Parking Enforcement Charter

South Tyneside Council’s approach to parking enforcement shall be fair but firm and this Parking Enforcement Charter outlines how we intend to deliver the best possible service for motorists.

Fair

• We will explain and communicate the parking rules.
• Where possible we will photograph parking contraventions to support the issue of a Penalty Charge Notice.
• We will regularly monitor traffic signs and road markings to help motorists parking throughout the Borough.
• We will review parking services regularly to see how they can be improved.

Firm

• We will take consistent enforcement action to deter inconsiderate parking.
• We will pursue people who try to evade penalty charges to recover debt owed to the Council.
• We will work with the police to prevent crime and anti-social behaviour and to protect our Civil Enforcement Officers against abuse and violence.

Best possible service

• We will reply as soon as possible to representations against Penalty Charge Notices whilst fully investigating motorists’ comments.
• We will aim to get Penalty Charge Notices right first time using accurate “hand-held” technology.
• We will use on-line services to improve customer access to information.
• We will develop the on-street parking service to include: Blue Badge enforcement, school patrols, advice and information, and assistance at special events.
• This Charter will be reviewed periodically and lessons learnt from the Appeals Process will be fed back to improve the service.

The guidance within this Charter is designed to help you park conveniently and lawfully in South Tyneside and reduce the likelihood of you receiving a Penalty Charge Notice.

South Tyneside Council operate 18 Pay and Display and 22 free off-street car parks, as well as on-street parking pays. A Controlled Parking Zone is in force in South Shields town centre from Monday to Saturday, 8am to 6pm. For a full list of off-street car parks operated by South Tyneside Council, please refer to Appendix A or the South Tyneside Council website.

This section outlines how parking restrictions are enforced within South Tyneside. Two methods of enforcement are used in South Tyneside: Civil Enforcement Officers (CEOs) and Closed-Circuit Television (CCTV) cameras.

Civil Enforcement Officers (CEOs)

The purpose of a CEO is to patrol and monitor South Tyneside Council’s highway network and off-street car parks to ensure motorists comply with parking and traffic regulations. They will effectively identify and take appropriate action against those who do not comply. This may include the issuing of a Penalty Charge Notice (PCN) (see Section 6). For their own protection, Civil Enforcement Officers have no authority to exercise discretion when enforcing traffic regulations. Discretion rests with back-office staff as part of considering challenges against PCNs and representations against a Notice to Owner (NtO), and the prescribed procedure detailed in Section 6.2 must be followed in order to challenge a PCN. If you receive a PCN, you may ask the CEO for an explanation. If you feel a penalty charge notice has been issued incorrectly, the CEO will record your comments. A CEO has no authority to cancel a PCN once it has been issued.

Complaints against CEOs

• Incorrect issue of a PCN. Where a motorist feels that a CEO has made an error or issued a PCN incorrectly, they should submit an informal challenge or representation (see Section 6.2). The matter will be thoroughly investigated and, where it is proven that a mistake has been made, the motorist will receive confirmation that the PCN has been cancelled and, if needed, additional training will be given.
• South Tyneside Council Staff Misconduct. Allegations against any member of staff are taken very seriously and dealt with according to the Council’s corporate complaints procedure. For more information about the complaints procedure or to make a complaint, please visit www.southtyneside.gov.uk/complaints. A complaint can also be made either in person at the Customer Service Centres at South Shields Town Hall and Jarrow Town Hall, by telephone on 0191 427 7000, or by letter to South Tyneside Council, Town Hall & Civic Offices, Westoe Road, South Shields, Tyne & Wear, NE33 2RL. Please Note: The Council’s complaints procedure specifically excludes matters where the complaint involves legal proceedings or cases where customers have a separate right of appeal/informal challenge or formal representation. The prescribed procedure must be followed in such instances. For more information, see Section 6.2 and Section 6.3.

