How Can I Challenge A Hertsemere PCN?
This blog serves to answer the question “How Can I Challenge A Hertsmere PCN?” A Hertsmere PCN challenge is incomplete without authentic evidence material to prove the grounds of your appeal. This blog also explains the procedure for recovering your impounded vehicle from the custody of the Herefordshire Police.
How Can I Challenge A Hertsemere PCN?
You need to assemble evidence relating to your Hertsmere PCN challenge before writing down the text of your appeal. This evidence may consist of medical certificates, pay and display tickets, authentic photographs or video footage of the traffic violation. It is necessary to preserve this evidence in digital form to keep it readily available for uploading with your Hertsmere PCN appeal. So you should regularly record your road journeys in the Hertsmere Borough Council as every day’s recording matters.
A family member or friend travelling with you can operate the digital camera or camcorder (which has a powerful digital zoom feature) to timely capture precious evidence relating to your potential traffic contravention. If you miss out this evidence, there is no other way of explaining your point of view regarding the alleged traffic violation or of arguing that the contravention never occurred (as the CCTV shows it did).
You have to submit your Hertsmere PCN Challenge online and you should preferably compose your formal representation on a word processing software such as MS Word before you type it into the online form, this method helps you to eliminate mistakes in your work. You might mention grounds for your appeal which indicate that you had forgotten about the contravention code in place at the location, which will destroy your Hertsmere PCN appeal. Not only can such grounds for your appeal not be backed by any evidence or be put forward as a legitimate reason to cancel your PCN but they also demonstrate a disregard for parking, Bus Lane and moving traffic contraventions enforced in the council.
You should remember that your PCN challenge can only be accepted if it focuses on your mitigating circumstances or if it successfully proves with authentic photographs, video footage or a paid parking permit that the traffic violation never occurred.
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.
What is the procedure for appealing against a Hertsmere PCN?
You can submit a formal representation to your Hertsmere PCN by writing a letter addressed to the Hertsmere Borough Council or by filling in the online formal representation form on the Hertsmere Borough Council website.
You need to brainstorm reasons to challenge a Hertsmere 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 the Hertsmere Borough Council. You need to visit the Hertsmere Borough council website to submit a formal representation to your PCN. You have to open this webpage to enter your PCN (reference) number and Vehicle Registration Number (VRM) . You need to click on “Next” 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 the Hertsmere Borough Council and for explaining your point of view of the events which took place at the traffic violation scene. 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 in Hertsmere Borough council (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 Hertsmere PCN challenge is by mail. You can appeal your Hertsmere PCN by writing down the grounds for your challenge on your Notice to Owner form and mailing it to the Hertsmere Borough Council. You can attach evidence documents or photographs to the form by using a stapler or paper clip. Your letter should mention your PCN number, date of issue of the PCN, your vehicle registration number and personal details.
You should remember to still view your PCN Details online (by entering your PCN number and vehicle registration number) before writing your Hertsmere PCN appeal. Your PCN appeals form and all accompanying evidence documents (enclosed in an envelope) need to be sent to:
Civic Offices, Borehamwood,
Hertsmere Borough Council,
Elstree Way,
Borehamwood,
Herts,
WD6 1WA
What Can I Do If My Vehicle has been towed away?
If your vehicle has been towed away from the Hertsmere Borough Council you need to call 101 to ask the Hertfordshire Constabulary about the matter. If your vehicle was towed away for violating your driving license rules, you should have received a form 3078 (seizure notice) by post. Your inquiry will be addressed by the Hertfordshire Constabulary staff and in case your vehicle has been towed away you will have to visit the Watford Police Station to get it released.
At the Watford Police Station you will be required to verify 2 kinds of ID documents such as a passport and a driving licence. You could also use 2 other combinations of documents such as your original birth certificate and your vehicle registration certificate. You should also have the insurance certificate for your vehicle and your V5C vehicle registration certificate (with you) unless this has already been used as one of the 2 ID documents.
Vehicles are seized by the Hertfordshire Constabulary under Section 165 A or the Road Traffic Act 1988 due to a violation of your driving license rules. You must remember to visit the Watford Police Station within 7 days of the date mentioned on your form 3078. The amount of money you will need to unclamp your vehicle includes a £200 release fee and storage charges of £20 per day.
