This blog answers the question “How Can I Appeal Against My Brighton and Hove City PCN?” Brighton and Hove City serves as a major tourist attraction in the UK and hosts 8 million visitors to the Council, annually. Effective parking control measures in the council are essential for accommodating the travel needs of both residents and tourists. 

How Can I Appeal Against My Brighton and Hove City PCN?

You should choose to challenge your Brighton and Hove City PCN if you have received one because of Covid 19 (related circumstances). You can explain what happened on the scene in your appeal and identify how Covid 19 (symptoms)lead to your traffic contravention. You will have to provide authentic medical reports from a licensed General Practitioner to back up your challenge (preferably dating from a week or two weeks before your traffic violation)

Brighton Council allows you to view photographs and video footage (for Bus Lane CCTV PCNs) before you challenge the CEO or CCTV issued PCN. You can attempt to explain your driving behaviour on the scene through legitimately acceptable reasons. Brighton and Hove City Council just takes 4 to 6 weeks to respond to your PCN challenge, so you should utilise this chance to make your voice heard.

The Brighton and Hove City Council website contains a statement of “Zero tolerance towards aggressive or abusive behaviour towards it’s CEO’s” So the council is strict on any disrespect or insulting comments or actions made by you while being served your Penalty Charge Notice by a Civil Enforcement Officer. 

In the heat of the moment, you might feel like you were going about your own business and were suddenly interrupted or ordered to pull over to be charged with a traffic contravention. 

But it is advisable to listen to what the CEO has to tell you and take your PCN home with you. You can easily challenge the Penalty Charge Notice with Brighton Council, within the next 28 days. All your complaints and counter arguments to your PCN will be considered as a written formal representation

In many cases, PCNs are not enforceable and you may be able to win your case and avoid having to pay your fine.

You could begin the process by speaking to an online solicitor for as little as £5. 

How much is the PCN fine for a PCN in Brighton and Hove City Council?

The PCN fine for a higher level Brighton and Hove City Council Parking PCN is set at £70 and a lower level Parking PCN fine is £50.. A Bus Lane CCTV PCN fine is £70 and a moving traffic PCN fine is also £70.

If you pay a higher level parking PCN within 14 days, there is a 50% discount applicable on your payment, you just have to pay £35. For the lower level parking PCN the fine is reduced to £25 if you pay the PCN within 14 days. Similarly for the Bus lane PCN and the moving traffic the 50% discount brings down the fine to £35 as well, if you make your payment by the 13th day.

How can I pay my Brighton and Hove City PCN?

You can pay your Brighton and Hove City PCN online by entering your PCN number, vehicle registration number and payment card details. You need to click “Pay Your PCN Online” after opening this webpage

PCN fine payments can also be made through Brighton Council’s automated payments hotline. For this, you need to call on : 03456 035 469. On the call, you have to first select option 1 in the menu. After this you will be asked to enter your payment card details along with the billing address for the card. You will also be required to provide your PCN number and vehicle registration number to complete the payment.

If you want to pay your PCN by post you will have to attach a check or postal order payable to “Brighton & Hove City Council” and send it to the following address:

Parking Services,

G39 Hove Town Hall,

Norton Road,

Hove

BN3 3BQ

You also have to mention your Brighton PCN number and your vehicle registration number on the back of your check or postal order

What is a Penalty Charge Notice?

A Penalty Charge Notice is a fine or monetary penalty for driving violations. A PCN can be issued in response to any traffic contravention such as a parking contravention, a moving traffic contravention or a bus lane violation.

A PCN may be issued by a Civil Enforcement Officer or by CCTV.  You will be given 28 days to respond to a PCN. If you don’t pay the PCN within 28 days you will be issued a charge certificate.

A charge certificate will increase the PCN penalty amount by 50% of its original value.

What are the higher-level offences for a Brighton and Hove City parking PCN?

The higher-level offences for Brighton and Hove City parking PCN are as follows:

  • Your vehicle was parked in a restricted street during operational hours
  • You left your vehicle parked in a residential parking bay without displaying a pay and display ticket or another parking permit
  • Your vehicle was parked in a parking zone which is reserved for police vehicles
  • Your vehicle was stopped on a taxi rank
  • Your vehicle had failed to follow a restriction order for vehicles to enter a pedestrian zone
  • Your vehicle was parked with one or more wheels positioned over a footpath
  • Your vehicle exceeds the permitted height or length of a vehicle which can be parked in the area
  • Your parked vehicle is obstructing moving traffic.

What is a lower-level parking violation, which gets a £50 PCN in Brighton and Hove City Council?