CCTV

When used as part of civil traffic enforcement arrangements, the primary purpose of any CCTV camera system is to ensure the safe and efficient operation of the road network by deterring motorists from contravening parking or road traffic restrictions. CCTV cameras also provide a secondary benefit. They are a valuable tool contributing towards public safety and security and in protecting people and property.

CCTV cameras are used by South Tyneside Council to enforce parking restrictions in front of schools (Section 4.7), at bus stops (Section 4.15), and at bus lanes and bus gates (Section 4.16).

This section outlines the parking restrictions in operation in South Tyneside. The presence of restrictions shall be indicated by road markings and/or signs.

Double yellow lines

Double yellow lines indicate that no parking is allowed at any time. In some circumstances in South Tyneside double yellow line parking restrictions only apply during certain months. This is clearly indicated by signs located on the footway.

Vehicles used for commercial purposes and private motor vehicles may stop to load or unload on double yellow lines for as long as is necessary for the activity, provided that the activity is continuous. Continuous loading or unloading must be apparent otherwise a PCN may be issued. In the case of vehicles used for commercial purposes if, during a period of 20 minutes observation, it does not appear that loading or unloading is taking place, a PCN may be issued. In the case of a private vehicle if, during a period of 5 minutes observation, it does not appear that loading or unloading is taking place, a PCN may be issued.

Motorists may stop on double yellow lines to pick up or drop off passengers, but waiting for passengers is not permitted. When picking up or setting down, you must stay with your vehicle at all times unless your passengers need help getting into or out of your vehicle.

If a vehicle is parked on double yellow lines and none of the above activities are evident, a PCN may be issued.

Single yellow lines

Single yellow lines indicate that no parking is allowed during the hours of control. The hours of control will usually be shown on signs on the adjacent footway (example shown below).

The hours of control on the example above are for illustrative purposes and you should always refer to the signs located on the footway next to the single yellow lines to confirm the hours of control. However, within a Controlled Parking Zone, there are no sign plates provided on the footway. Instead, the hours of control are shown on signs at the entry points to the Controlled Parking Zone. Please see Section 4.4 for further details. Outside the hours of control, parking is allowed on single yellow lines.

During the hours of control, vehicles used for commercial purposes and private motor vehicles may stop to load or unload on single yellow lines for as long as is necessary for the activity, provided that the activity is continuous. Continuous loading or unloading must be apparent otherwise a PCN may be issued. In the case of vehicles used for commercial purposes if, during a period of 20 minutes observation, it does not appear that loading or unloading is taking place, a PCN may be issued. In the case of a private vehicle if, during a period of 5 minutes observation, it does not appear that loading or unloading is taking place, a PCN may be issued. Outside the hours of control, you may load or unload without restriction, providing there are no kerb markings indicating additional restrictions (see Section 4.3).

During hours of control, motorists may stop on single yellow lines to pick up or drop off passengers, but waiting for passengers is not permitted. When picking up or setting down you must stay with your vehicle at all times unless your passengers need help getting into or out of your vehicle. No such restriction is in place outside the hours of control.

If a vehicle is parked on a single yellow line during the hours of control and none of the above activities are evident, a PCN may be issued.

Single and double yellow kerb markings

Example sign accompanying single yellow lines with single yellow kerb markings. The hours of control shown are indicative, and you should always confirm the hours of control from signs at the location.

Single and double yellow lines may be accompanied by single and double yellow kerb markings, which indicate that a loading restriction is in force. Single yellow kerb markings mean that loading and unloading activities are prohibited during the times indicated on signs at the location. Double yellow kerb markings mean that loading and unloading are always prohibited. Any vehicle parked when loading restrictions are in force may be issued with a PCN.

Controlled Parking Zone (CPZ)

In South Shields town centre, a Controlled Parking Zone (CPZ) is in operation. Entry to the CPZ is indicated by signs (see above picture), informing motorists that on-street parking restrictions are in force within the zone. Single yellow line restrictions are in force within the CPZ during the hours of operation, which are indicated by the signs on entry to the CPZ. Note that the days and hours of operation on the above picture are indicative and motorists should always check road markings and signs prior to parking. On-street parking bays within the CPZ may be subject to restrictions, as indicated by other signs within the zone.

