How Can I Challenge A Medway PCN?
This blog serves to answer the question “How Can I Challenge A Medway PCN?” You should have a basic awareness of the contravention codes enforced on the locations along your daily route in Medway Council. The blog also emphasises why you need to actively prepare for challenging a PCN beforehand to avoid committing mistakes such as mentioning spontaneous or false grounds for your appeal.
How Can I Challenge A Medway PCN?
The first step in composing your appeal is to study the contravention code mentioned on your Penalty Charge Notice. For instance, you have been served a CCTV bus lane PCN with the contravention code 34 M or 34 F, which means your vehicle has been spotted inside a bus lane during its operational hours. You can contest the PCN by mentioning that you had to access a property (on an offset bus street lane) that can only be reached by taking that route.
To prove this you can provide a map of the area which clearly shows your route leading to the property entrance. For confirming that this property belongs to you or to a relative of yours, you can provide their contact details as well.
To challenge moving traffic PCNs you can state mitigating circumstances which affected your driving abilities. The error should preferably be a slight movement towards a no-entry zone, where you realised your mistake and attempted to steer your vehicle along the correct route. This series of actions need to be explained with the help of video footage taken from a digital camera at the traffic violation scene.
You should create a habit of recording your road trips on film by employing the assistance of a relative or friend travelling with you.
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 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.
Can I Only Challenge A Medway PCN on the official website?
Yes, you can only challenge a Medway PCN on the official website
Your Medway PCN appeal can be initiated by clicking here. On this webpage, you need to enter your PCN number and Vehicle Registration number and click ”Next” 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 an appeals letter to be submitted to the Medway Council along with any material evidence.
So you can take 3 to 4 days for recollecting your thoughts about the traffic violation incident and use a map of the area (where your traffic violation occurred) as a reference to explain in which direction you intended to steer your vehicle. This map should also be accompanied by some photo or video media showing your actions inside the vehicle at that moment. Evidence including photos and videos can be uploaded by accessing the Medway Council PCN database.
You can also submit an informal representation to your Medway PCN (CCTV Bus Lane PCN or Parking PCN served by a CEO) by accessing your PCN details here. Once you have entered your PCN number and vehicle registration number and clicked “Next” you have to click on Informal Representation on the following webpage.
After this, you can fill out the informal representation form by typing your full name, email address, and the contents of your informal representation. Once you are done, you can click “submit”. The informal appeals stage is applicable to PCNs sent by post.
You have to make the challenge to your PCN within 28 days of receiving it,
If the Medway 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.
Which moving traffic contravention codes are enforced in Medway Council?
The following moving traffic contravention codes are enforced in Medway Council:
- Code 31 Entering and stopping your vehicle inside a box junction or preventing vehicles behind you from moving out of a box junction. A vehicle may pause at a box junction for a certain period of time in order to make a right turn at the traffic signal.
- Code 32 (Left turn) Failing to steer your vehicle or guide your vehicle in the direction of an arrow shown inside a blue colored sign.
- Code 32 ( Left turn ahead) Failing to slow your vehicle or steer it correctly into the approaching sharp left turn on the road. This direction is displayed on a traffic sign by a (left curved) white arrow enclosed in a blue colored sign.
- Code 32 (One way traffic) Failing to drive on the correct side of the road or approaching the (one way) lane from the opposite side. This traffic sign is indicated by an upward pointing white arrow enclosed in a blue colored sign.
- Code 33 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a bus and cycle (only) lane. This traffic sign is indicated by a depiction of a bus and a cycle above it.
- Code 33 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a tramcar only road or street. This traffic sign shows a depiction of a tramcar, enclosed in a blue colored sign.
- Code 37 is applied to charge vehicles for failing to leave a space for vehicles moving in the opposite direction. The sign indicates a priority to be given to vehicles from the other direction on the road which means slowing down and keeping your car aligned to the left side of the road. The road sign shows a larger black colored arrow pointing downwards to the right of a smaller red colored arrow pointing upwards.
- Code 37 (Giving way to oncoming vehicles) indicates drivers to give way to vehicles moving in the opposite direction. The road sign for the contravention has the following sentence printed in black “Give way to oncoming vehicles”
- Code 38 indicates drivers to keep their vehicles on the left or right side of the road. This moving traffic contravention is indicated by a downward pointing arrow tilted toward the left side or a downward pointing arrow tilted toward the right side.
