This blog serves to answer the question “How Can I Challenge A Derby City Council PCN?” You must challenge a PCN which has been issued in disregard of your mitigating circumstances by attaching evidence documents such as medical certificates and video footage from the scene.

How Can I Challenge A Derby City Council PCN?

You need to simply access the Derby City Council website by clicking here. You will see 19 contravention codes displayed in separate boxes on the webpage. You need to verify which one applies to your PCN and do some online research on the contravention code and its implications. This will help you out in the next few steps of making your PCN challenge, as you will be able to figure out your mitigating circumstances or correct a wrong premise for challenging your PCN before submitting your form.

After selecting your contravention code, you will be shown a list of grounds for your appeal. Many of these reasons are incorrect and cannot be selected, it says you should pay your fine instead, under the reason. Derby City Council has compiled this list by using commonly mentioned reasons on PCN challenges. So once you have selected a reason such as “I was accessing a property off the road” for a bus lane entry contravention 34J, you should proceed to Challenge Your PCN

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Once you are sure you can comprehend the relevant Bus Lane, Moving Traffic or Parking contravention code and have eliminated any spontaneous reasons for your challenge you can upload evidence such as video footage from a digital camera, photographs, a written statement from a bystander or a pay and display ticket. 

You can also use a scanned copy of a map of the street where your Penalty Charge Notice was issued to indicate that you didn’t breach a bus lane during its operational hours. It saves time if you have already maintained a folder on your computer or laptop which contains video footage of your daily journey (which can be captured by a passenger with you) or medical certificates from your General Practitioner if you are suffering from Covid-19 and want to mention it under mitigating circumstances. This medical report should preferably be dated from before the day of the traffic violation because symptoms usually take time to become severe.

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. 

Can I Only Challenge A PCN from the Derby City Council on their official website?

Yes, you can only challenge a PCN from the Derby City Council by using the formal representation form on the council’s official website.  The informal challenge stage only applies to Parking PCN served by a CEO or to  a CCTV Bus Lane PCN. You can make an informal representation by using this form on the Derby City Council website. 

Your formal Derby City PCN appeal can be initiated by clicking on “Appeal A Notice To Owner letter” on this page. On the web page which opens you need to enter your PCN number and Vehicle Registration number (as well as a web code provided on your notice). 

Once you are ready to enter your appeal you can click “”Continue” to start your PCN challenge. 

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 a formal representation to be submitted to Derby City Council along with any material evidence attached through a scanner.

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 using the formal representation form on the Derby City Council website.

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

If the Derby City 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.

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 can I pay a PCN fine in Derby City Council?

You can pay a PCN fine in Derby City Council by telephone or online here

The Derby City Council website provides an online payment service for PCN fines. You need to open this webpage to access the Penalty Charge Notice payments portal. Your PCN number and vehicle registration number have to be entered on the Payments Reference Entry page. After you click on “Continue”  you will be required to provide your payment card details. Derby City Council accepts VisaCard, MasterCard, Maestro Card, DeltaCard and Electron Card.

You can also pay your PCN on the Derby City Council’s automated payments hotline by dialling: 0345 600 1982.. Next, you will be required to provide your payment card details, PCN Number, and vehicle registration number. This payment hotline is active 24 hours a day, 7 days a week.

For which traffic contraventions can I be served a Parking PCN in Derby City Council?

A Parking PCN is issued in Derby City 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.

How much is the PCN fine for each of the 3 kinds of PCNs served in Derby City Council?

The 3 kinds of PCNs served in Derby City Council are a Parking PCN, a Bus Lane PCN and a Moving Traffic PCN. 

The Penalty Charge Notice fine for a Derby City Council 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 Derby City 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 my Derby City PCN within the 28-day limit?

If you neither pay nor decide to challenge your PCN from the Derby City 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 Derby City 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 it will have to sanction the use of additional powers (to your council) for recovering the money from your possession.

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

Yes, you can dispute the decision of the Derby City 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 Derby City 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 Derby City Council, and your PCN number for which the appeal was rejected.

This challenge to an appeal dismissal by the Derby City 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 Derby City 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 Derby City Council.

Conclusion

This blog post addressed the question “How Can I Challenge A Derby City Council PCN?” The Derby City Council website allows you to specify the traffic contravention which you had breached at the time your PCN was issued and also choose from a list of acceptable grounds for its appeal. You can also further dispute a Notice of Rejection of Representations from the Derby City Council with the Traffic Penalty Tribunal if you feel your reasons for the challenge (backed by material evidence) were not fairly evaluated.