This blog serves to answer the question “How Can I Challenge An Elmbridge PCN?” You should avoid grounds for your appeal which fail to demonstrate any efforts to prevent the traffic contravention which resulted in the Penalty Charge Notice. The blog contains details on recovering your impounded vehicle from the Surrey Police by visiting Elmbridge Police Station.

How Can I Challenge An Elmbridge PCN?

You should take your time in compiling the reasons for your challenge by studying the relevant contravention code and gathering evidence relating to your traffic violation. Keeping records of pay and display tickets, paid PCN fines, and maintaining a digital record of your road presence in Elmbridge Borough Council can come in handy when searching for evidence to back the grounds of your PCN challenge.

Mitigating circumstances stated as grounds for your PCN appeal can include a health condition serious enough to influence your ability to operate your vehicle. But your appeal should not involve reasons which display a lack of urgency or seriousness on your part, to avoid committing the traffic contravention. If you want to avoid mistakes in your formal representation, you should save a list of the traffic contravention codes in the council classified by their location. This can be used to avoid the embarrassment of mentioning false grounds for your appeal. 

You should prepare a checklist of all the evidence you wish to attach with your PCN challenge and tick off each item after uploading it along with your formal representation form. 

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. 

Can I Only Challenge A PCN from the Elmbridge Borough Council on the official website?

Yes, you can only challenge a PCN from the Elmbridge Borough Council on the official website

Your Elmbridge PCN appeal can be initiated by clicking here. On this webpage, you need to enter your PCN number and click “Next” to start your PCN challenge. On the next page, you will be required to enter your Vehicle Registration Number. 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 Elmbridge Borough 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. If you were driving with a passenger, their observations of the scene from the back seat of your vehicle could also help you to explain exactly what happened. Evidence including photos and videos can be attached online using the Elmbridge Borough Council website

You have to make the challenge to your PCN within 28 days of receiving it.

If the Elmbridge Borough 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.

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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 a period of 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.

What Can I Do If My Vehicle has been towed away?

If your vehicle has been towed away from the Elmbridge Borough Council you need to call 101 to ask the Surrey 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 Surrey Police staff and in case your vehicle has been towed away you will have to visit the Elmbridge 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 Surrey 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. This vehicle release and storage charges are set under The Road Traffic Act 1998 (Retention and Disposal of Seized Motor Vehicles).

You should pay your Elmbridge Borough Council Parking PCN online before collecting the vehicle from the pound at the Elmbridge 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 Elmbridge 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 Surrey Police by dialling 101 and tell them your vehicle registration number you will be guided to the Elmbridge Police Station for recovering your impounded vehicle.

You will have to make the payment to release your vehicle from the Elmbridge Police Station by visiting the location in person with at least £200 in cash or available as credit on your payment card. The Surrey Police accepts Visa Card, Master Card, Maestro Card, and Solo Card for the payment of vehicle release and storage charges.

Elmbridge Police Station is located at this address :

Elmbridge Police Station,

High Street,

Esher,

Surrey,

KT10 9SD

You can visit Elmbridge Police Station at any time between 9:00 am and 5:00 pm from Monday to Friday. Elmbridge Police Station is closed on weekends. Staff from the Surrey Police will be available at the pound to address your queries and for receiving the vehicle release charges. You must remember to be courteous to the police officers at the Elmbridge Police Station, as your vehicle might be freed in a period of up to 2 or 3 hours.

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). After all these documents have been verified by the Surrey Police staff, your vehicle seizure notice will be stamped to authorise the release of the vehicle.

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 by the Surrey Police. 

How much is the PCN fine for each of the 3 kinds of PCNs served in Elmbridge Borough Council?

The 3 kinds of PCNs served in Elmbridge Borough Council are a Parking PCN, a Bus Lane PCN, and a Moving Traffic PCN. 

The Penalty Charge Notice fine for an Elmbridge 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 Elmbridge Borough 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 from the Elmbridge Borough Council?

You should be aware of the fact that you can only pay your Elmbridge PCN fine online. The PCN fine can be paid online on the Elmbridge Borough Council’s official website (using Visa Card, Master Card, Direct Debit, or Maestro Card) This payment method saves time and is also more precise. 

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 Elmbridge Council. 

You need to enter your vehicle registration number after opening this webpage to initiate the PCN fine payment online. After clicking “Next” you will be required to enter your PCN number. To complete your fine submission online you also have to enter your payment card details in the next window. 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, Bus Lane and Moving Traffic PCNs to £35) 

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

If you fail to pay your Elmbridge 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 Elmbridge Borough 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 Elmbridge Borough Council with the Traffic Penalty Tribunal if the council dismisses my appeal?

Yes, you can dispute the decision of the Elmbridge Borough 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 Elmbridge Borough 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 Elmbridge 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 Elmbridge Borough 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 Elmbridge Borough Council.

Conclusion

This blog post addressed the question “How Can I Challenge An Elmbridge PCN?” It is crucial to maintain a video log of your road presence in Elmbridge Borough Council in order to successfully challenge a Moving Traffic or Bus Lane PCN. There is no other way of disproving the traffic contravention without showing evidence of how the situation you are describing in your challenge actually took place that day.

Citations

Surrey Police Seized Vehicles

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