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Moving Traffic contraventions captured via CCTV - PCN Appeal Process
Moving Traffic 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 the
issuing of your PCN by making a formal representation in
writing to the Council. Your PCN will
be accompanied by the form which you need to use to make
a formal representation. Please be advised
that the representation procedure for moving
traffic contraventions differs to the representation procedure
for bus lane contraventions, as an informal challenge cannot be
made.
- If
you do nothing, a Charge Certificate will be sent to you and
the penalty notice charge will increase by
50%.
Please be aware that you cannot pay
your PCN and then make a formal representation. 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.
Formal representation process
A formal representation must be
submitted in writing within 28 days of receiving your PCN
and can only be made on the following grounds:
- I was not the owner of the vehicle at the material time
- There was no contravention of an order or failure to comply
with an order or failure to comply with an indication on a
sign
- The vehicle was being used without my consent
- We are a hire firm and the person hiring the vehicle had signed
a statement accepting liability
- The Penalty Charge exceeded the amount applicable in the
circumstances of the case
You can make your representations on form accompanying
your PCN. Please state your case clearly and
simply. If you have evidence to support your
claims attach these the the form.
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.