This blog answers the question “How Can I Challenge My Ealing Council Parking Ticket?” If you have received a PCN in Ealing Council you may choose to pay the fine or to appeal the PCN. The appeal must be made within 28 days of being served the PCN. This blog also looks at the traffic violations for which a PCN (parking ticket) can be issued.

How Can I Challenge My Ealing Council Parking Ticket?

You can pay an Ealing Council Parking Ticket (PCN) if you have your PCN number and your vehicle registration certificate.

If you have received a letter from a bailiff, you should contact him directly as explained in the letter.

You can also pay your Ealing Council PCN online through your Visa, Master Card, Maestro or Electron payment cards. Through telephone by contacting our 24/7 payment hotline at 020 8825 6565.

By post by sending in a postal order or sending a check payable to :

Ealing Council,

Parking services,

PO Box 46264,

Ealing W5 2UN

You must mention your PCN (parking ticket) number or vehicle registration number on the back of your check or postal order.

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 are the acceptable reasons I can dispute an Ealing Council parking PCN?

You can dispute an Ealing Council Parking PCN for the following acceptable reasons:

  • If you believe that the contravention did not occur. For explaining this reason before your council you must have the proper evidence to disprove the Penalty Charge Notice issuing authority’s case. The evidence should show that you were justified in your parking decision and did not break any traffic laws.
  • There was an error on the part of the PCN issuer (which could be a Civil Enforcement Officer or a CCTV) Such an error may include sending you the Penalty Charge Notice very late or out of time
  • You did not own the vehicle (registration number) mentioned in the PCN at the time the notice was issued and were just sold the vehicle a few days or weeks ago. You must provide the letter of sale for the vehicle, if you had bought it (from its previous owner) recently. The date on the letter will confirm your case.
  • The vehicle had been stolen from your possession recently. You must dial 101 immediately when you find out that your vehicle is stolen and register a case with your local police authorities. You need to write down the crime reference number the police provide you with during the call.  The police are responsible for informing the Driver and Vehicle Licensing Agency about your case.

           You cannot prove the case to your council if you have not timely informed the police about your vehicle theft (or not informed the police at all). If such a vehicle is misused or gets charged with a PCN while in the hands of thieves, it (the PCN) may turn into a complicated legal matter.

  • Your Penalty Charge Notice fine was incorrect. This means not compliant with official fine rates for the parking offence
  • The Traffic Management Order concerning your parking PCN is no longer valid. Law changes could mean that certain traffic penalties are cancelled or the charge may not be according to the specifications of the Traffic Management Act 2004. In this case you must prove the exact legal error made by the Civil Enforcement Officer (in light of an act of legislation).
  • The Penalty Charge Notice has already been paid in full. You must provide evidence of your payment method, date and exact amount.
  • The “registered keeper” of the vehicle is a hire firm and they have provided the council with the contact details of the driver or responsible person who had hired the car while it was booked for the PCN. The Private Vehicle Hire agreement signed by the hirer needs 

to be provided as evidence.

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

If your vehicle has been towed away by Ealing Council you need to call 101 to ask the Metropolitan 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 Metropolitan police staff and in case your vehicle has been towed away you will have to visit the Charlton or Perivale vehicle pound 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 Metropolitan 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 £150 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) + £150 = £210 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 Ealing Parking PCN online before collecting the vehicle from the pound at Chalton or Pevisdale. But even if you just have £162 or £210 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 Metropolitan Police pound 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.

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.

The 2 vehicle pounds which the Metropolitan Police use for storing impounded vehicles are the Charlton and Perivale pounds. Once you contact the Metropolitan Police by dialling 101 and tell them your vehicle registration number you will be guided to either the Charlton Pound or the Perivale Pound for recovering your impounded vehicle.

