How Can I Challenge A Swansea PCN?
This blog serves to answer the question “How Can I Challenge A Swansea PCN? You can challenge a Swansea PCN by considering mitigating circumstances which affected your driving abilities that day. Any reason which includes mentioning forgetfulness of enforced contravention codes or a reason indicating a disregard for Parking Zone, Bus Lane or Moving traffic restrictions in place in Swansea Council must be avoided (in your appeal) by memorising these contraventions.
How Can I Challenge A Swansea PCN?
You can challenge a Swansea PCN by visiting the Swansea Council website. This way of appealing your PCN allows you to attach your own video recordings of the traffic violation scene. Your own video evidence can show how your vehicle did not breach a restricted street, bus lane or how it did not make a banned turn that day.
Challenging your PCN on the website also provides you with the opportunity for utilizing online information relating to the enforcement of the relevant contravention code in Swansea Council. This can be through a map of the council or from a list of contraventions enforced at specific locations in the council. These maps can also help you to correctly name the roads and town areas around your traffic violation scene.
Once you have seen your PCN from Swansea Council, you can write down the contravention code on paper to begin constructing your formal representation. This Parking, Bus Lane, or Moving Traffic contravention code should form the basis of your PCN challenge, as you either mention mitigating circumstances for your actions or attempt to prove that the traffic violation never happened.
It is necessary to attach authentic photos or video evidence to describe your version of events on the scene of the traffic violation The only way to have video clips showing your vehicle at the traffic contravention location is to constantly keep on recording video footage by employing the services of a friend or relative who travels with you. The importance of presenting this piece of evidence to the Swansea council must not be overlooked.
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 Swansea PCN?
You can submit a formal representation to your Swansea PCN by writing a letter addressed to Swansea Council or by filling in the online formal representation form on the website..
You need to brainstorm reasons to challenge a Swansea 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 Swansea Council. You need to visit the Swansea Council website to submit a formal representation to your PCN. You have to open this webpage to enter your PCN number and Vehicle Registration Number as well as a PIN Code (or web code) mentioned on your Penalty Charge Notice. You need to click on “Continue” 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 Swansea 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 Swansea council (by mixing up the contraventions) or reasons which involve forgetfulness to justify your actions, you can submit the formal representation.
You can also submit an informal representation to your Swansea PCN (CCTV Bus Lane PCN or a Parking PCN served by a CEO which had to be delivered by post) by accessing your PCN details here. To access the form you need to enter your PCN number and vehicle registration number on this page.
You have to fill out the informal representation form by typing your full name, email address, and the contents of your informal representation. Once you are sure that you have constructed a strong appeals case to make the council grant you a formal representation, you can submit your form. The informal appeals stage is applicable to PCNs sent by post.
Another way to send in your Swansea 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:
City and County of Swansea,
Civic Centre,
Oystermouth Road,
Swansea,
SA1 3SN
Which moving traffic contravention codes are enforced in Swansea Council?
The following moving traffic contravention codes are enforced in Swansea 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 street or road where restrictions are in place) 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 street or road where restrictions are in place)) 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 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 shown 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 street or road where restrictions are in place) 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 colored circle.
- Code 52 (Using a street or road where restrictions are in place) 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 street or road where restrictions are in place)) 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 street or road where restrictions are in place) 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 street or road where restrictions are in place) 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.
How Can I Pay My Swansea PCN fine?
You can pay a Swansea PCN by making a bank account transfer, on the online payments page, or by calling the Swansea Council’s automated payments hotline.
If you choose to make your PCN fine payment online, you should visit the Swansea Council website. On this page, you need to click on “Pay a Parking Fine Online” In the window which opens up you can enter your PCN number and the exact payable amount of your PCN to initiate your PCN fine payment. You have to click on “Add to List” to add your PCN to your payment checkout. Then you can click on pay at the bottom of the page and enter your payment card details.
You might want to call on Swansea Council’s automated payments hotline for paying your Penalty Charge Notice. To pay by this method you have to call on 0300 456 2765. On the call, you will need to enter your PCN number and your payment card details. You can use the * key to enter the letters in your PCN number. This payment hotline is available 24 hours a day, 7 days a week. You should wait to receive a confirmation code for your PCN payment before ending the call.
You can also pay your PCN fine directly into the Swansea Council’s bank account. Swansea Council’s Bank Transfer details are as follows:
Account Number: 0028 3290
Sort Code: 300-00-00
Bank Address:
Lloyds Bank PLC,
802 Oxford Street,
Swansea,
SA1 3AF
You must remember to mention your PCN number in your Bank Wire Transfer message, so that the payment can be allocated to your account.
How much is the PCN fine for each of the 3 kinds of PCNs served in Swansea Council?
A Parking PCN in Swansea 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 Swansea 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
What will happen if I don’t pay my Swansea 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 Swansea Council. As per your driving license rules, you are bound to abide by Parking, Bus Lane, and Moving Traffic contravention codes in Swansea Council.
If you neither pay your Swansea 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 Swansea 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 it 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 Swansea PCN with the Traffic Penalty Tribunal if the Swansea Council dismisses my appeal?
Yes, you can dispute the decision of the Swansea 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 Swansea 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 Swansea 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 Swansea Council. You must avail yourself 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 Swansea Council.
Conclusion
This blog post addressed the question “How Can I Challenge A Swansea PCN?” You should be aware of the implications of breaching a Parking, Bus Lane or Moving Traffic restriction enforced in Swansea Council. It is advisable to keep a map of the city council that states the contravention codes by location with you in your vehicle, or pasted on your dashboard so that you have a mental picture of these restrictions enforced along your daily route.
Citations
Traffic Management Act 2004 Schedule 7 Part 4 Moving Traffic Contraventions