This blog serves to answer the question “How Can I Challenge A Cheshire East PCN?” You must maintain a record of your road presence in the Cheshire East Borough Council to preserve evidence regarding any future Penalty Charge Notices A Notice of Rejection from the Cheshire East Borough Council can also be contested with the Traffic Penalty Tribunal.

How Can I Challenge A Cheshire East PCN?

A PCN from the Cheshire East Borough Council can be challenged by compiling a list of reasons explaining your actions on the scene of the traffic violation, which are in conformity with the relevant traffic contravention code on your PCN. If you want to avoid mistakes in your formal representation, you should save a list of the traffic contravention codes in the council classified by their location. This can be used to avoid the embarrassment of mentioning false grounds for your appeal.

You also have to upload material evidence (online) to explain your mitigating circumstances or to prove your traffic contravention didn’t happen. If you don’t have this data with you beforehand, it might be impossible to recover essential evidence to support your case. It might not be possible for you to search for or transfer parking permits, medical reports, or parking camera video onto your computer to make your appeal within 28 days.

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 the procedure for appealing against a PCN from the Cheshire East Borough Council?

You can appeal against a PCN from the Cheshire East Borough Council writing a formal representation letter.  The informal challenge stage only applies to Parking PCN served by a CEO or to  a CCTV Bus Lane PCN. You can write a PCN appeal addressed to the Cheshire East Borough Council mentioning your PCN number and vehicle registration number. 

You can also include the text of the sections of the Traffic Management Act 2004 or the Road Traffic Act 1988 relating to your case.You should compile a PCN challenge by referring to the relevant contravention code and by listing down any mitigating circumstances which influenced your actions. This appeal should not involve reasons which display a lack of urgency or seriousness to avoid the traffic contravention.

The PCN appeal should also be signed and dated by you on the last page. This letter along with any documents, pay or display tickets or photographs attached as proof needs to be sent to:

Cheshire East Borough Council,

Parking Services,

Municipal Buildings,

Earle Street,

Crewe,

CW1 2BJ

You can also challenge your Cheshire East PCN online by clicking here. First you will need to confirm that you have read the supporting information on acceptable mitigating circumstances (for a Parking PCN).After selecting “Yes” you can enter your personal information on the next page .

This includes your title, name, surname, email address and postcode.  Now, you have to click “next” to provide your PCN number and vehicle registration number and proceed to enter your PCN challenge..

You can view CCTV camera footage of your traffic contravention before constructing your PCN appeal. You should preferably have one of the reasons given in the mitigating circumstances list to back your Parking PCN challenge. The reasons for you disputing the PCN must 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 to be submitted to the Cheshire East 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. You should also upload photographs of any missing or incorrect traffic signs and state the map location of the spot where the snapshot was taken. 

Evidence including maps, photos and videos can be attached online using the Cheshire East Borough Council PCN Appeals Page

You have to make the challenge to your PCN within 28 days of receiving it.

If the Cheshire East  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 Cheshire East Borough Council?

A Parking PCN is issued in Cheshire East Borough Council for traffic violations including:

  • For a vehicle that 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 that has been parked in a restricted street within 15 meters of a junction (on double yellow lines)
  • For a  vehicle that has been parked in violation of traffic cones in a street that has been closed off.
  • For a vehicle that 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 that 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 that has been left parked in any pay and display bay not clearly showing the parking ticket. The pay and display ticket should be properly visible to the CEO or CCTV camera watching the parking bay. A 5 minute observation period will be granted to fix the situation before issuing the PCN
  • For a vehicle that 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 that 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 that has been left parked on any portion of or inside a school keep clear marking.
  • For a vehicle that 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 that have been left parked on any portion of the footpath located adjacent to a pedestrian crossing.
  • For a vehicle that 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.

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.

How much is the PCN fine for each of the 3 kinds of PCNs served in Cheshire East Borough Council?

The 3 kinds of PCNs served in Cheshire East Borough Council are a Parking PCN, a Bus Lane PCN and a Moving Traffic PCN. 