You will have to make the payment to release your vehicle from the vehicle pound at Charlton or Perivale by visiting the location in person with £150 in cash or available as credit on your payment card. The Metropolitan Police accepts Visa Card, Master Card, Maestro Card, and Solo Card for the payment of vehicle release and storage charges.

This Charlton pound is located at this address :

Bramshot Avenue,

Charlton,

London,

SE7 7HY

If you are travelling by road, you can reach Bramshot Avenue via the pedestrian underpass from Siegbert Road or get to Bramshot Avenue from Eastcombe avenue instead. The nearest railway stations from Bramshot Avenue are Charlton railway station and Westcombe Park railway station. The nearest London Underground Station is North Greenwich Underground station by Jubilee Line.

The nearest bus routes from Bramshot Avenue are :

  • Bus Route 53, from Plumstead to County Hall. It has a stop at Woolwich Road, where you should get off the bus.
  • Bus Route 54, from Elmers End Interchange to Plumstead Road.
  • Bus Route 108 from Stratford International to Levisham Road
  • Bus Route 202 from Crystal Palace Parade to Blackheath/Royal Standard
  • Bus Route 286 from Queen Mary’s Hospital (Main Entrance) to Greenwich Tower Centre / Cutty Sark
  • Bus Route 380 from Belmarsh Prison to Molesworth Street. It has a stop at Bramshot Avenue
  • Bus Route 386 from Woolwich High Street to Royal Parade
  • Bus Route 422 from North Greenwich Station to BexleyHeath Clock Tower

You can visit the pound at any time between 11:30am and 7:30 pm . The Charlton Vehicle pound is open 7 days a week. The £110 or £55 Parking PCN fine has to be paid the way a regular Ealing PCN is paid before you make your visit to your vehicle pound.

The Perivale pound is located at this address:

Walmgate Road,

Perivale,

Greenford

UB6 7LR

If you are travelling by road the only entrance to Perivale Pound is on Walmgate Road. The nearest railway station from Walmgate Road is South Greenford. The nearest London Underground Station is Perivale Underground Station, located on the West Ruislip branch of the Central Line. 

The nearest bus routes from Walmgate road are Bus Route 95 from Southall Broadway to Shepherd’s Bush Green and Bus Route 297 from Pounds Lane/Willesden Bus Garage to Ealing Broadway Station/ Haven Green (Bus Route 297 has a stop at Perivale Station).

You can visit the Perivale Pound at any time between 11:30 am and 7:30 pm. The Perivale Vehicle pound is open 7 days a week. Staff from the Metropolitan 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 PCN (for parking the vehicle unattended), 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 recycled.

The Metropolitan Police only stores impounded vehicles for a maximum of 28 days. If you wish to dispose of your vehicle you should not get it released from the vehicle pound. You will still have to pay the Parking PCN fine within 28 days. The Metropolitan Police does not charge you anything for disposing of your vehicle.

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

If you fail to pay your Ealing PCN within the 28-day limit you will be sent a charge certificate from Transport for London. 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 Transport for London.

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.

On which grounds can I appeal the Notice of Rejection?

You can appeal a notice of rejection or notice to prevent you from getting a formal representation if the following conditions apply:

  • The traffic signs or common road markings were incorrect or improper
  • Your car was towed away improperly and its bumper is broken or damaged. Your car collided with another vehicle on the road as it was changing lanes while being towed away. Your car got unhooked from the trailer (towing it to the impounded zone) and collided with oncoming traffic or the towing driver committed a major traffic violation such as hitting a pedestrian.
  • You are able to prove that the Penalty Charge Notice was excessive.
  • Your vehicle has been stolen from you. 
  • You had received an incorrect PCN and were not the owner of the vehicle when the parking ticket was issued. This case should include proof of the letter from the DVLA issued on the date of sale of that vehicle
  • The traffic violation mentioned on the ticket never took place. In this case you are claiming that the reporting of the misdemeanour you are being charged with needs to be reverified. It may involve cases like your parking time (not) running out.