Resident parking permits may be required to park in on-street parking bays within the CPZ. For more information, refer to Section 4.17 or the South Tyneside Council website.

Pay and Display parking bays

Pay and Display parking bays are parking bays that require a ticket to be purchased either from a Pay and Display ticket machine and displayed inside the vehicle or by using the third-party mobile payments service employed by South Tyneside Council. Pay and Display parking bays in South Tyneside include both “on-street” bays, located on the road, and “off-street” bays, located in surface car parks. Guidance on payment and the hours of operation are stated either on the front of the ticket machine or on adjacent signs. If a ticket is purchased from a machine, the machine will print a ticket which states the time of purchase and the expiry time for your stay. The ticket should be displayed inside the vehicle, either on the windscreen or dashboard, so that the expiry time on the ticket is clearly legible from outside the vehicle.

Payment

A ticket for parking in a Pay and Display parking bay can be purchased from a ticket machine or using the third-party mobile payments service employed by South Tyneside Council. Cash can be used for payment at all Pay and Display machines in car parks operated by South Tyneside Council, while cards can currently be used at Harbour Drive South and South Promenade South car parks only. To pay using the third-party mobile payments service, follow instructions at ticket machines or on the South Tyneside Council website. Car parks where the third-party mobile payments service can be used are detailed in Appendix A. To extend a period of stay in a Pay and Display bay, an additional Pay and Display ticket may be purchased and displayed inside the vehicle on the windscreen so that the expiry time on the ticket is clearly visible from outside the vehicle. If parking has been purchased using the third-party mobile payments service, an extension can also be purchased using the service. Failure to display a valid ticket or to have paid using the mobile payments service while parked in a Pay and Display car park may result in a PCN being issued. A 10-minute grace period is observed for expired Pay and Display tickets. A 5-minute observation period is adopted for when no Pay and Display ticket is displayed.

If a Pay and Display ticket machine is out of order, then a ticket should either be purchased from an alternative machine, if one is available, or by using the third-party mobile payments service at one of the car parks where it is in operation. If neither an alternative machine nor the third-party mobile payments service are available, then the ticket machine failure should be reported to the Council’s Parking Team, either by phoning 0191 424 7900 or emailing parkingteam@southtyneside.gov.uk

Picking up and setting down passengers

Motorists may stop in a pay and display parking bay to pick up or set down passengers. Waiting for passengers is not permitted unless a pay and display ticket is purchased. When picking up or setting down the motorist must stay with the vehicle at all times unless the passengers need help getting into or out of the vehicle.

Blue Badge holders

Blue Badge holders may park free of charge and without a time limit in any long stay off-street car park. In on-street bays, time limits may apply and should be complied with. The Blue Badge must be displayed on the dashboard of the vehicle so that the front of the badge (showing the date of expiry, issuing authority and serial number) is clearly visible from outside the vehicle.

Electric vehicle (EV) charging bays

Parking bays with charging points for charging electric vehicles (EVs) are available in some of South Tyneside Council’s car parks. Vehicles must be connected to the charging point when parked in these bays and can stay for the maximum period specified on signs at the car park. Vehicles parked in an EV charging bay that are not connected to the charging point or that stay for longer than the specified maximum period may be issued with a PCN. The car parks where these bays are located, the number of charging points and bays provided and the power ratings of the charging points are detailed in Appendix B.

Town Centre and Foreshore Parking Permits

Parking permits are available for two areas of South Tyneside: South Shields town centre and the Foreshore (seafront). Car parks where these permits are valid are indicated in Appendix C. For further information or to apply for a permit, please visit the South Tyneside Council website: South Shields town centre permit and Foreshore (seafront) permit.

