How Can I Challenge an East Sussex PCN?
This blog serves to answer the question “How Can I Challenge an East Sussex PCN?” Evidence relating to your road presence in East Sussex County must be preserved by storing video logs of your journeys and scanned copies of pay and display tickets on your computer. Your East Sussex County Council PCN can be challenged again in the presence of expert and independent adjudicators at the Traffic Penalty Tribunal after being served a “Notice of Rejection” from the East Sussex Council.
How Can I Challenge an East Sussex PCN?
Once you have seen your PCN from East Sussex County Council, you can write down the contravention code on paper to begin constructing your formal representation. This Parking, Bus Lane, or Moving Traffic contravention 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. Video footage and still photographs from inside the vehicle (taken on the scene) can also show for instance, how you tried to apply the brakes to your vehicle on time or to steer it properly in the correct direction.
Similarly, mitigating circumstances for Bus Lane and Moving Traffic contraventions can also be explained by still photographs or videos recorded from inside your vehicle. These should preferably be made in high quality to clearly communicate details regarding the position of your vehicle at a road junction or inside a parking space.
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 East Sussex County Council?
You can appeal against a PCN from the East Sussex County Council by writing a formal representation letter. The informal challenge stage only applies to Parking PCN served by a CEO or to a CCTV Bus Lane PCN. You can write a PCN appeal to the council mentioning your PCN number and vehicle registration number.
In this letter, you can include the text of the sections of the Traffic Management Act 2004 or the Road Traffic Act 1984 relating to your case. The PCN appeal should also be signed and dated by you on the last page. You might want to watch this informational video from the British Parking Association before challenging your PCN. This letter along with any documents, pay or display tickets, or photographs attached as proof needs to be sent to:
Parking Team,
Eastbourne Library,
Grove Road,
Eastbourne,
BN21 4TL
You can also challenge your East Sussex PCN online by clicking here. On this webpage, you need to enter your PCN number and Vehicle Registration number and click “Search” to start your PCN challenge. . This payments and appeals service has the same account so you must be careful not to click on the PCN payment option after you log in.
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 East Sussex County Council along with any material evidence.
So you can take 3 to 4 days for recollecting your thoughts about the traffic violation incident and even check your vehicle to recall the position in which it was parked that day. Evidence including photos and videos can be attached online using the East Sussex County Council website.
You can also submit an informal representation to your East Sussex County PCN (CCTV Bus Lane PCN or Parking PCN served by a CEO) by email. You have to fill out this 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 East Sussex County 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.
What Can I Do If My Vehicle has been towed away?
If your vehicle has been towed away from the East Sussex County Council you need to call 101 to ask the Sussex Police 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 Sussex Police staff and in case your vehicle has been towed away you will have to visit the Hastings Police Station to get it released.
Next, you will be required to verify 2 kinds of ID documents such as a passport and a driving licence at the vehicle pound. 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 Sussex Police 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 vehicle pound 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 3 days ago, you will need (£20×3) + £200 = £260 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 East Sussex County Council Parking PCN online before collecting the vehicle from the pound at the Hastings Police Station. But even if you just have £200 or £260 with you (for leaving your vehicle in the pound for up to 3 days), you can still pay the amount at the vehicle pound and claim your vehicle. It is more important to collect your vehicle from the Hastings Police Station than to pay 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.
As you will have to pay your Parking PCN within 14 days when you are recovering your impounded vehicle, it 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 in the pound you will have to pay £140 extra storage charges.
Once you contact the Sussex Police by dialling 101 and tell them your vehicle registration number you will be guided to the Hastings Police Station for recovering your impounded vehicle.
You will have to make the payment to release your vehicle from the Hastings Police Station by visiting the location in person with at least £200 in cash or available as credit on your payment card. The Sussex Police accepts Visa Card, Master Card, Maestro Card, and Solo Card for the payment of vehicle release and storage charges.
Hastings Police Station is located at this address :
Bohemia Road,
Hastings,
East Sussex TN34 1JJ
You can visit Hastings Police Station at any time between 9:30 am and 5:30 pm from Monday to Friday. Hastings Police Station is closed on weekends. Staff from the Sussex Police will be available at the pound to address your queries and for receiving the vehicle release charges.
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).