A lower-level parking violation, with a £50 PCN fine in Brighton and Hove City, includes the following traffic contraventions:

  • Your vehicle is still parked in a parking zone when its indicated time limit has expired
  • Your vehicle was parked with payment made to extend its stay in the parking zone beyond the original parking permit time
  • Your vehicle was parked in the same parking zone within one hour of leaving the zone.
  • Your vehicle was parked in a disc parking space without clearly displaying the parking disc
  • Your vehicle has been left parked with its engine on, in a parking space where this is prohibited.
  • Your vehicle was parked in a parking space without any pay and display ticket or paying any parking charge whatsoever.
  • Your vehicle was not parked within the correct markings of a parking bay or parking space and a full wheel of your vehicle was outside the parking space for your vehicle.

How Can I Challenge a Brighton and Hove City PCN?

The first stage of challenging a Brighton and Hove City PCN is an informal appeal. The informal challenge only applies to Parking PCN served by a CEO or to  a CCTV Bus Lane PCN. You can choose to make this informal appeal online or by post.  You have to mention your PCN Number, Vehicle Registration Number and the reasons for your appeal in the letter. 

After the informal appeal the council will send you a “Notice to Owner” and you will be given 28 days to make a formal appeal (these are the 14 days from getting the PCN).

For a CCTV Parking PCN, CCTV Bus Lane PCN or moving traffic PCN you will make a formal representation, after receiving your Enforcement Notice or Notice to Owner (NTO).

You can appeal against a Brighton PCN online by using the council’s online service. You can avail this option to dispute your PCN by clicking here On this webpage you will see a chat window with the chatbot max. 

You need to interact with the chatbot by providing your PCN Number and Vehicle Registration Number. Once these details are verified by the virtual assistant, you can type in your PCN appeal with relevant reasons and evidence (which can be uploaded to the system).

The reasons for you disputing the PCN should preferably be listed down on paper first and explained using the wording of relevant traffic regulations. These reasons need to be formally compiled into an appeals letter addressed to your council later, along with any material evidence if possible.

Another way of sending in your appeal is by postal service. You can write a PCN appeal to Brighton and Hove City Council mentioning your PCN number and vehicle registration number. This letter along with any documents, pay or display tickets or photographs attached as proof needs to be sent to:

Brighton and Hove City Council,

PO Box 204,

Sheffield,

S98 1 LS

Your postal PCN appeal should reach Brighton and Hove City Council within a maximum of 28 days.

What happens if I refuse to pay my Brighton PCN within 28 days?

If you don’t respond to your Brighton PCN within 28 days, you will be sent a charge certificate from the Traffic Penalty Tribunal. The charge certificate increases your PCN fine by 50%. You should pay the charge certificate within 14 days as it cannot be appealed and ignoring the charge certificate may result in the filing of a court order (for recovery of debts) against you by Brighton Council.

When the charge certificate is also not paid within 14 days, you will receive a “Notice of Debt Registration” and a witness certificate from the Traffic Penalty Tribunal. The unpaid amount will be treated as a debt with the Traffic Enforcement Centre at the Northampton County Court. . The amount of the charge certificate automatically increases by £9, which represents the expense of registering the court order (for recovery of debts).

The court order for debt recovery enforces that the charge certificate amount must be paid in full within 21 days or it will have to use additional powers to recover the money from your possession.

Can I Dispute A Brighton PCN with the Traffic Penalty Tribunal if the council dismisses my appeal?

Yes, you can dispute the decision of the Brighton Council in your “Notice of Rejection of Representations” with the Traffic Penalty Tribunal. For this you can use the Traffic Penalty Tribunal’s website by clicking this link You will be required to enter your Vehicle Registration Number, the reference number from the “Notice of Rejection” letter from Brighton and Hove City Council and your PCN number for which the appeal was rejected.

This challenge to Brighton and Hove City Council’s PCN appeal dismissal can only be made online. You can use the online service to challenge multiple “Notices of Rejection” simultaneously. 

You will need a valid email address to create an account on the Traffic Penalty Tribunal website. You have to attach a copy of your “Notice of Rejection of Representations” letter to your application by using the Traffic Penalty Tribunal’s online portal.

Scanned copies of evidence to strengthen your case such as a pay and display ticket or photographs of the scene can be added along with your explanation. The explanation of your case should be well worded and convince the tribunal of an error on the part of Brighton Council in adjudicating your case.

You will be able to contact the Traffic Penalty Tribunal adjudicator during the registration of your appeal. The result of your appeal will be communicated to you within 14 to 28 days of submission. If the adjudicator decides the case in your favour, the PCN will be cancelled by Brighton and Hove City Council.

Conclusion

This blog post addressed the question “How Can I Appeal Against My Brighton and Hove City PCN?”You should choose to appeal your Brighton PCN if Covid-19 has worsened your financial situation or even if you have been wrongly charged for a contravention such as entering a bus lane during its operational hours. The CCTV and photographic evidence provided by Brighton Council can also be used to prove your case which may be that your pay and display ticket was correctly attached to your windscreen but had fallen off due to moisture by the time you returned to your vehicle.