase the amount of penalty charge by a further 50%. Once a Charge Certificate has been issued, representations may only be considered in special circumstances.