In exceptional circumstances, however, the decision an Adjudicator has made can be looked at again if the authority applies to have the decision reviewed. But knowing what your options are if you have and making an informed decision Signs, signals and lines on the road are regulated by the Government’s Department for Transport (DfT) through the Traffic Signs Regulations and General Directions 2016. No form of evidence is necessarily better than another and you should always provide as much information as you can – however you are able to provide it to us. There are differences in the legislation underpinning traffic enforcement in England (outside London) and Wales. RECOMMENDATIONS 2.1 That Members note the changes that would be required to the delivery of Appellants who wish to submit an appeal to their traffic offences are advised to do so through the e-Service. it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the hirer. Bus Lane Orders are made using powers under the Road Traffic Regulation Act 1984. There are four different classes (types) of Clean Air Zone, which are lettered A to D. The class of a zone relates to the type of vehicles that are charged for entering the zone, as follows: National and local exemptions to paying a clean air zone charge apply. If a Parking Penalty Charge Notice (PCN) is not paid within 28 days of being issued, or an Informal Challenge made against the penalty was unsuccessful, the local authority will issue a Notice to Owner (NtO)* to the Registered Keeper of the vehicle. Parking Appeals (England) – Grounds of Appeal, The penalty exceeded the amount that applied in the circumstances, The relevant Traffic Regulation Order (TRO) is invalid, There has been a procedural impropriety by the authority, The PCN was sent by post because the authority claims the Civil Enforcement Officer (CEO) was prevented from putting it on the vehicle or handing it to the driver. Adjudicators are wholly independent from the authority that issued the PCN they are deciding the appeal against. If a motorist sells a vehicle and fails to complete the relevant part of the vehicle registration document (V5C / ‘log book’), they may receive enforcement documents relating to a PCN that are meant for the previous keeper. A Bus Lane Penalty Charge Notice (PCN) is a document issued by a local authority to a motorist, detailing an alleged contravention of its traffic restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. For parking PCNs issued on or after 31 March 2008, the Regulations based on the Traffic Management Act 2004 apply. For example: This ground applies only to qualifying formal hire agreements, where the hirer has signed an agreement accepting liability of penalty charges issued during the hire period. A Bus Lane is an area of a road, restricted by a local authority Traffic Regulation Order (TRO), which only buses and selected classes of vehicle (e.g. However,  they are enforcing dropped kerbs with single yellow lines at any time. The legislation that allows for civil traffic enforcement – including parking, bus lane, littering from vehicles and (in Wales only) moving traffic and Road User Charging Schemes is largely derived from the Traffic Management Act 2004 and Transport Act 2000, as well as regulations made under the two Acts. Explain clearly why you are submitting an appeal in as much detail as possible. File a Witness Statement (TE9) to the Traffic Enforcement Centre by the date shown on the TE3 on one of the following four grounds: 1. 52.1 (1) The rules in this Part apply to appeals to – (a) the civil division of the Court of Appeal; (b) the High Court; and (c) the County Court. The NtO confirms that the PCN is outstanding, the amount that needs to be paid and the details of the location, time and contravention that the PCN relates to. the authority did not respond to your challenge, or responded too late. that issued your PCN and have received a, Notice of Rejection (NoR) of Representations. ii) The duty of securing the expeditious, convenient and safe movement of traffic is not given primacy but is a qualified duty which has to be read with the factors in section 122(2) , such as the effect on the amenities of the area and, in the context of making a traffic regulation order, with the purposes for this identified in section 1(1) of the Act; Some of their dropped kerbs have double yellow lines across, so it is very clear to a motorist that they must not obstruct at any time. Download the PCN contravention codes 2016 document on the right of this page. The charging authority for the scheme is the Secretary of State for Transport. Examples of possible contraventions include turning into a road where a ‘banned turn’ is in place or driving into a yellow box junction when the exit is not clear. Evidence can also be shared through the Messaging and Live Chat applications within the online system, as well as by email. Some specific purposes for which TROs are used are listed in sections 1.2-1.5 of this paper. you sold it before, or bought it after, the date of the. When submitting an appeal to the Traffic Penalty Tribunal, you are invited to provide any information that helps you to explain the circumstances of what happened or why you think you should not have received a Penalty Charge Notice (PCN). If your vehicle is in a parking bay it cannot be towed unless 15 minutes have elapsed. The legislation that allows for civil traffic enforcement – including Parking, Bus Lane, Moving Traffic and Road User Charging Schemes is largely derived from the Traffic Management Act 2004 and Transport Act 2000, as well as regulations made under the two Acts. The NtO will also include details of