If we reject a formal representation you have made against the Notice to Owner (NtO), you have 28 days from the service of the ‘Notice of Rejection’ to make an appeal to the Independent Traffic Penalty Tribunal.
About the Traffic Penalty Tribunal
The Traffic Penalty Tribunal is an independent tribunal whose impartial, independent adjudicators consider appeals by motorists and vehicle owners who have been issued with Penalty Charge Notices (PCNs) by Councils that are enforcing under the Traffic Management Act 2004. The adjudicator will consider the appeal and make a decision that is binding on both you and the Council.
Further details of the adjudication service and how to appeal are available on the Traffic Penalty Tribunal website.
Making an Appeal
Your Notice of Rejection will contain instructions on how to make an appeal online, or by post if you are unable to appeal online. Your appeal should be made within 28 days from the service of the Notice of Rejection. Making an appeal to the Traffic Penalty Tribunal is free.
An appeal can be made on any one or more of the eight statutory grounds:
- 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
In addition, whether or not any of these grounds applies, if you believe there are compelling reasons why you should not pay the penalty charge you may also explain those reasons.
Further information regarding the civil parking enforcement procedure is also available on the Parking and Traffic Regulations outside London (PATROL) website.
If the adjudicator concludes that one of the statutory grounds applies, they must allow the appeal and will direct the Council to cancel the penalty. The adjudicator has no power to allow the appeal unless one of the statutory grounds applies. However, even if none of the statutory grounds applies, the adjudicator may make a recommendation to the Council if there are other compelling reasons why the penalty should be cancelled.
There are three ways your case can be decided:
- Without a hearing – where the adjudicator will decide your case based on written submissions from both you and the council
- Telephone hearing
- Face to face hearing – you may indicate a preferred venue.
Further information about hearings can be found on the Traffic Penalty Tribunal website.
The adjudicator has the power to award costs if he/she decides a party has behaved frivolously, vexatiously or wholly unreasonably. Costs are seldom awarded and the sums involved are modest.
If you decide not to appeal, the other options are:
If you do nothing in response to the Notice of Rejection, 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.