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traffic management act 2004 grounds for appeal

The final stage of challenging a Penalty Charge Notice (PCN) issued by local authorities and charging authorities in England (outside London) and Wales. 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. Bus Lane Orders are made using powers under the Road Traffic Regulation Act 1984. the date and time of the zone entry that was not paid for, as well as the location and a photograph of the vehicle, Vehicle documentation (e.g. 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 Charging Authority operates the scheme and can enforce payment of a Penalty Charge Notice (PCN) for failure to pay the charge that the scheme relates to. Download the PCN contravention codes 2016 document on the right of this page. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. 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. Appellants who wish to submit an appeal to their traffic offences are advised to do so through the e-Service. * Please note: If the PCN was originally issued through the post (not to the windscreen of the vehicle), no Notice to Owner will be sent. Restrictions are identified by signs and lines on the carriageway. From 31 March 2008 there is a legal requirement to follow the parking enforcement framework contained within Part 6 of the Traffic Management Act 2004. We aim to respond to all correspondence within 20 days. it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the hirer. If you receive a Parking Penalty Charge Notice (PCN) and don’t think you should have to pay it, you can make an Informal Challenge to the local authority that issued it. 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. When a vehicle does not comply with the traffic restrictions (as detailed in Traffic Regulation Orders [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]) that are in place on the road it is used or kept on. of a social media conversation). Get the information to appeal against your PCN! 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 charging authority for the scheme is the Secretary of State for Transport. Representations must usually be made within 28 days of a PCN being received (or, in the case of PCNs issued for parking contraventions to the windscreen of a vehicle or handed to the driver, within 28 days after receiving a Notice to Owner in the post). An Order for Recovery details how the outstanding PCN amount (and the £8 fee) should be paid, and by what date. From the date you receive a NTO you have 28 days to submit your representation. you sold it before, or bought it after, the date of the. 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. 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. Of course, dropped kerbs required for pedestrian access should always have double yellow lines across where they are located in a controlled parking zone. the authority did not respond to your challenge, or responded too late. Explain clearly why you are submitting an appeal in as much detail as possible. The legislation that allows for civil traffic enforcement by a local authority or charging authority– including the issuing of PCNs and the right to appeal to an independent Adjudicator – is largely derived from the Traffic Management Act 2004 and Transport Act 2000, as well as regulations made under the two Acts. 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 grounds for appeal are the same as for appeals directly to the council. Local authorities have a duty to tackle dangerous parking and the Traffic Management Act 2004 allows councils to enforce parking contraventions by CCTV camera in problem areas. Unsure which ground applies to your case? Westminster City Council in London is one of those enforcing dropped kerbs. The Act has been implemented from 1 April 2008 across the United Kingdom. Restrictions relating to Bus Lanes are detailed in Traffic Regulation Orders and are often subject to specified time periods. The Registered Keeper – according to details registered with the Driver and Vehicle Licensing Agency (DVLA) – may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. However, whilst we agree that it is wrong to block dropped kerbs, we also think that it is very wrong for local authorities to enforce dropped kerbs where road markings and signs indicate that you may in fact park across it. You should explain clearly why you are appealing and as much detail on the circumstances as possible, which the Adjudicator will consider. Road User Charging Schemes that the Traffic Penalty Tribunal decides appeals for include: An Act of Parliament that allows for the civil enforcement, by local authorities in England (outside London) and Wales, of contraventions against parking and other traffic restrictions. Payment of the road user charge can be made online at the Dart Charge website, by phone or in person at a Payzone outlet. Included with an Order for Recovery (issued by the Traffic Enforcement Centre at the Northampton County Court) relating to an unpaid Penalty Charge Notice (PCN), a Witness Statement form or Statutory Declaration form (if related to a Bus Lane PCN) is a legal declaration to state why a PCN should not have been registered as a debt. If the Adjudicator agrees that you have compelling reasons why the penalty should not be paid, they may make a recommendation to the authority that they cancel the PCN. Choose from the Clean Air Zone locations below to view specific information relating to that zone, including the charging conditions that apply and how to challenge or appeal a penalty charge. The fact that another person was driving the vehicle does not affect the Registered Keeper’s liability for any PCN. By enforcing dropped kerbs with single yellow lines, Westminster Council and others are, in our opinion,  enticing motorists to park on a Sunday and after 6.30pm in the evening because a single yellow line indicates that a motorist may park. The administration of traffic restrictions to aid the management of roads by a local authority or charging authority, including the issuing and enforcement of Penalty Charge Notices (PCNs) for vehicles in contravention of those restrictions (as detailed in TROs [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]). 