Evidence that can be added to your notice of appeal to strengthen your case includes:

  • A Blue Badge owned by a disabled person
  • A car repair invoice, showing the expenses you have made recently
  • Original car documents including your car’s V5C Vehicle Registration Certificate,  the letter you received from the DVLA when you sold your previous car (as proof that it is no longer yours). If you have bought a used vehicle, you should have its MOT certificate, its vehicle registration certificate, the original car purchase invoice and an Individual Approval Certificate.
  • A pay and display ticket, used for parking your car. (it would mention the parking duration and payment charge on it)

Can I dispute an Ealing PCN with the London Tribunals if the council dismisses my appeal?

Yes, you can dispute an Ealing PCN with the Traffic Adjudicators at London Tribunals within 28 days of getting your “Notice of Rejection of Representations” from the council. You have to fill in the form provided to you with the Notice of Rejection and mail it to this postal address:

London Tribunals,

PO Box 10598,

Nottingham,

NG6 6DR

 You can also choose to dispute the “Notice of Rejection” from your council with the London Tribunals online by clicking on the “Access the Appellants Portal” button on this webpage. All you will be required to do is simply enter your Vehicle Registration Number, PCN number, and the reference number or code from your “Notice of Rejection of Representations” letter.

You can attach copies of evidence documents online to back up your appeal against the decision of the Ealing Council. Such evidence may also include a signed and dated written statement describing what happened on the scene according to the viewpoint of a bystander.

London Tribunals will notify both you and the Ealing Council of the hearing date. If the Ealing Council contests your appeal, it will provide you with a copy of its application along with the evidence sent by it to the Traffic Adjudicators at London Tribunals. In case the independent parking and traffic adjudicator decides the case in your favour, the Ealing Council will promptly withdraw the PCN.

If the PCN is cancelled at this stage, you will have to pay nothing. If the London Tribunals decide the case in the council’s favour, you will be given another 28 days to pay the PCN fine.

Conclusion

This blog post addressed the question “How Can I Challenge My Ealing Council Parking Ticket?” You can appeal your parking PCN if you feel that you have been wrongly charged and have sufficient evidence to support your case.  Your PCN appeal must have authentic evidence material such as video footage from the traffic violation scene to support the grounds for your formal representation.

Please feel free to comment on the content or ask any questions in the comments section below :

Frequently Asked Questions (FAQs) : How Can I Challenge My Ealing Council Parking ticket??

Is A Parking Ticket Illegal If It Has The Wrong Registration Number On It?

Yes, indeed, a parking ticket is illegal if it has the wrong registration number on it. Such a parking ticket must be returned to the organisation which has booked you with it immediately (with a message stating that you don’t own the car mentioned in the parking ticket).

What are the parking tariff rates for Ealing Council?

Most parking rates in Ealing are between £1 and £3 per hour. The times of day and days of the week when restrictions apply (and therefore fares must be paid) vary, but all on- and off-road locations are free on public holidays.

Parking rates are set to manage parking demand in an area. It is often a question of reconciling the needs of several groups of road users. When setting rates, the municipality takes into account feedback from local residents, businesses and motorists in general.

Ealing Council is trying to improve air quality and road safety, they are currently studying how the council can use parking fees to encourage the use of clean vehicles and sustainable transport.

What are Ealing Council Controlled Parking Zones (CPZ)?

Controlled parking zones (CPZ) are introduced when residents and businesses have difficulty parking.

Residents, businesses and visitors can park in marked car parks by:

  • having their license issued electronically (unless they receive a hard copy, which must be prominently displayed)
  • By using our provider Park by Phone (or in some cases by displaying your voucher)

Display a disability card

Motorists wishing to park briefly can use parking terminals or, in some cases, stop-shop locations.

Citations

Ealing Council website

Road Traffic Act 1988 Retention and Disposal of Seized Motor Vehicles

Metropolitan Police Vehicle Pounds

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