Making Parking Appeal - How to Appeal
Time LimitsEnclosed with the Notice of Rejection of Representations, the council will have sent a Notice of Appeal form. It sends the Notice of Rejection of Representations by first-class post and it is taken to be served on the second working day after posting
A person who receives a Notice of Rejection of Representations has 28 days to:
• appeal to the Adjudicator; or
• pay the penalty.
If they do neither, the council may take steps to enforce payment of the penalty as a debt.
If the vehicle was released after being removed or clamped, it follows that the penalty has already been paid together with release and/or storage fees. The person who receives the Notice of Rejection of Representations therefore has 28 days to decide whether to:
• appeal to the Adjudicator; or
• do nothing. The Council will retain the money already paid.
The Traffic Penalty Tribunal will only accept a late appeal received after 28 days if the Adjudicator decides to allow more time. A Notice of Appeal sent after 28 days should include an explanation of why it has been sent late.
Completing the Appeal form
The Notice of Appeal is a paper form. The appellant (or their authorised representative) must:
• fill it in, including the appellant's name and address
• date and sign it
• post it to the Tribunal.
The grounds of appeal are set out on the form. A potential appellant should consider which of them applies to his situation.
It may be possible to complete and submit the Notice of Appeal online. If this facility is available, the council will, with the Notice of Rejection of Representations, provide a unique PIN as well as a paper form. The appellant may choose which method to use, but must not use both.
If the council does not provide a PIN, online appeal is not available and the paper form must be used.
Explaining what happened
The Notice of Appeal form has space for the appellant to use to explain the circumstances of their case, but separate or continuation sheets are also allowed. If the appellant has already set out their case in letters to the council or other documents, it is acceptable to include copies of these and to write on the form: "See attached".
The appellant should send in any evidence in their possession that may support the appeal. This might include:
• pay-and-display tickets, permits or vouchers
• Blue Badges
• plans and drawings
• statements from witnesses.
Appellants are advised to send copies. The Tribunal cannot undertake to return such items during or after an appeal
Selecting the type of hearing preferred
The Notice of Appeal gives the appellant the opportunity to state a preference for the hearing of the appeal. There are three possibilities:
Personal hearing before the Adjudicator
Personal hearings take place at venues all around the country. Hearings do not have to take place in the area where the penalty was issued.
The Notice of Appeal gives the appellant the opportunity to indicate a preferred venue. The Tribunal will take the appellant's preference into account and will also consider any preference expressed by the council, but the Adjudicator has the final say.
Normally a hearing can be arranged in accordance with the appellant's preferences, but the Tribunal does not guarantee that it will do so. Where the hearing is listed will depend on availability of venues, whether the council wishes to attend, and any other matters the Adjudicator considers relevant.
Evening and weekend appointments are sometimes available.
The Tribunal are sometimes able to offer a hearing by telephone. If the appellant would like a telephone hearing to be considered, they may indicate this on the Notice of Appeal. The Tribunal will inform the parties whether a telephone hearing will be offered.
If both parties consent, adjudication may take place by post. The Adjudicator will decide the matter on the basis of written submissions and documents.
The council has the right to require a personal hearing. However, if the appellant asks for a postal decision, it is usual for the council to consent.
Even if both parties consent to a postal decision, the Adjudicator may decide to conduct a personal hearing. Such cases are rare, but might occur if the Adjudicator felt that the matter could not be decided fairly without oral evidence from the parties.