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. The civil enforcement of parking by a local authority – including the issuing of NtOs – is provided for and regulated by various pieces of legislation. There are special rules that apply to the enforcement of a PCN in relation to hire vehicles. A Moving Traffic PCN is then sent through the post to the Registered Keeper of the vehicle. An Order for Recovery is a notice issued by the Traffic Enforcement Centre at the Northampton County Court to the Registered Keeper of a vehicle, informing them that a Penalty Charge Notice (PCN) associated with that vehicle has been registered as a debt. •    in front of an entrance to a property. This ground covers stolen vehicles and vehicles used without the owner’s consent. Evidence can also be shared through the Messaging and Live Chat applications within the online system, as well as by email. the appeal was 'lost'). PR1 3ZA We don't accept challenges in person or over the phone due to audit procedures. Representations must be made in writing, as they may be required for evidence in a PCN appeal. The necessity to pay the crossing charge and the time allotted is shown on signs on roads around the scheme. 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. 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. The following four grounds / reasons are provided; one must be selected. There are two types of dropped kerbs, those outside driveways allowing easy access to the residents of individual houses and those used for pedestrian crossovers. 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 Bus Lane PCN is sent through the post to the Registered Keeper of the vehicle. 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. You should provide the hirer’s name and address and a copy of the agreement when making an appeal to us. 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 authority will also provide evidence to support its response to the appeal. We have pointed out that it will not help the disabled, the elderly and mothers with prams to enforce dropped kerbs with single yellow lines because in busy areas they will always be blocked. This part makes provision for the designation of individuals as traffic officers by, or under an authorisation given by, the Secretary of State for Transport or the Assembly. The Bath Clean Air Zone is a ’Class C Zone’, with charges for driving into the zone applying to certain types of vehicles, based on their emissions category, though a number of exemptions and discounts apply. We will consider representations received after 28 days, if … In exceptional circumstances, however, the decision an Adjudicator has made can be looked at again if the authority applies to have the decision reviewed. that issued your PCN and have received a, Notice of Rejection (NoR) of Representations. The Traffic Management Act 2004 gives statutory grounds or specific reasons to choose to dispute your PCN. This includes a unique PIN Code that will allow an appeal to us to be made. In England, parking contraventions are enforced under the Act*; while in Wales, parking, bus lane and moving traffic contraventions are enforced.*. 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. All documents further to the PCN during the enforcement process will be issued to the Registered Keeper of the vehicle. Summary 1.1 The Traffic Management Act 2004 (TMA 2004) proposes changes to parking enforcement. The authority should respond to the Informal Challenge within 28 days. Legislation is the name given for laws passed by Parliament. There are very limited circumstances in which the consent of the Secretary 3 Check: Summarised parking adjudicators decisions 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 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. The authority do not have the right to issue penalties in the place where the vehicle was parked (for example, in a car park). RECOMMENDATIONS 2.1 That Members note the changes that would be required to the delivery of This means the authority has asked for more than they are entitled to under the relevant regulations. 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. Wolverhampton City Council deployed a CCTV vehicle in order to address parking at hotspots or problem areas where motorists are putting the safety of others at risk and causing unnecessary congestion. The necessity to pay the charge and the time allotted is shown on signs on roads around the scheme. This means a failure by the council to observe any requirement imposed on it by the Traffic Management Act 2004, or the relevant regulations made under that act in respect of the civil enforcement of parking contraventions. Information on how to make representations to the authority will be included in the PCN documents or Notice to Owner (in the case of Parking PCNs) issued to the Registered Keeper of the vehicle involved in the alleged contravention. 