This blog answers the question “How Do I Appeal A PCN to Hackney Council?” You may choose to appeal your Hackney Council PCN if you have sufficient evidence to prove your case to the council. This blog explains the PCN appeals process in detail and advises the reader on how to successfully challenge an incorrect Penalty Charge Notice.

How Do I Appeal A PCN to Hackney Council?

A Penalty Charge Notice (PCN) in Hackney Council can be appealed online or by post. The appeal should be made considering whether it is a Parking PCN, a CCTV bus lane PCN or a moving traffic PCN. It may be easier to appeal a moving traffic PCN if the CCTV has not recorded your wrong turn or seen you move into the yellow box junction than appealing a parking PCN.

The best way to appeal a PCN to Hackney Council is online. The first stage of appealing a Hackney Council PCN is an informal appeal. The informal challenge is only applicable to a CCTV parking PCN or to a CCTV moving traffic PCN. Once you make your challenge within 14 days, your Penalty Charge Notice will be put on hold (at half its value).

In the next stage of the PCN appeal you will be allowed to make a formal representation. A formal representation can be made if you have received the PCN by post. This can be a representation in case of a CCTV moving traffic violation or a CCTV parking violation.

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 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

What information do I need to mention in a written PCN appeal?

You should mention the following information in a written PCN appeal

  • the reasons for your appeal
  •  your Penalty Charge Notice number
  •  your vehicle registration number 
  • your address

You also need to attach all documentation evidence supporting your PCN appeal. 

You need to send your written appeal and all the evidence to the following address:

Representation and Appeals,

PO Box 76121,

London,

E5 5FG

In case this appeal fails, you can also dispute the appeals decision (notice of rejection) from the Hackney Council in the London Tribunals within 28 days.

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What is the permissible list of reasons on which I can successfully appeal a PCN served by the Hackney Council?

There is a large variety of acceptable reasons for appealing your Hackney Council PCN depending on whether it is a CCTV Parking PCN, a CCTV bus lane PCN or a moving traffic PCN. You can appeal a Hackney Council Parking PCN if:

  • You feel that your decision to park your vehicle did not violate any traffic laws and therefore the charge made against you by the council is incorrect
  • You didn’t own the vehicle mentioned on the CCTV parking PCN and the parking error was committed by a different person entirely, who owns the vehicle now. You need to provide proof of selling your vehicle to another person as evidence.
  • If your vehicle was stolen from your possession recently and you had dialled 101 to register a case with your local police authorities, who provided you with a crime reference number for the robbery.
  • Your Parking PCN fine has already been paid in full or the amount for the PCN fine was not in accordance with Hackney Council’s official rates of £130 (high level charge) and £80(low level charge). For example you get a Parking PCN with a fine of £145 or £93 or some other in between figure.
  • The list of active traffic order’s for Hackney Council does not include the traffic order you have been charged under. This list of active traffic order’s is advertised in local newspapers and displayed on the Hackney Council Traffic Order website along with their enforcement dates.

On which grounds can I appeal a CCTV bus lane PCN in Hackney Council?

You can appeal a CCTV bus lane PCN in Hackney Council on the following grounds:

  • You feel that you had never breached the Hackney Council bus lane traffic order while driving your vehicle at the time.
  • You cannot be made to pay the bus lane PCN because the vehicle registration number mentioned on the ticket is not yours. The bus lane PCN has been issued to a vehicle which you used to own and have sold to someone else recently.
  • Your vehicle was stolen recently and you had dialled 101 to register a case with your local police authorities immediately, the police is responsible for also informing the DVLA of a stolen vehicle. You can mention your crime reference number in your PCN appeal.

On which grounds can I appeal a moving traffic PCN in Hackney Council?

You can appeal a moving traffic PCN in Hackney Council on the following grounds:

  • The moving traffic order violation never happened. Under Schedule 7 of the Traffic Management Act 2004, a moving traffic PCN can be issued for obstructing a yellow box junction or for disregarding no entry signs as well as for making a banned turn.
  • You had the vehicle (mentioned in the moving traffic PCN) stolen from your possession recently and you had also notified your local police authorities of the vehicle theft. The criminal reference number for the case can be added to your PCN appeal as evidence.
  • The moving traffic PCN should have been issued to someone else who currently owns the vehicle. The vehicle registration number on the PCN used to belong to you but you recently sold the car.
  • The PCN fine amount does not comply with the rates issued by Hackney Council for a high level or low level fine. This means that the PCN charge is something other than £80 and £130

How much is the PCN fine for a Hackney Council PCN?

The Penalty Charge Notice fine for Hackney Council is set at £130 (for a higher rate PCN) or £80(for a lower rate PCN). You will be required to pay one of these amounts depending on the level of the violation. There is also a 50% discount on both levels of PCN’s subject to certain conditions. If you pay a moving traffic PCN, bus lane PCN or a PCN issued at the scene by a Civil Enforcement Officer within a period of 14 days it will only cost you £65.

For a lower rate PCN(a CCTV Parking PCN), there is also a 50% discount on the PCN charge if you pay it within 21 days. You will now be required to pay just £40 for the lower rate PCN.

To pay your fine you need to attach a check or postal order payable to the “London Borough Of Hackney” and send it to this address:

PO Box 76121,

London,

E5 5FG

You can choose to pay your PCN by telephone instead. This can be done by calling Hackney Council on this number : 020 8629 1232. You need to enter your payment card details including the billing address for the card.Your PCN number and vehicle registration number needs to be entered too.

How Is A Traffic Order Advertised in Hackney Council?

The traffic order notice in Hackney Council is displayed as a local newspaper advertisement continuously for a period of 21 days. The Hackney Council invites proposals from residents on the traffic order during this period. The current proposals are visible on the council’s traffic order website which currently shows TT1584 Wick Village (this traffic order is meant to remain displayed from 29th July 2022 to 19th August 2022). 

The Hackney Council Traffic Order website also shows the traffic order Tt1588 Hillside Road which is valid until 19th August 2022. Objections to the traffic orders are considered by

How do I view the details contained in my Hackney Council 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.
  • The number of days you have left to pay your Penalty Charge Notice

To access this information on the Hackney Council system, you will require your PCN number (starting with QZ) and your vehicle registration number.

What happens if I fail to pay my Hackney Council PCN within 28 days?

If you fail to pay your PCN within 28 days of getting it you will be issued a charge certificate from Transport for London. A charge certificate will increase your PCN fine by 50% of its original value. A charge certificate cannot be appealed.

If the charge certificate is not paid within 14 days, you will receive a “notice of debt registration” and a witness certificate from TfL. The unpaid amount of the charge certificate will be treated as a debt at your local Traffic Enforcement Centre. Further proceedings will involve efforts to recover this money from your possession by the courts.

This court order enforces that the charge certificate amount must be paid within the next 21 days.

How To Make An Appeal To The London Tribunals if the Hackney Council rejects your appeal?

You may file an appeal with the London Tribunal within 28 days of receiving a notice of rejection from Hackney 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):

London Tribunals

P O Box 10598

Nottingham

NG6 6DR

London Tribunals will inform both parties of the hearing date. If 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

Conclusion

This blog post addressed the question “How Do I Appeal A PCN to Hackney Council?” You must remember to appeal your Hackney PCN within 28 days of it being served (by a Civil Enforcement Officer or by CCTV) to avoid paying additional fines. In case you have been wrongly given the Penalty Charge Notice or the vehicle registration number on the PCN does not make you responsible for the fine, you should definitely choose to appeal (the decision of the Hackney Council).

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

Citations

Traffic Management Act 2004

Private Vehicle Hire Agreement

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