East Devon District Council

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Guide Penalty Charge Notices FAQs

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2. Penalty Charge Notices discount periods, challenges and appeals

Is there a discount if I pay the penalty charge promptly?

Yes. The Penalty Charge Notice (PCN) fee will be reduced by 50 per cent if you pay it not later than the last day of the 14 day period starting from the date on which the PCN was served.

Can I challenge the issue of a PCN if I think that it was unfairly or illegally served?

Yes, either by completing our online challenge parking fine form, or in writing by post or by email, to the address shown on the reverse of the penalty charge ticket. All challenges received will be considered. They will be considered on their individual circumstances, you will be advised of the decision in writing and will be informed of how to proceed beyond this stage.

Will I lose the discount option if I submit a challenge in writing?

No. Generally the discount period will be deferred until a decision has been made on your challenge. If your challenge is accepted you will not have to pay. If it is rejected you will be sent a Notice of Rejection of Challenge stating why it has been rejected. You must pay the discounted rate not later than the last day of the 14 day period commencing from the date on which the Notice of Rejection of Challenge was dated. You will be deemed to have received the Notice of Rejection of Challenge on the second day following the date of it.

Who will consider my initial challenge?

Your challenge will be considered in a fair and unbiased manner based on the facts presented. The officer(s) who will consider each challenge received will not have been involved in any way with the serving of the PCN. The officer(s) must consider your challenge based on the facts presented.

If I do not agree with the council’s decision can I appeal to a higher authority?

Yes, if you decide not to pay the 50 per cent discounted charge not later than the last day of the 14 day period starting with the date on which the PCN was served. The full fee will then be due. If you decide not to pay the full fee by not later than the last day of the 28 day period starting with the date on which the Notice of Rejection was sent a Notice to Owner (NTO) will sent to the registered keeper of the vehicle who may or may not be the same person as the driver. Responsibility for the payment of the PCN then transfers from the driver to the registered keeper and it cannot be transferred back to the driver if he/she is a different person than the registered keeper. You can submit a formal representation against the NTO but only on the conditions described in it. You must follow the directions of the NTO. If your formal representation is accepted the case will be closed. If it is rejected you will receive a Notice of Rejection of Representation letter stating the reasons why. The fee at this stage is the full charge of either £50 or £70. You then have two choices;

Either pay the full fee and close the case or appeal to the independent Traffic Penalty Tribunal. We will have enclosed a form to enable you to do so with the Notice of Rejection of Representation letter.

The adjudicators (solicitors) at the Traffic Penalty Tribunal can only consider your appeal on the facts presented, they cannot consider mitigating circumstances. The adjudicator cannot normally award costs. However, they can do so if the feel that either party has acted in an unreasonable, vexatious or frivolous manner.

You can find more information about the enforcement of parking and bus lane regulations on the PATROL website. PATROL is an acronym for Parking And Traffic Regulations Outside London.