Home >
Transport & Streets >
Parking >
CCTV Enforcement >
Bus Lane contraventions captured via CCTV - PCN Appeal Process
Bus Lane contraventions captured via CCTV - PCN Appeal Process
On receipt of a Penalty Charge Notice (PCN) your next steps
are as follows:
- Pay the PCN at the discounted rate
within 14 days; or
- Pay the PCN at the full rate
within 28 days; or
- Dispute your PCN by making an informal challenge
in writing explaining why you
feel the PCN was incorrectly issued.
- If you do not pay or challenge
the PCN within 28 days you will be issued with an Enforcement
Notice.
Please be aware
that you cannot pay your PCN and then make an informal
challenge. If you pay the PCN, then you are accepting that
you committed the contravention. The case will then be closed
and we will not accept any challenges made against the
issuing of the PCN.
Informal challenge process
If you wish to object or appeal
against your PCN you can make an informal challenge
at any time within the first 28 days after the PCN has been
served. By law, your informal challenge must be
in writing, which can be by e-mail or by sending a letter in
the post.
In your letter or e-mail please remember to:
- Tell us as much as you can about your reasons for believing the
PCN should be cancelled (please ensure that you have first read
the guidance on the reasons that
will not be accepted)
- Provide us with all the evidence you have to support your
claim. This might be documentary evidence for example that
your vehicle had broken down due to a mechanical fault. It is
recommended that you send only copies and retain the originals
yourself.
- Include your name and address and the PCN number (the 10
character reference number found on the top left hand corner
of your PCN). If you don’t have the PCN Number please include your
vehicle registration number and the date of issue of the PCN
- You do not need to pay the PCN charge at the time of making an
informal challenge.
What happens next?
Please allow sufficient time for us to receive
and consider your challenge.
- Once your correspondence has been received the case will be
placed on hold and will not progress until you have received a
reply.
- If your challenge is successful, the PCN will be cancelled and
no further action will be necessary.
- If we receive your informal challenge within 14 days of the PCN
being issued (the discount period) and your
challenge is rejected, we will give you a further opportunity
to pay at the discounted rate.
- If we receive your informal challenge between 15 and 28
days of the PCN being issued (after the discount period) and
your challenge is rejected you will need to pay the full
amount of the PCN.
- If you do not pay your PCN within 28 days, or
the council has rejected your informal challenge and you have
still not paid your PCN, the owner of the vehicle will
receive a document called an Enforcement Notice. The
Enforcement Notice will advise there is now a further 28
days to either:
- Pay the full penalty charge (at the full rate); or
- Make a formal written representation to the Council
Formal representation process
A formal representation must be submitted in writing within
28 days of receiving an Enforcement Notice. A formal
representation can only be made on the following grounds:
- you were not the owner of the vehicle at the material time
- there was no breach of the bus lane orders/regulations
- the person in control of the vehicle at the material time was
in control of it without the owner's consent
- the police are already taking action (this applies if the
driver of the vehicle at the material time has received a Fixed
Penalty Notice or a Notice of Intended Prosecution for the same
offence).
You can make your representations on the space
provided on the Enforcement Notice. Please
state your case clearly and simply. If you
have evidence to support your claims please attach these to
the Enforcement Notice.
What happens next?
After we have considered your formal representation we will
write to you with our decision:
- If we accept your formal representation we will
cancel the PCN and you will receive a letter informing you of
this.
- If the Council decides that the PCN should not
be cancelled, you will be sent a letter explaining why. This is
called a Notice of Rejection of Representations. You will
have a further 28 days to either pay the charge or appeal to the
parking adjudicator.
- Should you fail to pay or appeal to the parking
adjudicator, then a charge certificate
will be issued, increasing the fine by 50%. You have 14 days
in which to pay this. 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, Redbridge
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.