Harrogate Borough Council

Local Government for Harrogate district | Residents | Transport and Streets | Parking | Penalty Charge Notices
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Penalty Charge Notice Objection Form

Penalty Charge Notices (PCNs) are issued by the Enforcement Authority to vehicles which contravene the traffic regulations orders.  Under the Traffic Management Act 2004 the vehicle's registered owner/keeper and not the driver is liable for payment of the penalty charge.

How much is a Penalty Charge

In the Harrogate District the penalty charge is £50 or £70, depending on the contravention which had occurred, which is discounted by 50% if paid within 14 days of the issue date.

How do I pay?

Online
Telephone
Post

Harrogate Borough Council
PO Box 377
Harrogate HG1 2WN

In Person
 

What can I do if I disagree with the issue of the PCN?

If you receive a PCN and believe you are not liable to pay the charge you have three stages of appeal.

Objection

This is an informal stage of appeal which can be made when you first receive a PCN.

You should either

Please note this form can only be used to make an objection.  If you wish to make a representation (see below) you must do so using the Notice to Owner form and sign the document.  Your case will be investigated and considered in line with the Enforcement Authority's agreed procedures.  We will write to you with our decision.  If your objection is accepted the PCN will be cancelled. If it is rejected you have the option to pay or wait for the Notice to Owner to make a formal representation.

If your objection was received within 14 days of the PCN issue date then you will be given a further 14 days to pay at the reduced rate of £25 or £35.  The discounted rate will not apply if payment is made after this 14 day period or if you choose to make a formal representation.

Representation

This is a formal stage of appeal which can only be made after receiving a 'Notice to Owner'.  The 'Notice to Owner' is sent to the owner/keeper of the vehicle registered at DVLA (regardless of who was driving).  You can opt to pay the charge at this stage or you may wish to make a representation.  Your case must be put in writing using the Notice to Owner form and will be considered by an independent officer at the Enforcement Authority.  Representations should be made on one of the statutory grounds below.  If none of these grounds apply to your case you can still make representations to the Enforcement Authority and ask them to take other circumstances into account.

1. The contravention did not occur.

Tick the box on the form if the contravention described on the notice did not happen - for instance if the PCN is for overstaying in a pay and display area and a valid pay and display ticket was displayed, or of the PCN is issued for parking on a yellow line when you were in fact legally loading.  When returning the form you should enclose such details as a valid pay and display ticket or delivery note.

2.  I was not the owner/keeper of the vehicle at the time of the contravention.

Tick the box on the form if you did not own the vehicle when the PCN was issued.  When returning the form please enclose details such as a receipt of sale/purchase or a copy of the DVLA registration form.  You must give the name and address of the person who bought/sold the car and the date of the sale/purchase in the box provided on page 3.

3.  The vehicle had been taken without my consent.

Tick the box on the form if the vehicle had been stolen at the time the PCN was issued.  When returning the form you should enclose evidence such as a police crime report number or insurance claim.

4.  We are a hire firm and have supplied the name of the hirer.

Tick the box on the form if you are a hire company and the hirer has signed a formal agreement accepting liability for Penalty Charges.  You must complete the name and address of the hirer on page 3 and enclose a copy of the signed hire agreement.

5.  The Penalty Charge exceeded the relevant amount.

Tick the box on the form if the PCN asked you to pay more than you are legally liable to.

6.  There has been a procedural impropriety on behalf of the Council.

Tick the box on the form if you believe the Enforcement Authority has acted improperly or in breach of the Regulations made under the Traffic Management Act 2004.  Please supply details.

7.  The Traffic Order was invalid.

Tick the box on the form if you believe that the parking restriction in question was invalid.  This applies, for instance, if the Order making Authority had not followed the correct procedure for passing the Traffic Regulation Order.  When  returning the form you should enclose details.

8.  The Penalty Charge has been paid, either in full or at discount rate within discount period.

Please supply details and supporting evidence such as receipt of payment.

If none of the grounds shown above apply, but you believe there are mitigating circumstances in your case, please supply details on page 3 of the form.

If your representation is accepted you will be notified that the PCN has been cancelled.  Otherwise you will be sent a formal Notice of Rejection and you then have the option to pay £50 or £70 or appeal to an Independent Adjudicator.

Adjudication Appeal
If your representation is rejected by the Enforcement Authority you can appeal to the Traffic Penalty Tribunal (TPT).  The Adjudicators are experienced lawyers who are independent of the Enforcement Authority and they will consider your case on one of the eight grounds listed above.  Their decision will be final.  Appeals cannot be made to the TPT unless the owner has first made a formal representation to the Enforcement Authority.
 
Appeals can be decided either by post or in person.  A personal hearing centre is available in Harrogate and also at a number of other towns and cities throughout the country.  There is no charge to the appellant for submitting an appeal to the TPT.
 
Further information about the TPT can be found on their website.  If you lose your appeal and do not pay or ignore the Notice to Owner you will be sent a Charge Certificate which increases the original charge by 50% to either £75 or £105 depending on the contravention which had occured.  There are no rights of appeal at this stage of the process.
 
If you still do not pay, the charge will be registered as a debt at the county court and ultimately a warrant will be issued to bailiffs who will add their own costs to the penalty charge.
Patrol

The council is a member of the Parking and Traffic Regulations Outside London (PATROL) Adjudication Joint Committee.  Further details of the appeals process and parking penalty enforcement can be found on the PATROL website.

The Joint Committee publishes an Annual Statement of Accounts which is subject to external audit and the arrangements and timetable for 2009/10 can be found at:

http://www.patrol-uk.info/site/scripts/documents_info.php?documentID=35

 



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