Moving Traffic Appeal Process

The full extent of the appeals process can be confusing for some. This page looks to explain all the possible options there are to appeal right until the final London Tribunal stage.

Moving Traffic Penalty Charge Notices are usually only served by post straight to the Registered Keeper of the vehicle.


STAGE 1:

When you first receive the Penalty Charge Notice

OPTION A: Formal Appeal
You have 28 days to lodge a formal appeal to the Enforcement Authority regarding your ticket. If you appeal within 14 days, you are more likely to still get the discounted rate if rejected.

However, if you are planning to go all the way, then it is highly recommended to submit the appeal on the final day of the 28 day period. It proved to be a winning tactic within this case study.

OPTION B: Ignore
DO NOT IGNORE. You cannot ignore the PCN at this stage, if you do the council will peruse a County Court Judgement against you to recover the money.

STAGE 2:

Formal Appeal Rejected: Notice of Rejection Received

London Tribunals
The final stage of the appeals process is through the London Tribunals.

When you are rejected at the Formal Appeals (stage 2) the Enforcement Authority will issue a Notice of Rejection. With this they should provide a Notice of Appeal Form which is the paper form to send off your appeal via post. They should also provide a Verification Code to enable you to appeal online rather than the postal option. If they have not provided any of these then contact the Enforcement Authority.

You must appeal within 28 days.


Grounds of Appeal

For example, there was no failure to comply with a traffic sign.

For example, the vehicle had been stolen.

This applies only to hire firms where there is a qualifying hire agreement for less than 6 months and the hirer has signed a statement accepting liability for penalty charges. You will be expected to supply the name and address of the hirer and a copy of the hire agreement.

For example, the vehicle was sold before or bought after the contravention occurred. You MUST supply the full name and address of the buyer or seller, if you have it. Note: under the London Local Authorities and Transport for London Act 2003 the owner, not the driver, is normally liable for the penalty charge.

For example, you are being asked to pay the wrong amount for the penalty charge, no penalty charge notice was issued or Penalty Charge Notice has not been served or was served out of time. The authority should normally send you the Penalty Charge Notice within 28 days of the alleged contravention but they sometimes have longer, for example where there was a delay in obtaining your details from the DVLA.