How do I challenge a Penalty Charge Notice?

All challenges/representations must be made in writing.

If your PCN begins with the letters 'XN' or 'NE' you should send your informal challenge to:

Newham Council
Parking and Traffic Enforcement
PO Box 35361
London
E6 6XH

Via fax: 020 8430 1433

If your PCN begins with the letters 'PN' you should send your informal challenge to:

Newham Council
Parking and Traffic Enforcement
PO Box 1125
Warrington
WA55 1EJ

Via fax: 08453 058 106

Please remember to:

• Tell us as much as you can about your reasons for believing the PCN should be cancelled.
• Provide us with all the evidence you have to support your claim.
• Make sure that you include your name and address, the PCN number and vehicle registration when writing.

There are different types of challenges against a Penalty Charge Notice (PCN). Please note, not all of these stages apply to every type of penalty so always read the wording on the PCN or document you receive before proceeding.


1. Informal Challenges

You have 14 working days from the date of contravention to make an informal challenge at the discount amount for PCNs attached to your vehicle, or handed to the driver.

The case will be placed on hold until we respond; if we reject your challenge, you will be re-offered the discount amount for 14 days from the date of that letter.

If you write to us after 14 days, we will still respond to your informal challenge but if it is rejected, you will then be liable for the full PCN amount.

Please note that the same applies to Bus Lane PCNs.


2. Representations

The council will answer your representation within 56 days from the date of receipt. This is in line with current legislation.

If you have received a Notice to Owner, or an Enforcement Notice
You have 28 days from the date of the notice to make a representation. Once received this holds the case at the full penalty amount until a response is sent.

If our response is an acceptance of your representation we will cancel the PCN. If not, we will send you a notice of rejection giving you a further 28 days to either pay the charge or appeal against our decision.

If you have received a CCTV Penalty Charge Notice
Again, you have 28 days from the date of the notice to make a representation, once received it will hold the case until a response is sent.

However, if your representation is received within 21 days from the date of the notice it will be considered at the discount amount, if rejected you will then be re-offered the discount amount for 21 days.

If you write to us after 21 days, we will still respond to your representation but if it is rejected, you will then be liable for the full PCN amount.

If you have received a Penalty Charge Notice for a Moving Traffic contravention
Again, you have 28 days from the date of the notice to make a representation, once received it will hold the case until a response is sent.

However, if your representation is received within 14 days from the date of the notice it will be considered at the discount amount, if rejected you will then be re-offered the discount amount for 14 days.

If you write to us after 14 days, we will still respond to your representation but if it is rejected, you will then be liable for the full PCN amount.

If you have received a Charge Certificate, you cannot make representations to the council.


3. Appeal

If your representation has been rejected, you have 28 days from the date of the notice of rejection to appeal against our decision. To do so, fill out the application form supplied with the notice of rejection, and return it to the address on the form and not to the council.

Regardless of the type of PCN issued you can only appeal to the Parking and Traffic Appeals Service (PATAS). The case will be decided at the full penalty amount. The Adjudicators at PATAS are qualified lawyers and are completely independent from Local Authorities. Their decision is final and binding on both parties.


4. Filing Witness Statements or Statutory Declarations

If you have received an Order for Recovery, this means that the penalty has not been resolved by representation, appeal or payment, and has been registered as a debt and is due to be passed to a Bailiff. Please follow the instructions on the order; you have 21 days from the date of the order to submit your application to the court. To do so, fill out the document supplied with the Order for Recovery and return it to the address on the form and not to the council.

Once received by the court, they will then inform the council to place the case on hold.