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 can take this option by applying to review the decision. V5C ‘log book’ showing. The hirer of a vehicle will be asked to sign an agreement (usually as part of the booking form / contract to hire the vehicle), including a statement of liability for any PCNs received. In most cases, after receiving a Charge Certificate, there is 14 days to pay the PCN. If the representations are unsuccessful, a Notice of Rejection of Representations will be issued, explaining the reasons and providing information on appealing further to the Traffic Penalty Tribunal. The Traffic Management Act 2004 enables authorities with civil parking enforcement power to enforce, in a special enforcement area [footnote 11], … An Informal Challenge can usually be made by post or online, and if submitted within 14 days of the date the PCN was issued, there will usually still be the option to pay the PCN at a reduced / discounted rate, should the challenge prove to be unsuccessful. There are differences in the legislation underpinning traffic enforcement in England (outside London) and Wales. A contravention of these controls, as detailed in a TRO, may lead to a Penalty Charge Notice (PCN) being issued. This report informs Cabinet of the significant changes that will come into effect from that date. Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Parking Penalty Charge Notice (PCN). These parking penalties are not treated as criminal offences. A Bath Clean Air Zone PCN document will include details of: The Road User Charging Scheme in place, including how PCNs can be enforced by Bath & North East Somerset Council, is provided for and regulated by various pieces of legislation. The information included with the PCN will also contain the statutory Grounds of Appeal that apply to the PCN received. 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 contravention did not occur. An allowed appeal decision by a Traffic Penalty Tribunal Adjudicator means that the appeal was successful (i.e. You need to be logged in to be able to subscribe to the membership content. * Contraventions against bus lane restrictions in England are enforced under the Transport Act 2000; moving traffic restrictions are not yet enforced in England. applies to your case? Vehicles crossing the bridges must pay the road user charge in place every time they cross (in both directions, either in advance or by 11.59pm the day after the crossing is made. There has been a procedural impropriety by the authority. Unsure which ground A Witness Statement form or Statutory Declaration form (if relating to a Bus Lane PCN) will be included with the Order for Recovery. All the parties interested in occupying streets/highways need to follow the specified guidelines. This ground means the TRO was invalid or illegal, not that you disagree with a restriction that is in place. 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. Charges apply daily, 7 days a week, 365 days a year and from midnight to midnight (for example, if a vehicle enters the zone at 11pm and leaves at 1am the following morning, two separate daily charges will be payable). This document contains all the higher and lower level parking contraventions and moving traffic contravention codes and descriptions in London. The penalty charge should be either £50 or £70, depending on the alleged contravention that occurred. A PCN is either attached to the windscreen of the vehicle or handed to the driver (in the case of parking contraventions) or sent through the post to the Registered Keeper of the vehicle. As well as the statutory grounds for appeal the motorist can ask the enforcing authority to consider any other reasons, known as ‘mitigating circumstances’, for cancelling the penalty charge in the particular case. The hirer of the vehicle will then be liable for any PCNs issued to the vehicle (or relating to the vehicle) while it was on hire, even though they are not the Registered Keeper. TROs are bylaws – created by authorities – which specify traffic restrictions and the conditions under which vehicles may park. Of course, obstructing any dropped kerb will cause inconvenience either to the owner of the property who cannot obtain access or egress from their property, or in respect of pedestrian dropped kerbs you can even cause danger to pedestrians, particularly the elderly, disabled and mothers with prams. The Durham Road User Charge Zone is a Road User Charging Scheme in place for vehicles entering the Durham city centre peninsula. A telephone payment service is also available on 0300 029 888 (lines open Monday to Friday, 8am to 4.30pm). The charging authority for the scheme is Halton Borough Council. the date and time of the alleged contravention. You may wish to note that appeals for outstanding traffic offences will only be considered on the grounds of medical emergencies which will require supporting documentary proof to be submitted. Any information you provide to support your case is classed as evidence and will be taken into consideration by the Adjudicator. Invoices and delivery notes (e.g. 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. 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. 1 Check: Specific grounds for appeal for this contravention (below on this page) Screenshots from your phone (e.g. Correspondence (letters and emails; bills, statements, etc.). A Witness Statement / Statutory Declaration must be provided to the Traffic Enforcement Centre by the date specified on the Order for Recovery. the PCN or another document did not give the required information. Pay-and-display tickets and payment receipts. The vehicle was taken without the owner’s consent. 