Parking within marked bays

Motorists are expected to park their vehicle wholly within the markings of a parking bay. No part of a tyre should extend beyond the outside of the bay markings, nor should a vehicle overhang the bay markings. This is to ensure the health and safety of other motorists and vehicles. Any vehicle that cannot be parked fully within a marked bay should be relocated to another bay that can accommodate that size of vehicle. Any contravention may result in the issue of a PCN.

Loading bays

A loading bay is a bay designated for the continuous loading or unloading of vehicles, which includes picking up and setting down passengers. The bay should be accompanied by a sign (example shown above). Some loading bays are subject to hours of operation, which will be stated on the accompanying signs (the hours of operation in the example above are for illustrative purposes). Restrictions do not apply to the loading bay outside the hours of operation. However, if there are no hours of operation indicated on the sign, then the loading bay is in operation at all times and cannot be used for any other purpose.

Continuous loading or unloading activity must be apparent otherwise a PCN may be issued. In the case of vehicles being used for commercial purposes, if during a period of 20 minutes observation, it does not appear that loading or unloading is taking place, a PCN may be issued. In the case of a private vehicle, if during a period of 5 minutes observation, it does not appear that loading or unloading is taking place, a PCN may be issued.

School Keep Clear markings

School keep clear markings are installed to provide safer access to schools for parents and children during the operational hours of Monday to Friday, (usually 8am to 5pm). They may be accompanied by signs (example shown below with indicative operational hours shown). Stopping in such areas during the operational hours is prohibited and may result in a PCN being issued.

South Tyneside Council enforce these restrictions using both CEOs and a mobile CCTV camera enforcement vehicle. The locations where a mobile CCTV camera enforcement vehicle is used to enforce school keep clear markings are listed in Appendix E.

Taxi stands

Taxi stands are provided for the sole use of hackney carriages and should not be used by any other vehicle. The stands are indicated by signs (shown above) and marked bays. Taxi stands in South Tyneside are designated under either a Traffic Regulation Order, the Local Government (Miscellaneous Provisions) Act 1976 or Town Police Clauses Act 1847 and are enforced by both CEOs and the Council’s Licensing Enforcement Officers.

Pedestrian and cycle crossings

It is prohibited to park such that a pedestrian or cycle crossing is obstructed and doing so may result in a PCN being issued. The crossings will consist of at least red or yellow tactile paving and may also have distinct road markings, beacons and/or traffic lights.

Zebra crossings, pelican crossings, puffin crossings and toucan crossings all have additional restrictions on their approaches and exits. Zigzag markings (see above picture) either side of the crossing indicate where no parking or stopping is allowed. Parking or stopping on the zigzag markings may result in a PCN being issued. In addition, the police have retained the powers to enforce this type of dangerous parking and can issue fixed penalty notices which carry a fine and points on your driving licence.

Cycle tracks and cycle lanes

Cycle tracks are provided for the use of cyclists and access to these tracks must be maintained at all times. Parking in or obstructing these may result in a PCN being issued. Parking in mandatory cycles lanes – defined by signs (see above) and a solid white line – is also prohibited and a PCN may be issued too. Parking in advisory cycling lanes (defined by a broken white line) is not prohibited unless other restrictions, such as single or double yellow lines, are in force.

Limited waiting parking bays

Limited waiting parking bays are subject to a maximum waiting period during which parking is free of charge. The maximum period allowed will be stated on signs at each location (example shown above). Sometimes there is a minimum time restriction before a vehicle can return and park on that length of road.

Suspended parking bays

A suspended parking bay means that parking facilities are temporarily unavailable and parking is not permitted. Blue badge holders may not park in suspended bays. Vehicles that contravene the suspension of a parking bay may be issued with a PCN. Suspensions of parking bays will be indicated by cones and/or temporary signs. Residents who have arranged a suspension for removals or work on their property cannot park their own vehicles in the suspended bays, as this is not permitted by the terms of the suspension.