The Penalty Charge Notice fine for a Cheshire East Borough Parking PCN is set at £70 for a higher level traffic violation and £50 for a lower level traffic violation. A 50% discount applies to early payment so If you pay your higher level parking PCN within 14 days, you just have to pay £35. Similarly, if you pay your lower level parking PCN within 21 days, you just have to pay just £25.

If you pay a Bus Lane PCN within 28 days, you will be charged £70 and if you pay it within 14 days, you just have to pay £35. The PCN fine for a moving traffic PCN in Cheshire East Borough Council is £70. There is a 50% discount for paying it within 14 days, which reduces the fine to £35.

How can I pay a PCN in Cheshire East Borough Council?

You can pay a PCN in Cheshire East Borough Council by using the postal service, by telephone, or online here

The Cheshire East Borough Council website provides an online payment service for PCN fines. You need to open this webpage to access the Penalty Charge Notice payments portal. You will be asked for your PCN number here. Once you have entered your PCN number, you should type in the amount of the PCN fine, which depends on how many days have passed since the PCN was issued. You can enter one of the 4 amounts applicable to your PCN from a choice of £70, £35, £50 or £25. If you enter this amount incorrectly your fine will remain unpaid.

 Your vehicle registration number also has to be entered to initiate the payment process. In the next window, you will be required to provide your payment card details. The Cheshire East Borough Council accepts VisaCard, MasterCard, Maestro Card, DeltaCard and Electron Card.Payments made by credit or debit cards before 5pm will be credited to your account on that date

You can also pay on Cheshire East Borough Council’s automated payments hotline by dialling: 0300 123 5039. Next, you will be required to provide your payment card details, PCN Number, and vehicle registration number.  When entering your PCN number, you should replace each letter with a * sign. This payment hotline is active 24 hours a day, 7 days a week.

The Cheshire East Borough Council also accepts PCN fine payments by post. You need to send a check or postal order to “Cheshire East Borough Council”. You can write down your PCN Number and Vehicle Registration Number on the back of your check or postal order.

Send your PCN fine payment to this address:

Cheshire East Borough Council Parking Services,

Municipal Buildings,

Crewe,

CW1 2BJ

What will happen if I don’t pay my Cheshire East PCN within the 28-day limit?

If you neither pay nor decide to challenge your PCN from the Cheshire East Borough Council before the expiration of the 28-day limit 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 the recovery of debts against you by the Cheshire East Borough Council.

If the charge certificate remains unpaid after 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 debt at the County Court Traffic Enforcement Centre. The amount of the charge certificate automatically increases by £9, which represents the expense of registering the court order (for recovery of debts).

A court order enforces that the charge certificate amount must be paid within 21 days or the court will be forced to sanction the use of additional powers to recover the money from you.

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

Yes, you can dispute the decision of the Cheshire East Borough 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 can watch this instructional video here to learn about your challenge process. It 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 Cheshire East Borough Council (shown on the bottom part of the page) .

You will then be required to enter your Vehicle Registration Number, the reference number from the “Notice of Rejection” letter from the Cheshire East Borough Council, and your PCN number for which the appeal was rejected.

This challenge to an appeal dismissal by the Cheshire East Borough Council can only be made online. 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 attach a copy of your “Notice of Rejection of Representations” letter to your application by using the Traffic Penalty Tribunal’s online portal.This challenge should be submitted within 28 days of being sent your “Notice of Rejection”.

Scanned copies of evidence to strengthen your case such as a pay and display ticket, a written statement from an eyewitness 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 the Cheshire East Borough 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 14-28 days of submission. If the adjudicator decides the case in your favour, the PCN will be cancelled by the Cheshire East Borough Councill.

Conclusion

This blog post addressed the question “How Can I Challenge A Cheshire East PCN?” You should not rush into composing a PCN appeal as this might lead you to stating spontaneous reasons for your mistakes and display a lack of awareness of the traffic contravention codes being enforced by the Cheshire East Borough Council. You need to reserve some free time for assembling evidence relating to mitigating circumstances and to verify that you have mentioned acceptable grounds for challenging the relevant traffic contravention.

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