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How Can I Challenge A Kensington and Chelsea PCN?

By HuutiMoney
Page last updated: 08/31/2022 | Next review date: 08/31/2024
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This blog answers the question “How Can I Challenge a Kensington And Chelsea PCN?” A Kensington and Chelsea PCN can also be challenged with the Traffic Penalty Tribunal after the council rejects your PCN appeal. This blog states the grounds on which a Bus Lane CCTV PCN and a Parking PCN can be challenged in the Royal Borough of Kensington and Chelsea.

How Can I Challenge A Kensington and Chelsea PCN?

A Kensington and Chelsea PCN should be challenged by mentioning the established grounds for disputing a Parking, Bus Lane, or Moving Traffic PCN. in your appeal. A copy of these acceptable reasons for contesting a Penalty Charge Notice should be kept handy for future reference,

 You can challenge a PCN if you had a medical emergency and had to leave your vehicle unattended or parked in a position obstructing traffic. A medical certificate from your General Practitioner needs to be attached to your appeal as evidence of your health condition. You may have stopped your vehicle on double yellow lines because the vehicle had broken down on the spot. Once again you will need to provide photographic evidence of the time your vehicle broke down and proof that you ended up getting your vehicle repaired after the incident. In this case, your vehicle insurance or MOT certificate might be checked.

Even if your appeal is dismissed by the “Royal Borough of Kensington and Chelsea” you can challenge the “Notice of Rejection” with the Traffic Penalty Tribunal. Here again, you have to formulate an online PCN appeal and also attach scanned documents or photographs as 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 “Royal Borough of Kensington and Chelsea”?

You can appeal against a PCN from the “Royal Borough of Kensington and Chelsea” online by visiting the https://www.rbkc.gov.uk/ website. You need to navigate to the following page on the website Kensington and Chelsea PCN. Next, you should read the instructions and important questions regarding a PCN challenge on the page. After this click on “Submit a Challenge or Representation” under the Submit Evidence section. On the next page which opens enter your PCN number and Vehicle Registration Number to start 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 addressed to your council later, along with any material evidence if possible. Evidence including photos and videos can be attached online using the Kensington and Chelsea council’s online appeals form.

Since 1st March 2022 PCNs issued in the “Royal Borough of Kensington and Chelsea” can only be challenged online. So there is no option to submit your Formal Representation to a Kensington and Chelsea PCN through the postal service. Even if you are unable to connect to the PCN appeals page or end up wasting your time in doing so, you will still have to pay the PCN charges within 28 days to avoid further penalties.

On what grounds can I challenge a Bus Lane CCTV PCN from the “Royal Borough of Kensington and Chelsea”?

You can challenge a Bus Lane CCTV PCN from the “Royal Borough of Kensington Chelsea” on the following grounds :

  • You did not enter a bus lane during operational hours and the CCTV has wrongly charged you with a PCN as you were just trying to access premises next to the bus lane
  • You did not ignore or disregard a “no entry” sign for a bus lane.
  • Your vehicle was not left parked in a bus lane during its operational hours. This could be because you are no longer the owner of a vehicle and have recently sold it to someone else.

What are the higher-level offences for a Royal Borough of Kensington and Chelsea parking PCN?

The higher-level offences for a Royal Borough of Kensington and Chelsea parking PCN are as follows:

  • Your vehicle was parked in a restricted street during operational hours
  • You left your vehicle parked in a residential parking bay without displaying a pay and display ticket or another parking permit
  • Your vehicle was parked in a parking zone which is reserved for police vehicles
  • Your vehicle was stopped on a taxi rank
  • Your vehicle had failed to follow a restriction order for vehicles to enter a pedestrian zone
  • Your vehicle was parked with one or more wheels positioned over a footpath
  • Your vehicle exceeds the permitted height or length of a vehicle which can be parked in the area
  • Your parked vehicle is interrupting the flow of traffic..

What are the lower-level parking contraventions for a Royal Borough of Kensington and Chelsea PCN?

The lower-level contraventions (with an £80 fine) for a Royal Borough of Kensington and Chelsea parking PCN, are as follows :

  • Your vehicle is still parked in a parking zone when its indicated time limit has expired
  • Your vehicle was parked with payment made to extend its stay in the parking zone beyond the original parking permit time
  • Your vehicle was parked in the same parking zone within one hour of leaving the zone.
  • Your vehicle was parked in a disc parking space without clearly displaying the parking disc
  • Your vehicle has been left parked with its engine on, in a parking space where this is prohibited.
  • Your vehicle was parked in a parking space without any pay and display ticket or paying any parking charge whatsoever.
  • Your vehicle was not parked within the correct markings of a parking bay or parking space and a full wheel of your vehicle was outside the parking space for your vehicle.

How much is the PCN fine for each of the 3 kinds of PCNs served in the Royal Borough of Kensington and Chelsea?

The 3 kinds of PCNs served in the Royal Borough of Kensington and Chelseal all have charges of £130 if paid within 28 days. A lower level parking PCN fine is £50 lesser than a higher level parking PCN, at £80.

The Penalty Charge Notice fine for a Kensington and Chelsea Parking PCN is set at £130 for a higher level traffic violation and at £80 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 £65. Similarly, if you pay your lower level parking PCN within 21 days, you just have to pay £40.

If you pay a Bus Lane PCN within 28 days, you will be charged £130 and if you pay it within 21 days, you just have to pay £65. The PCN fine for a moving traffic PCN in the Royal Borough of Kensington and Chelsea is £130. There is a 50% discount for paying it within 14 days, which reduces the fine to £65.

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 my Kensington and Chelsea PCN fine?

You can pay your Kensington and Chelsea PCN by telephone or online.

If you want to pay online, you have to enter your PCN number and your vehicle registration number along with your payment card details. The Kensington and Chelsea Council website provides an online payments service for PCN fines. You need to click on “Pay It Online” after opening this webpage

If you are having trouble in connecting to the Kensington and Chelsea payments system you can pay on the Kensington and Chelsea Council’s automated payments hotline by dialling: 020 7361 4380. 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.

From 1st March 2022, Penalty Charge Notices can only be paid by telephone or via the council’s online payment service.

What will happen if I don’t pay my Kensington and Chelsea PCN within the 28-day limit?

If you fail to pay your Kensington and Chelsea PCN within 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 recovery of debts) against you by the Royal Borough of Kensington and Chelsea.

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 use additional powers to recover the money from your possession.

Can I Dispute A Kensington and Chelsea PCN with the Traffic Penalty Tribunal if the council dismisses my appeal?

Yes, you can dispute the decision of the Kensington and Chelsea 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 Kensington and Chelsea 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 Royal Borough of Kensington and Chelsea, and your PCN number for which the appeal was rejected.

This challenge to Kensington and Chelsea Council’s PCN appeal dismissal 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.

Scanned copies of evidence to strengthen your case such as a pay and display ticket 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 Kensington and Chelsea 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 Royal Borough of Kensington and Chelsea.

Conclusion

This blog post addressed the question “How Can I Challenge A Kensington and Chelsea PCN?” Your Kensington and Chelsea PCN should first be disputed with the council by entering an appeal on the RBKC website (as the postal appeals option is suspended from 1st March 2022). If this challenge to your Kensington and Chelsea PCN is rejected, you can further appeal the “Notice of Rejection of Representations” with the Traffic Penalty Tribunal. This second shot at challenging your PCN allows you to add more evidence to your case and offers you an opportunity to contest the decision of your council with a panel of expert traffic adjudicators.