- Code 50 (Making a banned turn) This contravention code indicates no right turn for vehicular traffic . The road sign for the traffic contravention is indicated by a red prohibition symbol on a right curved black arrow
- Code 50 (Making a banned turn) This contravention code indicates no left turn fpr vehicular traffic. The road sign for the traffic contravention is indicated by a red prohibition symbol on a left curved black arrow.
- Code 50 (Making a banned turn) This contravention code indicates the prohibition of a U-turn at the location. The road sign for this traffic contravention displays a red prohibition symbol on an (n shaped) arrow which shows a vehicle making a u turn.
- Code 51 ( Not following a no entry sign) This contravention code indicates the breach of a no entry sign.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a lane only used by non-mechanically propelled vehicles used by pedestrians. This traffic sign is indicated by a red coloured circle.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on motor vehicles entering a certain street. This traffic sign is indicated by the depiction of a motorbike above a car.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on all motor vehicles except solo motorcycles. This traffic sign is indicated by the depiction of a car.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on all motor vehicles except cars. This traffic sign is indicated by the depiction of a motorcycle.
- Code 52 (Using a restricted street or road) Failing to adhere to the restrictions on goods vehicles exceeding the maximum weight limit.. This traffic sign is indicated by the depiction of a goods vehicle with the weight limit, in tonnes stated inside the vehicle symbol
- Code 53 (Using a restricted street or road) Failing to adhere to the restrictions on vehicles entering a pedestrian only lane. This traffic sign is indicated by a sign displaying the words “Pedestrian Zone” above a circle containing a motorcycle and a car the days for the Pedestrian Zone restrictions to be applicable are stated under the sign. There are specific operational hours for loading vehicles under these restrictions stated under the sign.
- Code 54 is applied on vehicles failing to comply with a sign indicating restrictions on entering into and waiting inside a restricted zone. This traffic sign is indicated by a red coloured circle and another circle to its left containing a car and motorcycle. There are 2 different “pedestrian zone” signs displayed side by side containing these circles.
- Code 54 (alternate signs) is applied on vehicles failing to comply with a sign indicating restrictions on entering into and waiting inside a restricted zone. This traffic sign is indicated by 2 red coloured circles displayed side by side above the words “no vehicles”. There are 2 different “pedestrian zone” signs displayed side by side containing these circles.
How much is the PCN fine for each of the 3 kinds of PCNs served in Medway Council?
The 3 kinds of PCNs served in Medway Council are a Parking PCN, a Bus Lane PCN, and a Moving Traffic PCN.
The Penalty Charge Notice fine for a Medway 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 14 days, you just have to pay just £25.
If you pay a Bus Lane PCN within 28 days, you will be charged £60 and if you pay it within 21 days, you just have to pay £30. The PCN fine for a moving traffic PCN in Medway Council is £70. There is a 50% discount for paying it within 14 days, which reduces the fine to £35.
How can I pay my Medway PCN?
You should be aware of the fact that you can only pay your Medway PCN fine online. The PCN fine can be paid online on Medway Council’s official website (using Visa Card, Master Card, Direct Debit, or Maestro Card) 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 Medway Council.
You need to enter your vehicle registration number and PCN 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 Medway Bus Lane PCN within 21 days, you will have to pay just £30.
What will happen if I don’t pay my Medway PCN within the 28-day limit?
If you fail to pay your Medway 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 Medway Council.
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 Medway PCN with the Traffic Penalty Tribunal if the Medway Council dismisses my appeal?
Yes, you can dispute the decision of the Medway 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 Medway 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 Medway 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 Medway Council. You must avail 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 Medway Council.
Conclusion
This blog post addressed the question “How Can I Challenge A Medway PCN?” As your Medway PCN challenge can only be submitted online, you should maintain a folder on your computer which contains scanned copies of pay and display tickets, medical certificates for your health problems, and a video log of your vehicle commutes in Medway council. Your PCN appeal should be professionally worded mentioning specific details regarding any mitigating circumstances and should contain evidence of why you are suggesting the traffic violation never occurred.