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. £50 (£25 if paid within 14 days) for minor offences. The combination of letters and numbers on a vehicle’s number plate. But in fact, the CEO was not prevented from doing this, You did not own the vehicle when alleged contravention occurred, The vehicle was taken without the owner's consent, View legislation related to civil traffic enforcement, Find out more about appealing a Bus Lane PCN, Find out more about appealing a Dart Charge PCN, Find out more about appealing a Durham RUC Zone PCN, Find out more about civil traffic enforcement legislation, Find out more about appealing a Littering from Vehicles PN, Find out more about appealing a Merseyflow PCN, Find out more about appealing a Moving Traffic PCN, Find out more about appealing a Parking PCN, Mersey Gateway Bridge Crossings (‘Merseyflow’), Dartford-Thurrock River Crossing (‘Dart Charge’), Find out what charges apply at the Bath Clean Air Zone, More information about paying the Bath Clean Air Zone charge, Find out more about appealing a Bath Clean Air Zone PCN, Find out more about a specific Clean Air Zone, Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, Traffic Signs Regulations and General Directions 2016. a valid pay-and-display ticket or permit was displayed. put on the vehicle. Parking (England) PCN Grounds of Appeal Parking (England) PCN Grounds of Appeal Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Parking across certain dropped kerbs is also contrary to … For parking PCNs issued on or after 31 March 2008, the Regulations based on the Traffic Management Act 2004 apply. Drawings and diagrams to explain a situation. Penalty charges are: £70 (£35 if paid within 14 days) for major offences. Our parking regulations follow the Traffic Management Act 2004. 1. If you do not know which ground applies, explain clearly why you are submitting an appeal in as much detail as possible. 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. the date and time of the crossing that was not paid for, as well as the location and a photograph of the vehicle. Traffic Management Act 2004. 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. The authority has no power to remove the vehicle. 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). By law, the adjudicator cannot consider these mitigating circumstances except when considering appeals about parking contraventions. If a Telephone Hearing takes place during the course of your appeal to us, the information you provide to an Adjudicator on the call and in answer to questions will be considered as evidence in deciding the appeal. Evidence can be provided in a number of ways, though more than 95% of appellants choose to use our online appeals management system (see below). The penalty; or vehicle release; or storage charge exceeded the amount that applied in the circumstances. This statutory guidance is issued by the Secretary of State under Section 18 of the Traffic Management Act 2004 (“the Act”). 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). (2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer. Parking across certain dropped kerbs is also contrary to Highway Code rule 243 which states: DO NOT stop or park: 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. Following an allowed / won appeal, the Penalty Charge (PCN) will be cancelled by the authority and there will be nothing to pay. Most councils have the power to enforce parking penalties under the Traffic Management Act 2004. The civil enforcement of parking restrictions by a local authority – including the provision for Informal Challenges – is provided for and regulated by various pieces of legislation. Highways Agency traffic officers 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. Please note: A Parking PCN should not be confused with a Parking Charge Notice which is issued by a private operator, not a local authority. 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. We may be able to assist you in having your penalty charge notice for this contravention cancelled. The alleged contravention is detected and recorded by a video camera. 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. Some specific purposes for which TROs are used are listed in sections 1.2-1.5 of this paper. This is accompanied by guidance for authorities found within the Traffic Signs Manual. * For PCNs issued to the windscreen of a vehicle or handed to the driver, in the case of parking contraventions, the challenge process starts with an Informal Challenge to the authority, before representations can be made. 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. Please [ Login ] or [ Register ]. If the vehicle was removed, no PCN was fixed to the vehicle or handed to the driver. Vehicles crossing the bridge or using the tunnel must pay the road user charge in place every time they cross (in both directions, either in advance or by 11.59pm the day after the crossing is made. However,  they are enforcing dropped kerbs with single yellow lines at any time. 2. But knowing what your options are if you have and making an informed decision Bus Lanes, Bus Gates and Bus-only Streets can be identified by signs and lines on the carriageway. You need to be logged in to see this part of the content. TRAFFIC MANAGEMENT ACT 2004 – PART 6 1. the appeal was 'lost') and the motorist is liable to pay the Penalty Charge Notice (PCN). However, you can use the form to add new arguments and make additional points to support your case. The requirements for such agreements are specific and are contained in: If you do not think you should have received a Penalty Charge Notice (PCN) from a local authority or charging authority, you have the opportunity to challenge it by ‘making representations‘ against it.*. If you’ve broken the regulations, we will issue you a Penalty Charge Notice that tells you about the offence. Make your representation on the space provided on the NTO document and return it to us, or by post or email. the amount (in £) of the penalty charge that needs to be paid. Adjudication is the process of deciding whether the motorist is liable to pay the penalty, based on the facts of the case and evidence submitted by the two parties: the appellant and authority. Once a Notice of Rejection of Representations has been received, the PCN should either be paid immediately or appealed within 28 days. 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. Agent is facilitated by a series of contravention codes have elapsed they install. ) for minor offences Parliament of the content Lane PCN is located be. Has been implemented from 1 April 2008 across the United Kingdom Council it! 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