If your vehicle has been towed away you need to go to the vehicle pound with a cash payment or payment card for payment of vehicle release charges and any vehicle storage expenses (incurred by the vehicle pound). Next, you need to pay the required charges and your vehicle is free. You must remember to recover your vehicle within 7 days from the vehicle pound. If you leave it there for more than 14 days the car might be scrapped or sold.
If you wish to dispose of your vehicle instead, you will have to visit Hastings Police station within 14 days to pay the “statutory recovery fee” which consists of storage charges of £20 per day and a disposal fee. If you fail to make this payment by the 14th day, the Sussex Police will pass on your case to Enforcement Agents and will obtain a court order for the recovery of debts against you.
What is a Penalty Charge Notice?
A Penalty Charge Notice is a fine or monetary penalty for driving offences. A PCN can be issued for any legal traffic contravention, such as a parking contravention, moving traffic contravention or bus lane violation.
The charges of your PCN will also vary depending on whether it has been issued for a higher-level violation or for a lower-level violation. A PCN may also be served for refusing to pay road charges.
A PCN may be issued by a Civil Enforcement Officer or by CCTV. You will be given 28 days to respond to a Penalty Charge Notice.
If you fail to pay the fine or appeal it, you will be sent a charge certificate which increases the PCN fine by 50% of its original value.
How much is the PCN fine for each of the 3 kinds of PCNs served in East Sussex County Council?
The 3 kinds of PCNs served in East Sussex County Council are a Parking PCN, a Bus Lane PCN and a Moving Traffic PCN.
The Penalty Charge Notice fine for an East Sussex 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 £70 and if you pay it within 21 days, you just have to pay £35. The PCN fine for a moving traffic PCN in East Sussex County Council is £70. There is a 50% discount for paying it within 14 days, which reduces the fine to £35.
How can I pay a PCN in the East Sussex County Council?
You can pay a PCN in the East Sussex County Council through the postal service, by telephone, in person or online here
The East Sussex County Council website has a system for viewing your PCN details before paying the PCN. You need to open this webpage to access the Penalty Charge Notice payments system. Your PCN number and vehicle registration number have to be entered to initiate the payment process.
Once you click “Search” you will be directed to your online PCN, where you can choose to pay for it. In the next window, you will be required to provide your payment card details. East Sussex County Council accepts VisaCard, MasterCard, Maestro Card, DeltaCard, and Electron Card for PCN payments.
You can also pay on the East Sussex County Council’s automated payments hotline by dialling: 0345 658 5500. Next, you will be required to provide your payment card details, PCN Number, and vehicle registration number. You can enter your PCN number by replacing the letters with the * key. This payment hotline is active 24 hours a day, 7 days a week.
The East Sussex County Council also accepts PCN fine payments by post. You can send a check, postal order, or bank draft payable to “East Sussex County Council”. You have to write down your PCN Number and Vehicle Registration Number on the back of your check or postal order.
Send your PCN payment to this address:
Parking Team,
Eastbourne Library,
Grove Road,
Eastbourne,
BN21 4TL
The East Sussex County Council also accepts PCN fine payments in person. For this purpose, you need to visit the Battle Library, the Bexhill Library, the Eastbourne Library, the Hastings Library, the Lewes Library, or the Rye Library to pay your PCN fine in cash, by payment card, or by check/postal order.
What will happen if I don’t pay my East Sussex PCN within the 28-day limit?
If you fail to pay your East Sussex 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 East Sussex County Council.
When the charge certificate is 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 PCN from the East Sussex County Council with the Traffic Penalty Tribunal if the council dismisses my appeal?
Yes, you can dispute the decision of the East Sussex County 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 East Sussex County 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 East Sussex Council, and your PCN number for which the appeal was rejected.
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 the East Sussex County Council in adjudicating your case.
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 East Sussex County Council.
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 East Sussex County Council.
Conclusion
This blog post addressed the question “How Can I Challenge an East Sussex PCN?” You need to recall the events leading up to your traffic contravention before composing a PCN challenge. These details might contain evidence of some mitigating circumstances which affected your actions that day, which you may have missed out on earlier. Evidence material relating to each one of the grounds of your PCN appeal to the East Sussex County Council must be attached or uploaded along with your formal representation.
Citations
Hastings Library East Sussex County
Rye Library East Sussex County