So for example if your vehicle was towed away by a parking company 5 days ago, you will need (£20×5) + £200 = £400 to get it released from the vehicle pound. These vehicle release fees and storage charges are set under The Road Traffic Act 1998 (Retention and Disposal of Seized Motor Vehicles).
You should pay your Hertsmere Parking PCN online before visiting Bud Rescue and Recovery Services for paying your vehicle release fees and storage charges. But even if you just have £400 with you (for leaving your vehicle in the pound for up to 5 days), you can still pay the amount at Bud Rescue and Recovery Services to get your vehicle released before you pay the PCN fine. It is more important to collect your vehicle from the Watford Police Station, before paying your PCN fine because storage fees of £20 are being added every day and your vehicle will no longer be in the vehicle pound after 14 days.
You will have to pay your Hertsmere Parking PCN within 14 days when you recover your impounded vehicle, which will cost you only £35. Your vehicle pound charges can vary so it is best to get it removed from there as soon as possible. For each week your vehicle is left at Bud Rescue and Recovery Services you will have to pay £140 extra storage charges.
Once you contact the Herefordshire Constabulary by dialling 101 and tell them your vehicle registration number you will be guided to the Watford Police Station for recovering your impounded vehicle. The Herefordshire Constabulary has 3 designated police stations for verifying your identity documents. These are the Stevenage Police Station, the Watford Police Station and the Hatfield Police Station.
You will have to make the payment to release your vehicle from Bud Rescue and Recovery Services by visiting the location in person with at least £200 in cash or available as credit on your payment card.
Watford Police Station is located at this address :
Shady Lane,
Watford,
Hertfordshire,
WD17 1DD
You can visit Watford Police Station at any time between 08:00 am and 08:00 pm from Monday to Saturday. Watford Police Station is also open on Sundays from 10:00 am to 08:00 pm.
You should have the 2 ID Documents, a copy of form 3078, your vehicle’s MOT certificate, and your vehicle registration certificate (if this is not your ID document). After the Hertfordshire Constabulary staff has verified all these documents, your vehicle seizure notice will be stamped to authorise the release of the vehicle.
After this, you need to visit Bud Rescue and Recovery Services with the stamped seizure notice, to collect your vehicle. You can call Bud Rescue and Recovery services on 020 8868 9988 to confirm the status of your impounded vehicle by mentioning your vehicle registration number. Bud Rescue and Recovery Services is located at this address:
Bud World,
Noke Lane,
St. Albans AL32 3NY
You must remember to recover your vehicle from the custody of the Hertfordshire Constabulary before the 14th day. If you leave your vehicle at the Watford Police Station for more than 14 days, it might be crushed or sold by the Hertfordshire Constabulary.
How much is the PCN fine for each of the 3 kinds of PCNs served in Hertsmere Borough Council?
A Parking PCN in Hertsmere 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 Hertsmere 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
How Can I Pay my Hertsmere PCN fine?
You should be aware of the fact that you can only pay your Hertsmere PCN fine online. The PCN fine can be paid online on the Hertsmere Borough Council’s official website. Hertsmere Borough Council accepts Visa Card, Master Card, Visa Electron Card, Delta Card, Maestro Card and Solo Card for PCN payments.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 Hertsmere Borough Council.
You need to enter your vehicle registration number (VRM) and PCN (reference) number after opening this webpage to initiate the PCN fine payment online. After clicking “Next” you will be shown your Penalty Charge Notice information and in the next window, you can enter your payment card details. 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 Hertsmere Bus Lane PCN within 21 days, you will have to pay just £35.
What will happen if I don’t pay my Hertsmere 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 Hertsmere Borough Council. As per your driving license rules, you are bound to abide by Parking, Bus Lane, and Moving Traffic contravention codes in Hertsmere Borough Council.
If you neither pay your Hertsmere 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 Hertsmere 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 Hertsmere PCN with the Traffic Penalty Tribunal if the Hertsmere Borough Council dismisses my appeal?
Yes, you can dispute the decision of the Hertsmere 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 Hertsmere 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 Hertsmere 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 Hertsmere 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 Hertsmere Borough Council.
Conclusion
This blog post addressed the question “How Can I Challenge A Hertsemere PCN?” As a driver you must be fully aware of the contravention codes enforced at different locations along your daily route in the council. The financial benefits of having a £70 PCN fine cancelled should not be overlooked and you should follow up your PCN appeal with the Traffic Penalty Tribunal as well if the Hertsmere Borough council serves you a “Notice of Rejection of Representations”.