The Appeal Process
Step 1: Notice
of Appeal
The appellant submits
the Notice of Appeal to the Traffic Penalty Tribunal. The appellant has 28 days
from service of the Notice of Rejection of Representations.
The appellant must include their name and address and should send any evidence
in their possession that may support the appeal.
Step 2: Registration
The Tribunal receives the Notice of Appeal, makes some basic checks and registers
the appeal.
If the Notice of Appeal is received late, outside the 28-day period, it will be
placed before the Adjudicator, who will decide whether it can be registered.
Step 3: Arranging the hearing
The Tribunal sends an acknowledgment to the appellant.
The Tribunal notifies the respondent council that an appeal has been made and
sends a copy of the Notice of Appeal and any direction extending the time limit.
If a postal decision has been requested, the Tribunal will notify the appellant
of the week in which the appeal is likely to be decided.
If either party requests a personal hearing, it will be scheduled for the next
suitable place, date and time. The parties will receive at least 21 days' notice.
If the appointment is not convenient, the Tribunal will accommodate the parties
as far as it considers reasonable.
If a telephone hearing has been requested, the Tribunal will inform the parties
whether one will be offered.
Step 4: The council's evidence
The council will submit its evidence.
The evidence must include:
• a copy of the challenge (formal representations)
• a copy of the Penalty Charge Notice (PCN); and
• a copy of the Notice of Rejection of Representations
but should also include:
• written submissions (arguments) about the penalty; and
• everything on which the council relies to prove that the contravention occurred
as alleged.
The council must send a copy of the evidence bundle to the appellant.
Step 5: Further evidence and submissions
The parties are encouraged to complete their submissions and evidence as soon
as possible: the appellant with their Notice of Appeal and the council with the
first evidence bundle.
However, it is recognised that further matters may emerge to which either party
may wish to reply. Both parties are urged to act promptly because whilst the Adjudicator
may consider any evidence before them equally they may decide not to take into
account material delivered unnecessarily late or in circumstances that are unfair
to either party.
• If the council puts in further evidence, it must send a copy to the appellant.
• If the appellant puts in further evidence, the Tribunal will send a copy to
the council.
Step 6: The decision
The Adjudicator makes their decision. If a hearing takes place in person or by
telephone, the Adjudicator will usually tell the parties the outcome there and
then.
The Adjudicator also prepares written reasons, which the Tribunal send to both
parties. The decision may state that:
The appeal is allowed
This means that the appeal was successful and the appellant does not have
to pay the penalty.
If the vehicle was clamped or removed, the council may be directed to repay the
penalty and/or the release or storage charges, wholly or in part.
The appeal is dismissed
This means that the appeal was unsuccessful and the appellant is liable to
pay the penalty.
If the vehicle was clamped or removed, the council has nothing to repay.
The appeal is dismissed, but the Adjudicator considers that there are compelling
reasons why the penalty should not be paid and/or the release or storage charges
should be repaid, wholly or in part
The council must consider the matter afresh and has 35 days to notify the appellant
and the Adjudicator of its decision. If the council does not respond in time it
is taken to accept the Adjudicator's recommendation
The appeal is adjourned
This means that the Adjudicator has not made a decision but requires further
information or evidence. The Adjudicator will give directions explaining what
must happen next.
Consent order
This means that the appeal is resolved on terms agreed by both parties.
With the decision, the Tribunal send a document explaining what happens next if:
• the appeal was allowed; or
• the appeal was dismissed.
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