How Can I Challenge A CC Charge PCN?
This blog serves to answer the question “How Can I Challenge A CC Charge PCN?” It is important for you to be aware of the CC Charge Zone in London and of the £15 charges you are required to pay whenever you pass through the area. You need to look at a PCN and consider whether it has wrongly been served or not because this might have been the case and a PCN challenge backed by strong evidence (such as your CC charge payment slip or a video showing that your vehicle didn’t use the Congestion Charge Zone at the date and time) will definitely be accepted by TFL.
How Can I Challenge A CC Charge PCN?
You can challenge a CC Charge PCN in 2 ways, firstly you can choose to fill in the online formal representation form on the Transport for London Website or alternatively you can write an appeal to Transport for London on the reverse of your Notice to Owner document (and send it in via mail).
You need to have evidence relating to your CC charge payments ready with you to attach with your PCN challenge, as you are required to prove that you actually paid the charge to get your PCN cancelled. The PCN was served to you for not paying the CC charges until midnight on the 3rd day, so if you can prove that you did actually pay the charges within 3 days of using the Congestion Charge Zone, you might be able to get the PCN cancelled.
In this case you will need to show evidence of the date on your Congestion Charge payment so that it is clear that you are contesting the PCN on the basis of a payment made just in time. You can also challenge a CC Charge PCN on the grounds that you didn’t travel through the CC Charge Zone at the given date and time at all. This will require a video clip that shows your vehicle being driven (somewhere else) at that date and time and will serve to prove that your vehicle did not pass through the Congestion Charge Zone.
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. CCTV cameras and Civil Enforcement Officers observe traffic contraventions 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.
What is the procedure for appealing against a CC Charge PCN?
You can submit a formal representation to your CC Charge PCN by writing a letter addressed to Transport for London or by filling in the online formal representation form on Transport for London’s official website.
You need to brainstorm reasons for challenging a CC Charge PCN from the day of the incident and list them down in word processing software or on paper. It is essential to have some authentic evidence to attach with your PCN appeal in the form of video footage of the traffic violation, medical certificates explaining your mitigating circumstances, or pay and display tickets.
The evidence must be matched with the grounds for your appeal before describing the incident from your point of view. Your rough formal representation can be edited for clarity multiple times before it is ready to attach to your online appeal to Transport for London. You need to visit the Transport for London website to submit a formal representation to your PCN. You have to open this webpage to enter your PCN number and your Vehicle Registration Number. You need to click on “Continue” to view your PCN details before filling in the online appeals form.
It is essential to upload authentic evidence material with your PCN challenge to describe your mitigating circumstances to Transport for London and for explaining your point of view of the events which took place at the traffic violation scene. If you made a video clip of your traffic contravention, you should save snapshots from it by using a video player or video editing software.
Most video players such as VLC player allow you to slow down your video frame by frame and thus take ( a collection of) snapshots to attach with your CC Charge PCN challenge.The text of your appeal must state the relevant contravention code on your PCN and explain how you attempted to avoid the error (supported by photos or video footage).
Once you have proofread your appeal to eliminate any reasons for your challenge which might convey a disregard for traffic contravention codes enforced under the Congestion Charge (by mixing up the contraventions) or reasons which involve forgetfulness to justify your actions, you can submit the formal representation.
Another way to send in your CC Charge PCN challenge is by mail. You can write a formal representation to Transport for London on the reverse of your “Notice to Owner” document. This handwritten appeal should be composed gradually by incorporating all the available evidence material to support the grounds for your challenge and should be able to convince the council of your mitigating circumstances (or other acceptable reasons).
You should view evidence relating to your CC Charge PCN online before writing down your appeal, so that you end up focusing on refuting the contents of the CCTV video or photographs or your traffic violation. Your PCN appeals form and all accompanying evidence documents (enclosed in an envelope) need to be sent to:
Congestion Charging,
PO Box 340,
Darlington DLI 9PZ
Transport for London will respond to your PCN appeal and your PCN will be cancelled or you will be sent a Notice of Rejection or Representations, which needs to be received promptly in order to contest the notice with the London Tribunals.
How much is the PCN fine for a CC Charge PCN?
A CC Charge PCN will require £180 to be paid by you. If you choose to pay it within 14 days, you need to pay only £90.
How Can I Pay my CC Charge PCN fine?
You can pay your CC Charge PCN on the Transport for London’s online payments webpage.
You are required to visit the Transport for London website. After opening this webpage you need to enter your PCN number and vehicle registration number. Once all these details have been correctly entered, you can click on “Continue” to access your CC Charge PCN account.. Your PCN details will be displayed and you can also view CCTV evidence relating to your case before paying your PCN
For paying your PCN you will be asked for your payment card details. Transport for London accepts Mastercard, Visa Card, Maestro Card and Visa Electron card for PCN fine payments. Diners card and American Express card are not accepted for making PCN payments. Once you have entered the credit or debit card information you can proceed to paying your fine. It must be noted that paying your CC Charge PCN eliminates any possibility for challenging the Penalty Charge Notice.
What will happen if I don’t pay my CC Charge PCN within the 28-day limit?
If you fail to pay your CC Charge PCN within the 28-day limit you will be sent a charge certificate from Transport for London. 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 Transport for London.
When the charge certificate is also not paid within 14 days, you will receive a “Notice of Debt Registration” and a witness certificate from Transport for London. 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 it will have to use additional powers to recover the money from your possession.
Can I dispute a CC Charge PCN with the London Tribunals if Transport for London dismisses my appeal?
Yes, you can dispute a CC Charge PCN with the Traffic Adjudicators at London Tribunals within 28 days of getting your “Notice of Rejection of Representations” from Transport for London. You have to fill in the form provided to you with the Notice of Rejection and mail it to this postal address:
London Tribunals,
PO Box 10598,
Nottingham,
NG6 6DR
You can also choose to dispute the “Notice of Rejection” from Transport for London with the London Tribunals online by clicking on the “Access the Appellants Portal” button on this webpage. All you will be required to do is simply enter your Vehicle Registration Number, PCN number, and the reference number or code from your “Notice of Rejection of Representations” letter.
You can attach copies of evidence documents online to back up your appeal against the decision of Transport for London. Such evidence may also include a signed and dated written statement describing what happened on the scene according to the viewpoint of a bystander.
London Tribunals will notify both you and Transport for London of the hearing date. If Transport for London contests your appeal, it will provide you with a copy of its application along with the evidence sent by it to the Traffic Adjudicators at London Tribunals. In case the independent parking and traffic adjudicator decides the case in your favour, Transport for London will promptly withdraw the PCN.
If the PCN is cancelled at this stage, you will have to pay nothing. If the London Tribunals decide the case in the council’s favour, you will be given another 28 days to pay the PCN fine.
Conclusion
This blog post addressed the question “How Can I Challenge A CC Charge PCN?” You need to consider the events of the traffic violation scene once again and attempt to recall whether you made your CC charge payment or not. These recollections need to simply be backed by evidence showing the exact date and time of your payment (within 3 days of your traffic violation) or proof that you did not pass through the Congestion Charge Zone at all.