Harrogate Borough Council
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Thank You
Thank you for submitting an objection form to the Parking Department. Your case will be investigated and considered in line with the Council'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
discounted rate of £30. 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 penalty 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 Council. Representations can only 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 Council and ask them to take other circumstances into account. In exceptional mitigating circumstances they may cancel the PCN but they are not obliged to do so.
- I was not the owner/keeper of the
vehicle at the time of the contravention
e.g. the vehicle was sold or bought after the contravention occurred. You should provide proof of sale or purchase (e.g. a copy of DVLA registration document, cancellation or issue of insurance, receipt of sale or purchase).
- The vehicle had been taken without my
consent at the time of the contravention
e.g. the vehicle was improperly parked after being stolen. If you can you should provide the crime report number, a letter from the police or a copy of the insurance claim.
- We are a hire firm and have supplied
the name of the hirer
This only applies to hire firms where the hirer has signed a formal agreement accepting liability for penalty charges. The company must supply the name and address of the hirer and a copy of the rental agreement they signed.
- The contravention did not occur
e.g. the contravention did not happen as stated on the PCN; the parking restrictions were not properly signed; the reason for stopping was lawful (e.g. vehicle broken down or legitimate loading/unloading). It is helpful if you can provide evidence of your claim (e.g. if your vehicle had broken down, send a copy of the garage's report or breakdown call out document).
- The traffic order
was invalid
This only applies if the local authority's regulations are legally defective.
- The penalty exceeded the relevant
amount
e.g. you are being asked to pay the wrong amount for the penalty charge; the PCN was not correctly issued or the council claims you paid less (or later) than you did.
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 £60 or appeal to an Independent Adjudicator.
Adjudication Appeal
If your representation is rejected by the Council you can
appeal to the National
Parking Adjudication Service (NPAS). The
Adjudicators are experienced lawyers who are independent of the
Council and they will consider your case on one of the six grounds
listed above. Their decision will be
final. Appeals cannot be made to NPAS unless the
owner has first made a formal representation to the Council.
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 NPAS.
Further information about NPAS 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 £90. 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.
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 NPAS.
Further information about NPAS 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 £90. 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.