Designated Blue Badge bays

Parking bays specifically designated for Blue Badge holders are indicated by signs (see above) and marked bays. In such bays, parking is free for Blue Badge holders, but a valid Blue Badge must be displayed. Time limits and return restrictions may apply and shall be indicated on signs accompanying the bay. If a valid Blue Badge is not displayed, then a PCN may be issued. Vehicles must be parked wholly within the marked bay, otherwise a PCN may be issued.

Ambulance bays

There are some parking bays in South Tyneside which are reserved for ambulances. These bays are indicated by signs (see above) and bay markings and any limit to when the restrictions are in operation shall be stated on the sign. Parking in such a bay when not entitled to do so may result in a PCN being issued.

Bus stops

It is prohibited for vehicles other than buses to stop, wait or park at a bus stop during hours of operation. As well as the sign shown above, bus stops are indicated by large yellow bays and yellow bus clearway road markings. Stopping, waiting or parking in a bus stop during hours of operation may result in the issuance of a PCN. CCTV cameras are used by South Tyneside Council as well as CEOs to enforce parking restrictions at bus stops (see Section 3.2).

Bus lanes and gates

South Tyneside Council have the power to enforce restrictions, including parking, at bus lanes and gates. Driving, stopping and parking in bus lanes and gates during their hours of operation are prohibited. The hours of operation are indicated on signs on the approach to and at the start of the bus lane or gate. Where no hours of operation are indicated, the bus lane or gate is in operation at all times. CCTV cameras are used to enforce restrictions at bus lanes and gates at Crossgate, Sunderland Road and Fowler Street, in South Shields, and Edinburgh Road, in Jarrow. (see Section 3.2).

Resident Parking Permits

Residents living on a street within a Resident Permit Scheme should apply for a Resident Parking Permit to park in an on-street bay on their street. Resident Permit Schemes are indicated by signs (see above). The permit and signs will state the days and times that restrictions are in operation. Each household can have a maximum of 2 permits per household (1 per vehicle). For visitors to households covered by a Resident Permit Scheme, residents should use visitor permits, which are available in visitor booklets (25 visitor permits per booklet). Each household may obtain a maximum of 8 visitor booklets. A list of Resident Permit Schemes is provided in Appendix D. For more information on Resident Parking Permits or to apply for one, please visit the South Tyneside Council website.

Vehicles engaged in certain activities may be exempt from some regulations. This section outlines what vehicles may be exempt and the conditions under which the exemption applies.

Blue Badge holders

Blue Badges are issued to either a disabled driver, disabled passenger or an organisation that predominantly concerns the logistical transport of disabled passengers. They are only valid when the vehicle is being used for the transport of the disabled person and not for any other purposes, for example, shopping for a disabled person who is not themselves being transported by the vehicle.

A Blue Badge entitles the holder to park for free in on-street Pay and Display parking bays and Blue Badge-designated parking bays. A Blue Badge also entitles the holder to park on single or double yellow lines for up to 3 hours, if it does not cause an obstruction and a loading restriction is not also in operation (indicated by yellow kerb markings, see Section 4.3). A vehicle with a Blue Badge holder may not return to park in the same location on yellow lines for at least 1 hour. No other exemptions are available to Blue Badge holders.

A valid Blue Badge must be displayed when parking for a Blue Badge exemption to apply. Where a time limit applies to parking, a blue parking clock (received with a Blue Badge) showing the arrival time must be displayed alongside the Blue Badge. Failure to display a valid Blue Badge or blue clock may result in a PCN being issued.

It is illegal for anyone to misuse a Blue Badge. Misuse of a Blue Badge could result in a fine of up to £1000 and cancellation of the badge. Example of Blue Badge misuse include:

• using someone else's badge without the badge holder being in the car or if the badge holder has died;
• letting someone else use the badge;
• parking in the wrong place or parking for too long where there is a time limit;
• using a badge that has expired;
• using a badge that has been reported as ‘lost’ or ‘stolen’;
• using a copied badge;
• changing the details on the badge, for example, the expiry date;
• providing the wrong information on the application form;
• using a fake badge.

