In some cases, you can make an appeal against a penalty charge notice at an independent tribunal. This section explains the 'charge certificate' process and 'order of recovery' time limit.
APPEAL A PCN: As a rule, you can dispute a PCN parking ticket if you believe the issuance was wrong.
But do so, you must have already tried to make a formal challenge to get it cancelled. The council calls this part of the process a 'representation'.
You can make an appeal against a penalty charge notice issued in England or Wales for parking as well as:
There is a time limit for appealing parking fines. You get 28 days to make your appeal after receiving a 'notice of rejection'. The authorities use this particular document to reject a formal challenge.
You will need to contact the appropriate authority to make an appeal. As a general rule, it depends on where the PCN got issued.
Note: The issuing authority cancel the PCN if the appeal is successful. That means you will not have to make any payment. The methods of appealing a penalty charge notice differ in Scotland and in Northern Ireland.
If an appeal against a penalty charge notice fails you would get 28 days to pay the PCN parking fine.
You will then receive a 'charge certificate' if you do not pay the fine within this 28 day grace period. That means you must pay an extra 50% more within 14 days of receiving it.
An Example: Suppose you received a £60 PCN parking fine. Getting a charge certificate on top would mean you have to pay £90.
There are further consequences if you fail to pay a charge certificate within the 14 day period. You would receive a demand for payment by court order.
After receiving an 'order of recovery' from a court you would get 21 days to pay the penalty charge notice. But, you can also choose to challenge a court order demanding payment.
Note: What happens if you do not pay the fine or challenge the court order within the 21 days?
In this case, they will instruct bailiffs or enforcement agents to visit your home or business. A bailiff has the legal power to collect the money that you owe.
There are several reasons allowed for challenging an order of recovery, such as if you:
There are several different forms used to challenge an 'order of recovery'. It will depend on whether the fine relates to:
Send the appropriate form to the Traffic Enforcement Centre (TEC) within 21 days.
Traffic Enforcement Centre
County Court Business Centre
St Katharine’s House
21-27 St Katharine’s Street
Northampton NN1 2LH
The order of recovery gets withdrawn if the challenge is a success. That also means bailiffs will not be able to seize any of your property.
The next step is for the council or authority who issued the PCN to do one of the following:
There are certain instances where you can ask for extra time to challenge a court order. You may make a late challenge to an 'order of recovery' if:
This procedure for making a late challenge is also called an 'out of time' challenge to the order of recovery.
You must use the correct 'out of time' form. It gives you an opportunity to explain why you are making a late challenge. Send the relevant form along with the one needed to challenge the order of recovery.
The type of penalty charge notice that you received determines which 'out of time' form you need to use:
The next step is for the authorities to stop any action by bailiffs while they consider the 'out of time'. The cessation takes place by the council or the authority that issued your PCN.
Several things happen if an 'out of time' challenge gets accepted. First of all, the bailiffs must return any property that they seized. The council or authority must then decide the next step if the challenge is successful.
What if the 'out of time' challenge gets refused by the council or the issuing authority? In this case, the Traffic Enforcement Centre (TEC) reviews it.
The TEC will send you a letter after their review of the case. It informs you whether your challenge was successful or unsuccessful. You can then ask a judge to review the decision made by the TEC if it remains unsuccessful.
Note: The issuing authority can also ask a judge to review the decision made by the Traffic Enforcement Centre.
You will need to send form N244 titled 'Application notice' to the Traffic Enforcement Centre. You must make the application within 14 days of the date they made the decision. There is a fee to pay for asking a judge to review a TEC decision.
Note: Read form N244 notes titled 'Application notice (Form N244) - Notes for Guidance' if you need help to fill in the application.
The amount to pay will depend on whether you choose to attend a hearing for the presentation of your case.
Paying the fee may be difficult for people on a low income, on certain benefits, or with little savings. In this case, fill in form EX160 titled 'Apply for help with fees'. You might get a fee reduction.
Appeal against a Penalty Charge Notice in the United Kingdom