This blog serves to answer the question “How Can I Challenge A Cheshire and West Chester Council PCN?” A PCN challenge needs to be written down after collecting evidence documents or photographs relevant to your case. Authentic video footage of the scene, proving that the traffic contravention didn’t happen can strongly influence the decision of the Cheshire West and Chester Council.

How Can I Challenge A Cheshire West and Chester Council PCN?

You can successfully challenge a Bus Lane PCN served in Cheshire West and Cheshire Council if you are aware of the brief list of Bus Lane traffic contraventions enforced on the roads of the council. These traffic contravention codes are enforced by the Bus Lane Contravention Regulations 2005 and are mentioned in the Road Traffic Regulation Act 1984. You should attempt to memorise these codes by relating them to the road junction or restricted location they are applicable to.

If you are able to recall the bus lane contravention code (say 34 J) in your head, each time you see the road junction where the code is enforced (even if the spot also has a no entry or bus lane sign ) you remain fully focused on trying to avoid the traffic violation. Your actions to steer clear of a no entry zone or bus lane depend on actively coordinating your thoughts with your actions at that precise moment.

You can mention the evasive actions you took to avoid a moving traffic contravention under mitigating circumstances. If the traffic contravention occurred due to reasons beyond your control and not due to carelessness or forgetfulness these circumstances can be accepted when supported by proper evidence.

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 West and Chester Council?

You can appeal against a PCN from the Cheshire West and Chester Council by post. You need to carefully compose a PCN appeal by mentioning the traffic contravention code you have breached and any efforts you made to avoid the mistake.  Each reason in your challenge must be accompanied by verifiable evidence documents, otherwise they will be rejected. Your PCN appeals letter should be addressed to the Cheshire West and Chester Council mentioning your PCN number and vehicle registration number. 

You can also include the text of the sections of the Road Traffic Regulation Act 1984, which the Cheshire West and Chester Council uses to enforce Bus Lane contraventions..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 West and Chester Council,

Parking Services,

The Portal,

Wellington Road,

Ellesmere Port,

CH65 0BA

You can also challenge your Cheshire West and Chester PCN online by clicking here

Your Cheshire West and Chester PCN appeal can be initiated 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).

You can view CCTV camera footage of your traffic contravention before constructing your PCN appeal.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 West and Chester 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. Evidence including maps, photos and videos can be attached online using the Cheshire West and Chester Council PCN Appeals Page

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

If the Cheshire West and Chester 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.

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You are advised to send in your PCN challenge within 14 days to avail the 50% discount on the fine charges in case your appeal is rejected by the Cheshire West and Chester Council. If you submit your Cheshire West and Chester PCN appeal before the 14th day, you will only have to pay £35 (or £25) if your PCN challenge fails.

How can I pay a PCN in Cheshire West and Chester Council?

You can pay a PCN in Cheshire West and Chester Council by using the postal service, by telephone, or online here

The PCN fine can be paid online on the Chester West and Chester Council’s official website This payment method saves time and is also more precise. 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 click on “Search” to view your PCN details and any CCTV photo or video evidence

To complete your fine submission online you also have to enter your payment card details in the next window after viewing your PCN evidence and details. You must remember to wait for 24 hours after your PCN is issued before attempting to pay it. 

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 West and Chester 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 West and Chester Council’s automated payments hotline by dialling: 0300 123 7029. 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 West and Chester Council also accepts PCN fine payments by post. You need to send a check or postal order to “Cheshire West and Chester”. 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 West and Chester Council,

Parking Services,

The Portal,

Wellington Road,

Ellesmere Port,

CH65 0BA

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 West and Chester Council?

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

The Penalty Charge Notice fine for a Cheshire West and Chester 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 West and Chester Council is £70. There is a 50% discount for paying it within 14 days, which reduces the fine to £35.

What will happen if I don’t pay a PCN from the Cheshire West and Chester Council within the 28-day limit?

If you neither pay nor decide to challenge your PCN from the Cheshire West and Chester 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 West and Chester Council..

So, 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 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 sanction the use of additional powers (to your council) for recovering the money from your possession. At the end of these 21 days, the council will be allowed to use enforcement agents to recover the unpaid PCN fine amount.

Can I Dispute A PCN from the Cheshire West and Chester Council with the Traffic Penalty Tribunal if the council dismisses my appeal?

Yes, you can dispute the decision of the Cheshire West and Chester 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 West and Chester 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 West and Chester Council, and your PCN number for which the appeal was rejected.

This challenge to an appeal dismissal by the Cheshire West and Chester 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 West and Chester 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 West and Chester Council.

Conclusion

This blog post addressed the question “How Can I Challenge A Cheshire West and Chester Council PCN?” A Cheshire West and Chester Council PCN can be challenged online by referring to a list of contravention codes saved on your computer as well as by uploading accurate evidence documents proving your mitigating circumstances. If you choose to send in your PCN challenge by post, you can write the contravention code down by hand and attach photographs (or a map) with the letter explaining how the traffic violation never occurred.

Citations

Parking Enforcement Guidance Cheshire West and Chester Council

Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) Regulations 2005

Road Traffic Act 1984 Section 25 Pedestrian Traffic Regulations

Road Traffic Act 1984 Section 81 General Speed Limit For Restricted Roads

Road Traffic Act 1984 Section 47 Offences relating to designated parking places

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