For more information on using Blue Badges in South Tyneside, please visit the South Tyneside Council website.

Other exemptions

The following vehicles are exempt from the regulations, but only for so long as is reasonably necessary and provided they are being used in an official capacity. Vehicles being utilised for the following purposes should normally be liveried and not private vehicles. The exemption does not automatically extend to contractors working on behalf of the following services or activity categories.

• Emergency services: Vehicles operated by the emergency services, such as ambulances, fire engines and police vehicles, are exempt from parking regulations when on an emergency call. Emergency service vehicles not engaged in official duties that are parked in contravention of parking regulations may be issued with a PCN.
• Royal Mail vehicles engaged in the collection or delivery of postal packets are exempt from parking regulations provided that such activities are observed.
• Vehicles used in the service of the Council are exempt from parking regulations while undertaking statutory duties, providing that it is necessary for the vehicle to park there.
• Utilities companies’ vehicles: Vehicles being used in undertaking official duties concerning statutory utilities, e.g., gas, water, electricity and telecommunications, may be exempt from parking regulations.
• Any vehicle which is being used in connection with any of the following operations:

1. any building operation or demolition;
2. the removal of any obstruction to traffic;
3. the maintenance, improvement or reconstruction of the road; or
4. the laying, erection, alteration or maintenance in or near the road of any sewer, gas main or pipe or electricity or telecommunications infrastructure.

Dispensation

A parking dispensation allows a specified vehicle to park on single or double yellow lines or within a CPZ during hours of operation or a Resident Permit Scheme area for a specific time and location. A dispensation will only be considered if no suitable Pay and Display parking bays or loading bays are in the vicinity. A certificate is issued which must be displayed clearly in the vehicle.

Examples of where dispensation may be granted include:

• Building, maintenance or repair works where proximity to the site is essential and the vehicle is essential to the work being undertaken;
• Domestic removals;
• Weddings, funerals and special events;
• Goods vehicles making large deliveries where it is reasonable to allow a longer period than the period normally permitted by the Traffic Regulation Order;
• Goods vehicles delivering bulky and/or heavy items where it would be impossible or hugely impractical to carry the item from the nearest parking bay;
• Vehicles essential to filming operations.

A dispensation does not permit general parking nor allow the vehicle to remain in the restricted parking area once the purpose for the dispensation has been completed. The vehicle must be parked in accordance with the location, date and time, and purpose specified on the dispensation notice and leave either as soon as the dispensation expires or when the purpose for which the dispensation is granted is completed. If a vehicle is not in compliance with the terms of the dispensation, then a PCN may be issued. Dispensation is given at the Parking Team’s discretion. It will not be given to visitors to households on a street in a Resident Permit Scheme; visitor permits should be obtained. For further details on dispensation, contact the Parking Team at parkingteam@southtyneside.gov.uk or 0191 424 7900.

If a vehicle appears to be in contravention of a parking restriction, a penalty charge notice (PCN) may be issued. A penalty charge may informally be referred to as a ‘parking fine’ The PCN states the apparent contravention and penalty charge due. A PCN can be affixed to the vehicle, handed to the driver or, under certain circumstances, issued by post to the registered keeper or hirer of the vehicle. Details of a PCN, including any accompanying images, can be viewed on the South Tyneside Council website.

Payment of PCN

The cost of a penalty charge in South Tyneside depends on the level of the contravention (see Appendix F) For high level contraventions, the charge is £70, and for low level contraventions, the charge is £50.

However, a 50% discount will be applied where payment is made subject to either of the following conditions:

1. Within 21 days from the date of service where a PCN was issued using evidence from an approved device (CCTV camera); or
2. Within 14 days from the date of service in all other cases.

