There are three stages to dispute a Penalty Charge Notice (PCN), which must be followed in order:
- Informal Challenge (This stage is only available for PCNs issued by Civil Enforcement Officers and Bus Lane PCNs)
- Formal Representation
- Independent Adjudicator
The following options are available to you if you disagree with the outcome of an Informal Challenge or Formal Representation:
1. If an Informal Challenge has been rejected
An Informal Challenge may have been submitted in response to:
- a Penalty Charge Notice (PCN) issued by a Civil Enforcement Officer (CEO)
- a PCN issued due to a bus lane contravention
If you disagree with an Informal Challenge decision, you must wait until a Notice to Owner or an Enforcement Notice (for a bus lane PCN) has been received by the registered keeper of the vehicle.
The Notice to Owner or Enforcement Notice will be issued 28 days after the notice of rejection.
The registered keeper can then make a Formal Representation.
At this stage, representations are made against the full PCN charge. The discounted rate will no longer be available.
2. If a Formal Representation has been rejected
A Formal Representation may have been submitted in response to:
- a Notice To Owner, relating to a parking Penalty Charge Notice (PCN) issued by a Civil Enforcement Officer (CEO)
- an Enforcement Notice, relating to Bus Lane PCN
- a Penalty Charge Notice relating to a Moving Traffic PCN or Parking PCN captured by CCTV.
If you disagree with a Formal Representation decision, refer to the Notice of Rejection, which will include information on how to appeal to the Independent Adjudicator.
3. Appealing to the Independent Adjudicator
An appeal can ONLY be made after a Formal Representation has been rejected. (Appeals can not be submitted after an Informal Challenge.)
If you disagree with the decision of a Formal Representation, you can appeal to the Independent Adjudicator at the Environment Traffic Adjudicators (ETA) (London Tribunals)
Only the registered keeper of the vehicle can appeal.
The adjudicator can only consider appeals on specific legal grounds.
Find a list of the legal grounds of appeal on London Tribunal's website.
An appeal should be submitted within 28 days of the date on the Notice of Rejection that was sent to the registered keeper.
Find more information about the appeals process on the Independent Adjudicator's website (London Tribunals)
How to appeal:
Complete an appeal application either;
- online, using London Tribunals' online appeals portal
or
- by post, complete the form included in the Notice of Rejection letter and send it to the address shown on the form.
You will need to:
- Choose between a personal hearing or postal decision. Find information about hearings
- Select the grounds (reasons) why you believe the Penalty Charge Notice (PCN) was issued incorrectly.
- Submit evidence of the appeal. Newham Council will also submit evidence to defend its decision to reject the representation.
What happens once the appeal is submitted:
- A hearing date will be set that you will need to attend (if you chose a personal hearing). This is a judicial hearing like a court and the adjudicator is similar to a judge.
- The adjudicator will deliver their decision by post. The adjudicator’s decision is binding for both the council and the person making the appeal.
If an appeal is allowed
The Penalty Charge Notice (PCN) will be cancelled.
If an appeal is refused
The full Penalty Charge Notice (PCN) charge must be paid. If the PCN is not paid within 28 days, a Charge Certificate will be issued and the charge will increase by 50%.
Find more information: