How Can I Challenge A Solihull PCN?

This blog serves to answer the question “How Can I Challenge A Solihull PCN?” A thorough knowledge of the parking, bus lane and moving traffic contravention codes enforced on different locations in Solihull Council is essential preparation for challenging a Solihull PCN. The blog mentions a list of Parking contravention codes enforced in Solihull Council

How Can I Challenge A Solihull PCN?

You need to think about the scene of your traffic violation, and ascertain if you can recall any mitigating circumstances such as avoiding a collision with an oncoming vehicle or if you remember any specific actions you took to steer your vehicle away from the danger zone. All these thoughts and mental pictures need to be properly supported by authentic evidence material which can only be a video recording of the incident, which shows you driving the vehicle and describing (through words) how you are trying to move your vehicle in the correct direction.

If you go through the video clip and find that you managed to avoid breaching the traffic contravention, you can mention this as a grounds for your Solihull PCN challenge and upload the video as evidence. You need to make sure that your recording’s date stamp matches with the date and time of your traffic violation and that the original video recording is transferred onto your computer first. This video clip may be edited for reducing its size if you wish to do so.

A Solihull PCN can be challenged by using the formal representation form on the council website. Before accessing this form you should be certain of the grounds for your PCN appeal and prepare the text of your challenge on a word processing software such as MS Word. This will help you to eliminate any incorrect reasons for your challenge, which do not conform to the official language of the contravention code or have nothing to do with the traffic violation.

The relevant grounds for your appeal can then be matched with authentic evidence such as video footage showing your vehicle successfully avoiding a no entry zone or not breaching a bus lane during its operational hours. The date stamp on the recording should match that of the CCTV video provided by the Solihull Council or the time frame of your alleged traffic violation.

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 Solihull PCN?

You need to begin your PCN challenge by recalling the events which led to your traffic violation and by listing down any mitigating circumstances which affected your actions that day. Only events and mitigating circumstances which can be explained by using photo or video evidence or other documents such as medical certificates (already in your possession) should be considered as grounds for an appeal.

Some details might occur to you a day or two after the incident as the information sinks in to reveal minute details. It is advisable to allow yourself upto 4 days for carefully reviewing all the facts regarding your Parking, Bus Lane or moving traffic contravention. If you are sure that the relevant contravention code was never breached, you can simply attach photo or video evidence or an (authentic) written statement from a bystander present at the scene with your Solihull PCN challenge.

You need to visit the Solihull Council website to submit a formal representation to your PCN. You can challenge your Solihull PCN online by clicking here In the window which opens up, you have to enter your PCN number and the contravention code number mentioned on your PCN.. You need to be sure of this contravention code’s type as well, to successfully compose a PCN appeal,as the same contravention code number can be used for indicating  2 or 3 different moving traffic restrictions.

Once you have entered these details, you can click on continue to initiate your PCN challenge after viewing online CCTV evidence relating to your traffic violation.

It is essential to upload authentic evidence material with your PCN challenge to describe your mitigating circumstances to the Solihull Council and for explaining your point of view of the events which took place on 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 Solihull 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 Solihull PCN challenge is by mail. You can write down a formal representation on paper and 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. 

Evidence to support your formal representation can be attached to the form by using a stapler or paper clip. Your PCN appeals form and all accompanying evidence documents (enclosed in an envelope) need to be sent to:

Parking Enforcement,

Solihull MBC,

Council House,

Solihull,

B91 9QT

If the Solihull 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.

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

A Parking PCN is issued in Solihull 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 Solihull Council?

A Parking PCN in the Solihull 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 Solihull 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 a PCN in Solihull Council?

You can pay a PCN in Solihull Council on the online payments page, or by calling on the Solihull Council automated payments hotline.

If you prefer to make your PCN fine payment online, you can visit the Solihull Council website. To pay a parking PCN fine, you need to click here. On the window which opens up, you need to simply enter your PCN number and click on “Validate”. On the next webpage you have to enter your payment details to pay the Parking PCN.

 For paying a bus lane or moving traffic PCN, you should click here. On the window which opens up, you need to enter your Bus Lane or Moving Traffic PCN number, and click on “Validate”. After this you will be required to enter your credit or debit card payment details

The Solihull Council accepts Mastercard, Visa Card, Maestro Card, Solo Card and Visa Electron card for PCN fine payments. Diners card and American Express card are not accepted for making PCN payments. Once you have entered your credit or debit card number, expiry date and the name on the card, you can proceed to paying your fine. It must be noted that paying your Solihull PCN eliminates any possibility for challenging the Penalty Charge Notice.

Your Solihull PCN can also be paid by calling on the telephone payments service. You have to dial 0300 456 0502 and enter your PCN number by using a * sign for the letters in the code. After this you will have to enter your payment card details. This automated payments service is available 24 hours a day, 7 days a week. You should wait to receive a confirmation code before ending your call.

What will happen if I don’t pay my Solihull 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 Solihull Council. As per your driving license rules, you are bound to abide by Parking, Bus Lane and Moving Traffic contravention codes in Solihull Council.

If you neither pay your Solihull 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 Solihull 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 Solihull PCN with the Traffic Penalty Tribunal if the Solihull Council dismisses my appeal?

Yes, you can dispute the decision of the Solihull 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 Solihull 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 Solihull 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 Solihull 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 Solihull Council.

Conclusion

This blog post addressed the question “How Can I Challenge A Solihull PCN?” The focus of your PCN challenge will differ from proving that you had properly attached a pay and display ticket to your vehicle or parked it correctly within its designated parking space (for a Parking PCN) to demonstrating your mitigating circumstances for breaching a bus lane during its operational hours (for a Bus Lane PCN). All these different kinds of contravention codes require specific focal points to compose your PCN challenge around, which needs to be carefully selected given your available evidence material.