This blog answers the question “How Can I Respond To My Brent Council Parking Ticket?”If you have received a PCN in Brent 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 Respond To My Brent Council Parking Ticket?
You can pay a Brent Council Parking Ticket (PCN) if you have your PCN number and your vehicle registration certificate.You should not appeal against a PCN for non-payment of fines or fees to pass through the London Congestion Zone, as these charges are quite hefty as it is.
To appeal a Brent council Penalty Charge Notice, you need to write a letter to your council mentioning your vehicle registration number, address, PCN number and the reasons for your challenge. You must attach as much evidence as you can to prove your PCN challenge. In case this appeal fails, you can also dispute the appeals decision (notice of rejection) from the Brent Council in the London Tribunals within 28 days.
If you have received a letter from a bailiff, you should contact him directly as explained in the letter.
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 are the acceptable reasons I can dispute a Brent Council parking PCN?
You can dispute a Brent 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.
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, is used for parking your car. (it would mention the parking duration and payment charge on it)
How To Make An Appeal To The London Tribunals if the Brent Council rejects your appeal?
You may file an appeal with the London Tribunal within 28 days of receiving a notice of rejection from Brent Council. You have to fill in the form provided to you with the notice of rejection and mail it to this address (with the necessary supporting evidence):
P O Box 10598
London Tribunals will inform both parties of the hearing date. In case Hackney Council contests your appeal, it will provide you with a copy of its application along with evidence sent by it to the London Tribunals. In case an arbitrator at London Tribunals decides the case in your favour, Hackney Council will promptly cancel the PCN
What is a Penalty Charge Notice?
A Penalty Charge Notice is a fine or monetary penalty for driving or road offences. You could be issued a Penalty Charge notice for committing the following crimes:
- Parking your vehicle in the wrong space or for an unspecified duration of time or for failing to pay the parking charge.
- Violating traffic rules
- Failing to pay the following charges on time. Fees for driving through the London Congestion Zone, the low emission zone, and the Dartford Thurrock river crossing between 6am and 10pm
You will be given a period of 28 days to respond to this Penalty Charge Notice. If you fail to pay the fine or appeal it, you will be sent a charge certificate. A charge certificate increases the penalty amount of the PCN by 50% and has to be paid within 14 days. The charge certificate cannot be appealed.
A charge certificate is usually issued for the following reasons:
- Failing to pay a Penalty Charge Notice
- The personal appealing the PCN has withdrawn their appeal and has still failed to submit the penalty in the 14 days after this action.
- An appeal against the Penalty Charge Notice was denied by the adjudicator and the registered keeper of the vehicle has failed to submit the fine within 28 days of this decision.
- A notice of rejection has been issued to deny you the opportunity of formal representation (which can be appealed)
If you fail to pay the charge certificate, the enforcement authority will register the certificate with your local Traffic Enforcement Center and a “court order” for recovery (of the debt), along with a witness certificate, will be sent to your address. The court order enforces that the PCN or charge certificate amount must be paid within 21 days.
This blog post addressed the question “How Can I Respond To My Brent 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. It is recommendable to just pay the parking ticket fine (in full) within 28 days to avoid further penalties.
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Frequently Asked Questions (FAQs): How Can I Respond To My Brent Council Parking Ticket?
How do I view the details contained in my Penalty Charge Notice?
You can use the Hackney Council system to view the details contained in your Penalty Charge Notice (PCN). These details include:
- When, how and why you were charged the Penalty Charge Notice by a Civil Enforcement Officer (CEO) or CCTV. This information also includes photo and video evidence
- How much the PCN fine amounts to.
- In how many days will your fine be increased and what the new PCN charge will be
To access this information on the Hackney Council system, you will require your PCN number (starting with QZ) and your vehicle registration number. In case you have lost your PCN ticket, you can check your PCN number from the next letter sent to you by your council.
Who must make the representation?
The Penalty Charge Notice is normally delivered to the “registered keeper” of a vehicle (as noted by the Driver and Vehicle Licensing Agency’s records) Penalty Charge Notices may also be issued to the designated hirer of a vehicle in a vehicle leasing agreement (provided to the DVLA by the “registered keeper”)
The person named on a Penalty Charge Notice is required to make the representation.
The “registered keeper” of the vehicle will be advised by the (Hackney) Council regarding the outcome of an investigation. In case the registered keeper of the vehicle is the company, you will need to mention your name and designation in that company while making your representation (on behalf of the company)
If the “registered keeper” chooses to provide someone else with written permission to appear as the “registered keeper” of the vehicle, that person may be permitted to make a representation. This representation being made on behalf of the third party to challenge the Penalty Charge Notice is legal and will be considered if registered within 28 days (of getting the PCN fine).