how to make representations against the PCN, if you do not believe you should have received it. An alleged contravention to the restrictions is recorded in person by a Civil Enforcement Officer, or via a video camera. A PCN is registered as a debt and an Order for Recovery sent if that PCN has not been paid 14 days after the receipt of a Charge Certificate from the local authority or charging authority that issued the PCN. 2 Check: General grounds for appeal If payment of the daily clean air zone charge/s is not made on time, a Penalty Charge Notice (PCN) will be sent to the Registered Keeper of the vehicle that entered the zone. The civil enforcement of traffic restrictions by a local authority or charging authority – including the representations process – is provided for and regulated by various pieces of legislation. A Littering from Vehicles Penalty Notice (PN) is a document issued by a local authority to a motorist, detailing an alleged contravention of the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018. An Order for Recovery details how the outstanding PCN amount (and the £8 fee) should be paid, and by what date. Residential property tribunals deal with appeals against the refusal by a local housing authority or housing association to allow a tenant to buy their home on the grounds that the property is particularly suitable for occupation by elderly persons, applications for and appeals against empty dwelling management orders, and appeals against various other types of housing orders and notices. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. A Charge Certificate increases the amount of a Penalty Charge Notice (PCN) by 50% and is issued to the Registered Keeper of the vehicle the PCN relates to, 28 days after, either: *Some authorities may still accept representations, but this will be at their discretion. A Merseyflow PCN document will include details of: The Road User Charging Scheme in place, including how PCNs can be enforced by Halton Borough Council, is provided for and regulated by various pieces of legislation. If you make representations to the local authority or charging authority that issued your Penalty Charge Notice (PCN) – explaining why you think you should not have received the PCN – that authority will either accept or reject your challenge. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. Based on these grounds (see list below), a Traffic Penalty Tribunal Adjudicator could instruct the authority to cancel the PCN and refund money in relation to the removal / tow of the vehicle. Traffic Management Act 2004 Part 1 2. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. Appeals are decided by an Adjudicator, who determine whether a motorist is liable to pay the PCN, based on the facts of the case and evidence submitted by the two parties: the appellant and authority. The NoR should detail and explain the reasons why the representations were unsuccessful and provide information on how to either pay the PCN or appeal further to the Traffic Penalty Tribunal. The Warrant of Execution authorises the outstanding amount (which may include further costs incurred as a result of enforcement action) to be recovered by a Bailiff / Civil Enforcement Agent. 2. This is presumed to be the Registered Keeper of the vehicle, unless proven otherwise. A telephone payment service is also available on 0300 029 888 (lines open Monday to Friday, 8am to 4.30pm). If the vehicle was removed, no PCN was fixed to the vehicle or handed to the driver. A Dart Charge PCN document will include details of: The Road User Charging Scheme in place, including how PCNs can be enforced by the Secretary of State for Transport, is provided for and regulated by various pieces of legislation. 1 Check: Specific grounds for appeal for this contravention (below on this page) Penalty charges are: £70 (£35 if paid within 14 days) for major offences. the date and time of the crossing that was not paid for, as well as the location and a photograph of the vehicle. Documents can be sent to our office address to be added to your case file by our Customer Support team. There has been a procedural impropriety by the authority. The alleged contravention is observed and recorded in person by a Civil Enforcement Officer. This is accompanied by guidance for authorities found within the Traffic Signs Manual. It could apply, for example, to a vehicle taken by ‘joy riders’. Vehicles that are liable to pay must pay for each days’ entry into the zone either in advance of entering or by 11.59pm on the sixth day after entering the zone. These parking penalties are not treated as criminal offences. Unsure which ground The Moving Traffic PCN document will include details of: The document will also include instructions on how to pay the penalty charge or challenge it. If payment of the road user charge for entering the zone is not made on time, a Penalty Charge Notice (PCN) will be sent to the Registered Keeper of the vehicle that entered the zone. A uniformed officer employed by or on behalf of a local authority to issue Penalty Charge Notices (PCNs) for vehicles contravening parking or littering from vehicles (Penalty Notices will be issued) restrictions. The final stage of challenging a Penalty Charge Notice (PCN) issued by local authorities and charging authorities in England (outside London) and Wales. the appeal was 'lost'). If a Penalty Charge Notice (PCN) remains unpaid, even after being registered as a debt at the Traffic Enforcement Centre at the Northampton County Court, which will have issued an Order for Recovery, a request can be made by the local authority or charging authority for the outstanding amount to be recovered by a Bailiff (now commonly known as Civil Enforcement Agents). Includes details of example cases won. Our parking regulations follow the Traffic Management Act 2004. TRAFFIC MANAGEMENT ACT 2004 – PART 6 1. The civil enforcement of parking by a local authority – including the issuing of NtOs – is provided for and regulated by various pieces of legislation. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. A Penalty Charge Notice (PCN) can be paid at a 50% reduced / discounted rate if the charge is paid within 14 days of the PCN being issued. The charging authority for the scheme is Bath & North East Somerset Council. In England, parking contraventions are enforced under the Act*; while in Wales, parking, bus lane and moving traffic contraventions are enforced.*. The authority can take this option by applying to review the decision. One of the two parties to an appeal against a Penalty Charge Notice (PCN) – the other being the local authority or charging authority that issued the PCN. The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. Grounds of Appeal are specific reasons, as set out in legislation, upon which a Traffic Penalty Tribunal Adjudicator can instruct an authority that has issued a Penalty Charge Notice (PCN) to cancel it. the appeal was ‘won’). A Parking Penalty Charge Notice (PCN) is a document issued by a local authority to a motorist, detailing an alleged contravention of its parking restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. The civil enforcement of traffic restrictions by a local authority or charging authority – including the issuing of Charge Certificates – is provided for and regulated by various pieces of legislation. Most councils have the power to enforce parking penalties under the Traffic Management Act 2004. The information included with the PCN will also contain the statutory Grounds of Appeal that apply to the PCN received. Drawings and diagrams to explain a situation. A legal document issued by the Traffic Enforcement Centre at the Northampton County Court to the Registered Keeper of a vehicle if a Penalty Charge Notice (PCN) remains unpaid, even after being registered as a debt (and an Order for Recovery has been issued). If the PCN is challenged by making representations to the authority that issued it (or by first making an Informal Challenge in the case of Parking PCNs), the authority will usually hold the PCN at the discounted rate, pending the challenge being decided. However, there are many kerbs within Westminster and also other boroughs, which have a single yellow line across them. Details on how to make an Informal Challenge will be printed on the back of the PCN when attached to the windscreen of the vehicle or handed to the driver by a Civil Enforcement Officer. If the outstanding PCN and debt registration fee are not paid, or a Witness Statement / Statutory Declaration form sent to the Traffic Enforcement Centre, a Bailiff / Civil Enforcement Agent will be contacted to recover the money owed. Traffic restrictions (as detailed in Traffic Regulation Orders [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]) are identified on a carriageway to motorists by signs, signals and road markings / lines. The Traffic Management Act 2004 enables authorities with civil parking enforcement power to enforce, in a special enforcement area [footnote 11], … The alleged contravention is detected and recorded by a video camera. Our online appeals management system allows you to upload a large range of evidence directly to your online case file, either when first submitting an appeal or when it is in progress. You did not receive the Notice to Owner. This means the authority has not complied with the relevant regulations. In order to protect your 14 day 50% discount period, your written initial challenge needs to be received by us within the first 14 day… The penalty; or vehicle release; or storage charge exceeded the amount that applied in the circumstances. Unsure which ground applies to your case? Restrictions are identified by signs and lines on the carriageway. Once an Informal Challenge has been submitted, any further enforcement of the PCN is normally placed on hold until a decision on the challenge has been made by the authority. Get the information to appeal against your PCN! Instead of informing a street authority about its The Service continues to provide this support under the Traffic Management Act 2004 and, since 2003, to the Road User Charging Adjudicators. These are the only grounds - or reasons - on which you may appeal against a moving traffic Penalty Charge Notice. The Bath Clean Air Zone is a Road User Charging Scheme in place for certain vehicles travelling into the city centre of Bath, with the aim of reducing pollution and improving air quality. a description of the alleged contravention, the location and often a photograph. Summary 1.1 The Traffic Management Act 2004 (TMA 2004) proposes changes to parking enforcement. Charging Authority is the name given to the authority that operates a Road User Charging Scheme, as provided for by the legislation that applies to that scheme. The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. The Durham Road User Charge Zone is a Road User Charging Scheme in place for vehicles entering the Durham city centre peninsula. The Parking PCN document will include details of: The document will also include instructions on how to pay the penalty charge or make an Informal Challenge and / or representations against it. Payment of the road user charge can be made online at the Dart Charge website, by phone or in person at a Payzone outlet. 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