How Can I Challenge A Boston PCN?
This blog serves to answer the question “How Can I Challenge A Boston PCN?” Actively collecting and preserving evidence such as video recordings filmed from inside your vehicle, copies of parking permits or medical certificates to justify mitigating circumstances can save you the embarrassment of being unable to add any proof to back the grounds of your formal representation. This evidence forms the cornerstone of your Boston PCN challenge and needs to be supported by a professionally worded explanation of your mitigating circumstances or a clear rejection of the charge which says that the contravention never occurred.
How Can I Challenge A Boston PCN?
You can only challenge a Boston PCN on the online formal representation form on the Lincolnshire District Council Parking Portal . Before typing in your PCN challenge, you need to recall the events of the traffic violation scene and the specific evasive actions taken by you to avoid a bus lane or moving traffic PCN.
If you have photographs of the incident, you can use these to prove that the contravention never occurred or a short video clip explaining how you managed to avoid breaching the no entry zone or bus lane. Photographs and video recording of your road trips in Boston Borough Council can be filmed by a family member or friend who travels regularly with you.
As a Boston Borough Council PCN appeal can only be submitted online, you should be prepared for writing this appeal by storing documents on your computer which can be used as evidence to challenge a PCN. Such data might include scanned copies of pay and display tickets, scanned copies of your medical certificates which indicate a serious health condition and video recordings of your road journeys in Boston Borough Council.
Unless you make an effort to compile and save this precious evidence on your computer or laptop, it might be next to impossible to come up with authentic evidence within 14 to 28 days to upload with your formal representation.
It is essential that you formulate a strong appeals case before submitting your formal representation to the Boston Borough Council so that you don’t end up with a Notice of Rejection of Representations from the council. The “Notice of Rejection” implies that your appeal has been refused.
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.
What is a Penalty Charge Notice?
A Penalty Charge Notice is a monetary penalty issued to drivers or motorists for committing certain traffic contraventions including violating Parking, Bus Lane, and Moving Traffic restrictions. A PCN is issued for failing to follow Parking zone, bus lane enforcement, and moving traffic restrictions mentioned in the Road Traffic Act 1984 and the Traffic Management Act 2004.
A penalty charge notice can be handed to you by a Civil Enforcement Officer or dispatched to your (DVLA) residential address by post. Traffic contraventions are observed by CCTV cameras and Civil Enforcement Officers before a violation is detected and the vehicle is charged with a PCN.
A PCN might also be issued for failing to pay road charges on time. You have 28 days to decide how and if you would like to challenge your Penalty Charge Notice. After 28 days if you have neither paid nor challenged your PCN, you will be sent a charge certificate from the Traffic Penalty Tribunal.
If you don’t challenge a PCN, you should pay the fine within 28 days, otherwise its amount will increase by 50%. A £70 PCN will be worth £105 if you pay it in the 14 days after receiving your charge certificate.
Can I Only Challenge A Boston PCN online?
Yes, you can only challenge a Boston PCN on the Lincolnshire District Parking Portal.
Lincolnshire County Council has taken over the responsibility for issuing PCNs (on on-street locations) in Lincolnshire, which also includes Boston Borough Council, by the decision of the Lincolnshire Police. Your Boston PCN appeal can be initiated by clicking here and entering your Boston PCN number, vehicle registration number as well as a web code mentioned on your PCN. Once you have entered these details, you can click on search to find your Boston PCN on the Lincolnshire District Parking Portal.
You can view CCTV camera footage of your traffic contravention before constructing your PCN appeal. The reasons for you disputing the PCN can be typed into a word processing software first and related to the text of the relevant traffic contravention code as well as to the specific material evidence you plan to use in your appeal. These reasons need to be formally compiled into an appeals letter to be submitted to the Boston Borough Council along with any material evidence.
So you can take 3 to 4 days for recollecting your thoughts about the traffic violation incident and even check your vehicle to recall the position in which it was parked that day. If you were driving with a passenger, their observations of the scene from the back seat of your vehicle could also help you to explain exactly what happened. Evidence including photos and videos can be attached online to your Boston PCN challenge by accessing the Lincolnshire District PCN Database.
You have to make the challenge to your PCN within 28 days of receiving your “Notice to Owner”.
You can also submit an informal representation to your Boston PCN (CCTV Bus Lane PCN or Parking PCN served by a CEO) by accessing your PCN details here. To access the form you need to enter your PCN number and vehicle registration number.
You have to fill out the informal representation form by typing your full name, email address, and the contents of your informal representation. Once you are sure that you have constructed a strong appeals case to make the council grant you a formal representation, you can send your form. The informal appeals stage is applicable to PCNs sent by post.
If the Boston Borough Council accepts your PCN appeal, the PCN will be annulled and you will not be liable for paying any monetary penalty. In case the council sends you a “Notice of Rejection” by disapproving of your representation you will have to pay the amount mentioned on your PCN.
For which traffic contraventions can I be served a Parking PCN in the Boston Borough Council?
A Parking PCN is issued in the Boston Borough Council for traffic violations including:
- For a vehicle which has been parked in a prohibited street during prescribed hours. Vehicles are not allowed to park on yellow lines during prescribed hours except those driven by a blue badge holder (a person registered as disabled).
- For a vehicle which has been parked in a restricted street within 15 metres of a junction (on double yellow lines)
- For a vehicle which has been parked in violation of traffic cones in a street which has been closed off.
- For a vehicle which has been parked in a resident’s parking zone without having a valid parking permit or a valid pay and display ticket.
- For a vehicle which has been parked in a resident’s parking zone (in the pay and display bay) following the expiry of a pay and display ticket. A pay and display ticket should be purchased for the entire duration of time you might have to park your vehicle in a particular spot.
So if you might need to spend 20-30 minutes more you should probably choose a different parking ticket in the first place.
- For a vehicle which has been left parked in any pay and display bay not clearly showing the parking ticket. The pay and display ticket needs to be properly visible to the CEO or CCTV watching the parking bay. A 5 minute observation period will be granted to fix the situation before issuing the PCN
- For a vehicle which has been brought into and parked within the same parking bay within one hour or any other specified no return time limit (after leaving the parking area.)
- For a vehicle which has not been parked entirely inside the markings of a parking bay and with one full wheel shown to be beyond the correct limits of a parking zone space.
- For exceeding a vehicle parking ticket’s time limit by 10 minutes or more. Blue Badge or disabled parking holders are exempt from this rule
- For being parked in a disabled person’s reserved parking space without clearly showing a blue badge
- For a vehicle incorrectly parked in a mandatory cycle lane instead of being parked in a parking bay.
- For a vehicle which has been left parked on any portion of or inside a school keep clear marking.
- For a vehicle which has been left parked within a pedestrian zone. It also applies to a vehicle’s entry into a pedestrian zone, as vehicle entry is banned from these areas.
- For vehicles which have been left parked on any portion of the footpath located adjacent to a pedestrian crossing.
- For a vehicle which has failed to move out of a pedestrian crossing area in time or has been braked or brought to rest by a driver on a pedestrian crossing.
How Can I Pay my Boston PCN fine?
You should be aware of the fact that you can only pay your Boston PCN fine online. The PCN fine can be paid online on the East Lincolnshire District Parking Portal, (using Visa Card, Master Card, Direct Debit, or Maestro Card) This payment method saves time and is also more precise as your details are entered directly into an electronic database.
If you were looking for a postal order payment option or a choice for paying your PCN fine via the council’s telephone hotline, you might be disappointed to learn that these options are unavailable in Boston Borough Council.
In order to make your Boston PCN fine payment online, you should visit the East Lincolnshire District Parking Portal website. After opening this webpage you can enter your PCN number and Vehicle Registration number. You need to click on “Search” to search for your Boston PCN details in the East Lincolnshire District’s online database.. In the next 2 steps of paying your PCN, you need to enter payment card details and complete the process by making your Boston PCN payment.
You must remember to wait for 24 hours after your PCN is issued before attempting to pay it.
You must pay your PCN fine within 28 days. You should pay before 14 days if you don’t want to miss out on the 50% early payment discount (which reduces Parking PCNs to £35 or £25 and Moving Traffic PCNs to £35). If you pay your Boston Bus Lane PCN within 21 days, you will have to pay just £35.
How much is the PCN fine for each of the 3 kinds of PCNs served in Boston Borough Council?
A Parking PCN in Boston Borough Council is served for violating higher or lower level parking restrictions. You have to pay £70 for committing a higher level parking contravention and £50 for a lower level parking contravention. If you pay the parking fine within 14 days, you will just be paying £35 or £25 as a 50% discount is applicable to your payment.
For failing to comply with a bus lane contravention code or a moving traffic restriction in Boston Borough Council, you will be charged a £70 Penalty Charge Notice. The 50% early payment discount reduces both these types of PCN fines to £35 if a bus lane PCN is paid within 21 days and a moving traffic PCN is paid within 14 days
What will happen if I don’t pay my Boston PCN within the 28-day limit?
You should not ignore traffic contraventions or the Penalty Charge Notices resulting from them or cultivate a careless attitude towards driving in Boston Borough Council. As per your driving license rules, you are bound to abide by Parking, Bus Lane, and Moving Traffic contravention codes in Boston Borough Council.
If you neither pay your Boston PCN within 28 days nor decide to appeal against it, you will be sent a charge certificate from the Traffic Penalty Tribunal. The charge certificate increases your PCN fine by 50%, which means you will be paying £105 (or £75) now. 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 the Boston Borough Council.
You will be sent a “Notice of Debt Registration” and a witness certificate from the Traffic Penalty Tribunal, if you don’t pay the charge certificate amount within 14 days. The unpaid amount will be treated as a debt with the Traffic Enforcement Centre at the Northampton County Court.
The court order for debt recovery enforces that the charge certificate amount must be paid in full within 21 days or the county court will have to use additional powers to recover the money from your possession which means employing Enforcement Agents to (contact you or) visit your personal premises.
Can I Dispute A Boston PCN with the Traffic Penalty Tribunal if the Boston Borough Council dismisses my appeal?
Yes, you can dispute the decision of the Boston Borough Council in your “Notice of Rejection of Representations” with the Traffic Penalty Tribunal. The Traffic Penalty Tribunal website requires you to enter details given on your Notice of Rejection of Representations, after opening this webpage
You can watch this instructional video here to learn about your challenge process. The video clearly explains how to use the online service offered by the Traffic Penalty Tribunal. On the Traffic Penalty Tribunal webpage, you will first have to select the type of PCN you were served by the Boston Borough Council (shown on the bottom part of the page).
After clicking on your specific type of Penalty Charge Notice, you should select “England” (Outside London). In the window which opens up, you should click on the orange box which reads “If you don’t agree with the PCN, you can make representations against it”.
After viewing the instructions on the following page, you need to click on “Start your appeal here” at the bottom of the webpage You will then be required to enter your Vehicle Registration Number, the reference number from the “Notice of Rejection” letter from the Boston Borough Council, and your PCN number for which the appeal was rejected on this page.
You can use the online service to challenge multiple “Notices of Rejection” simultaneously. You will require a valid email address to create an account on the Traffic Penalty Tribunal website. You have to upload a copy of your “Notice of Rejection of Representations” letter to your application by using the Traffic Penalty Tribunal’s online portal.
You can upload evidence such as video clips of your traffic violation scenes (taken from inside your vehicle), medical certificates from a certified General Practitioner, maps of the area showing the exact distance your vehicle travelled inside a no-entry zone, and scanned copies of “pay and display” tickets. You should construct a strong appeals case to communicate your mitigating circumstances or to deliver your assertion that the traffic violation never occurred.
The Traffic Penalty Tribunal should be able to ascertain the legitimacy of your situation by viewing evidence material uploaded to the PCN appeals system.
Your appeal of the “Notice of Rejection of Representations” should be submitted to the Traffic Penalty Tribunal within 28 days of receiving your Notification of Rejection from the Boston Borough Council. You must avail yourself of this chance of a free and independent hearing of your case.
You will be able to contact the Traffic Penalty Tribunal adjudicator during the formulation of your appeal. The result of your appeal will be communicated to you within 14-28 days of submitting your representation. If the adjudicator decides the case in your favour, the PCN will be cancelled by the Boston Borough Council.
Conclusion
This blog post addressed the question “How Can I Challenge A Boston PCN?” The grounds for your Boston PCN Challenge should convince the Parking Officer deciding your case that your traffic violation never occurred (which can be proven through photographs or video evidence clearly showing your assertion) or that it occurred as a result of your genuine mitigating circumstances. It is essential for you to collect the necessary evidence for your challenge before composing your formal representation so that its contents can be focused on this available evidence material.