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Penalty Charge Notices (PCNs)

How do I challenge a Penalty Charge Notice?

If you are challenging your Penalty Charge Notice (PCN), there are three stages to bear in mind:

1. Informal Correspondence (challenge)
2. Representations
3. Appeals to the Parking and Traffic Appeals Service
Not all of them apply to every type of PCN, please read the actual notice for further information.

Informal Correspondence

If you receive a PCN that you feel should not have been issued you can challenge it.

Please remember to:

  • Write to us as soon as possible
  • Tell us as much as you can about your reasons for believing the PCN should be cancelled; and
  • Provide us with all the evidence you have to support your claim.

Please note that we will only consider representations made in writing, as legally we must receive signed correspondence. You can send your informal challenge or representations to:

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

Or you can hand deliver (Monday - Friday, 9am - 5pm and Saturdays, 9am - 1.30pm) to the brown box inside the Parking Shop:

The Parking Shop
16-18 Pilgrims Way
East Ham
London
E6 1HW

(Please note: The box is only for correspondence relating to PCNs and not for any other type of correspondence).

Alternatively, you may wish to fax 020 8552 9835.

Make sure that you include your name and address and the PCN number when writing. Once your correspondence has been received the case will be placed on hold and will not progress until you have received a reply provided that it has been received within the required period of time.

We will only cancel a PCN in certain circumstances. We will not cancel them for the following reasons:

  • "I went to get some change for the machine."
  • "I could not find anywhere else to park."
  • "I couldn't see the point of having a yellow line there."
  • "My permit application is in the post."
  • "I thought I was legally parked, but I made a mistake."
  • "I lent the car to a friend and they will not pay."

If your PCN begins with XN7 or NE4, please go straight to the Representations section below.

If your penalty charge notice number begins with XN3, XN9 or NE8, then provided we receive your informal challenge within the discount period of 14 days, we will give you a further opportunity to pay at the discount rate if we do not accept your challenge. If you challenge outside the 14 days the full amount of the PCN is payable.

If you do not pay the penalty charge notice within 28 days and your PCN begins with XN3, or XN9, the registered keeper of the vehicle will receive a document called a Notice to Owner explaining how to make formal representations. If your PCN begins with NE8, the keeper will receive an Enforcement Notice.

Representations

Parking PCNs issued by a Civil Enforcement Officer (CEO)

If you have a PCN that begins XN3 or XN9 and do not pay within 28 days, or your informal correspondence has been declined and you do not pay, you will receive a Notice to Owner. At this stage you may make formal representations to the Council in writing within 28 days.

After we have considered your representations we will write to you with our decision. If we accept your representations we will cancel the PCN. If we do not accept them you will have a further 28 days to either pay the charge or appeal against our decision to an independent adjudicator at the Parking and Traffic Appeals Service. See the Appeals section below.

Parking PCNs issued via CCTV

If your PCN begins with XN7, your PCN is the formal notice (i.e. no Notice to Owner or Enforcement Notice will be issued). This means that you must either pay within 28 days (with a 50% discount if you pay within 21 days) or make representations.

After we have considered your representations we will write to you with our decision. If we accept your representations we will cancel the PCN. If we do not accept them you will have a further 28 days to either pay the charge or appeal against our decision to an independent adjudicator at the Parking and Traffic Appeals Service. See the Appeals section below.

Bus Lane PCNs

If you have a PCN that begins NE8 and do not pay within 28 days, or your informal correspondence has been declined and you do not pay, you will receive an Enforcement Notice. At this stage you may make a formal representation to the Council in writing within 28 days.

After we have considered your representations we will write to you with our decision. If we accept your representations we will cancel the PCN. If we do not accept them you will have a further 28 days to either pay the charge or appeal against our decision to an independent adjudicator at the Parking and Traffic Appeals Service. See the Appeals section below.

Moving Traffic

If your PCN begins with NE4, your PCN is the formal notice (i.e. no Notice to Owner or Enforcement Notice will be issued). This means that you must either pay within 28 days (with a 50% discount if you pay within 14 days) or make representations.

After we have considered your representations we will write to you with our decision. If we accept your representations we will cancel the PCN. If we do not accept them you will have a further 28 days to either pay the charge or appeal against our decision to an independent adjudicator at the Parking and Traffic Appeals Service. See the Appeals section below.

Appeals

If the Council rejects your formal representations and you still disagree with the decision, you can appeal to the Parking and Traffic Appeals Service in order for an independent adjudicator to review your case. Their decision will then be binding on both sides.

You cannot appeal to PATAS until the Council has told you that your representation has been rejected.

  • The services of PATAS are free to the person appealing
  • You may choose whether to attend the hearing in person or deal with it by post.
  • The adjudicator's decision is final and binding upon both you and the council.
  • Appeals are held at New Zealand House, Haymarket in Central London.
  • You can find out more on the Parking and Traffic Appeals Service website
  • You or the local authority can claim costs if the adjudicator finds that either you or the authority has acted frivolously, vexatiously or wholly unreasonably. Compensation or damages cannot be awarded.

Applications to PATAS are normally acknowledged by them within two to three weeks. However, if you fail to hear from them, it will be your responsibility to ensure that your application has been received. The Council has no liability for applications not received by PATAS.

The above information is correct as of March 31, 2008. If you have received a charge that begins NE3, NE9 or NE7 (parking charges issued before March 31, 2008) then you can call 020 8430 5432 (Monday - Friday, 9am - 5pm) for further information.

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