A penalty charge may be paid by the following methods:

• Online: A penalty charge can be paid online using a debit card on the South Tyneside Council website. The reference number of the PCN is needed to complete the payment process.
• By telephone: A penalty charge can be paid by telephone using a credit or debit card. Please telephone 0191 427 7000, Monday to Friday 8am-6.30pm. The reference number of the PCN will be needed to complete payment.
• In person: A penalty charge can be paid in person at South Shields Town Hall, Westoe Road, South Shields, between the hours of 10.00am and 3pm, excluding public and bank holidays. The reference number of the PCN will be needed to complete payment.

Challenging a PCN

If a PCN is considered to have been incorrectly issued, an informal challenge or informal written representation can be made. This can be done in writing within 28 days of the date of service of the PCN to: Parking Services Team – South Tyneside Council, South Shields Town Hall, Westoe Road, South Shields NE33 2RL. The address is also provided on the back of the PCN. Alternatively, the PCN can be challenged by emailing parkingteam@southtyneside.gov.uk or online via the South Tyneside Council website. The challenge or written representation should provide the circumstances or grounds for consideration along with supporting evidence (if required).

If the PCN is challenged within 14 days of the notice being served and the challenge is rejected, a letter explaining the reason(s) for rejection will be sent. A further period of 14 days in which to pay the penalty charge at the discounted rate will be offered. If the PCN is challenged after the 14-day discount period has expired and the challenge is rejected, no further discount period will be offered. If a challenge is rejected, a formal written representation can still be made to the Council once a Notice to Owner has been sent.

If the penalty charge remains unpaid and/or a challenge has been rejected 28 days after the PCN was served, a Notice to Owner (NtO) will then be sent to the registered keeper of the vehicle, as documented by the Driver and Vehicle Licensing Authority (DVLA). The NtO will advise that there are 28 days from the date on which the NtO was served to either:

1. Pay the penalty charge in full; or
2. Make a formal written representation to the Council based upon the statutory grounds detailed in the NtO.

On receipt of a formal written representation the Council will carefully consider all the relevant facts and any mitigating circumstances contained in the NtO together with all of the information relating to the contravention held in its computer records, photographic evidence and CEOs’ handheld devices. If the representation is accepted, the keeper of the vehicle will be notified that the PCN has been cancelled and no further action will be taken. Any sum already paid in relation to the penalty charge shall be refunded. If representations are not accepted, a formal Notice of Rejection will be forwarded to the registered keeper of the vehicle advising that a Charge Certificate will be issued unless the PCN is paid or an appeal is made to the Adjudicator within 28 days of the Notice of Rejection being served. An appeal form will be enclosed with the Notice of Rejection. If a formal written representation is received outside of the 28-day period after the Notice of Rejection was served, the Council may still accept it if the owner gives a valid reason for the delay and has strong grounds for the representation.

Appeals

Once a Notice of Rejection has been received, an appeal to an independent adjudicator can be made. An appeal cannot be made before receiving the Notice of Rejection. Any appeals should be forwarded to the Traffic Penalty Tribunal using the form enclosed with the Notice of Rejection. Full details of how to do this are provided in the Notice of Rejection letter sent by the Council. The adjudicator may only consider appeals on the statutory grounds listed in the NtO. The decision of the adjudicator is final and binding on both parties. If your appeal is accepted by the Traffic Penalty Tribunal, the Council will cancel the Penalty Charge Notice and no further action will be taken. If your appeal is dismissed by the Traffic Penalty Tribunal and no payment is made to the Council, a Charge Certificate will be issued by the Council.

Mitigating circumstances

In extraordinary circumstances, the Council may use its discretion to cancel a PCN if it is satisfied that there are compelling reasons to do so. However, a PCN may only be cancelled upon the receipt of satisfactory evidence as part of an informal or formal challenge or written representation and not by a CEO. The following table provides guidance on what may count as mitigating circumstances for different contraventions.