Transport and Streets

Challenging a Penalty Charge Notice

Any recipient of a penalty charge notice (PCN) has the right to challenge it.

You should do this within 14 days, to preserve your right to pay at the discounted rate if your challenge is not successful. If you miss the discount period, you may still submit a challenge up to the 28th day following the date of issue.

If you fail to do this, after the 28th day, we will issue a '‘Notice to Owner’ which is formal notification of the issue of the PCN. You may send us a formal representation upon receipt of the Notice to Owner, which we must respond to if we receive it within 28 days of the date the form is issued. If a representation is received after that date we do not have to respond to it.

Our continuing aim in regard to the consideration of challenges to PCNs is one of fairness and equity to all motorists. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Penalty Charge Notices are not normally cancelled if they have been issued correctly. There are however, circumstances in which it is considered appropriate to cancel a Penalty Charge Notice.

The process of considering challenges, representations and the defence of appeals is a legal process that requires officers dealing with these aspects to be trained in the relevant legislation and how to apply it. All challenges are carefully considered by a team of experienced adjudicators, who will take into account the nature of the contravention, the observations of the Civil Enforcement Officer (Parking Attendant) and any photographic evidence taken of the contravention as it occurred. They will then consider the grounds upon which the challenge is being made and any documentary evidence submitted in support of the challenge. If mitigating circumstances are offered, then these must be fairly and impartially considered and taken into account.

Having reached a decision, the adjudication officer will write to the person making the challenge. If the decision is to cancel the PCN, no further action is required and the case is closed. If however, the challenge is rejected, full details will be given in a letter and the owner will be informed of the options to pay or to appeal further. If the owner wishes to pursue the challenge, he or she must have regard to the information given in the letter and take the appropriate action at the correct time. We are often asked if it is possible to pay at the discounted rate and continue with the challenge process. There is no legislation in place to allow this so we cannot accept both payment and challenge - it has to be one or the other. Full payment of a PCN effectively closes the case.

The following examples show reasons why a penalty charge might be issued and what factors are taken into account when making a decision:

Code 06 (83 for car parks): Parked in a Pay and Display bay without clearly displaying a valid Pay and Display ticket

It is a legal requirement to both purchase and clearly display for the duration of the stay in a parking place, a valid pay and display ticket. It is the motorist's responsibility to check that tickets purchased are clearly displayed on the front dashboard, where the details can be seen from the outside. If a pay and display ticket is not immediately visible to the Civil Enforcement Officer, a close check will be made of the entire dashboard area, the seats and foot wells of the car as far as this is possible. If there is still no sighting of a valid ticket, a PCN will be issued. Photographic evidence is normally taken to prove that the contravention occurred and this is supported by pocket book notes made at the time.

If the non display of a ticket can be proved, then it is not normally considered relevant that a ticket valid at the time of the contravention is later produced because the actual legal requirement is not only to purchase a ticket, but to display it correctly. The onus is on the motorist to check that the ticket is in place before leaving the vehicle.

In the case of a motorcycle it is often not possible to display a ticket so we will have regard to this if a ticket, valid at the time of the contravention is produced with the challenge. Where it is the first parking contravention of a motorcyclist who claims that a Pay and Display ticket was purchased and displayed on the machine, but the ticket had been removed or blown off, a letter explaining to the motorcyclist what to do with the ticket and stub in the future, will be sent, together with a complimentary Pay and Display ticket holder, designed especially for motorcycles.

Blue Badge holders are entitled to park free of charge in our ‘on street’ Pay and Display. In car parks however, parking is free for up to three hours but only if parked in the designated disabled bays and correctly displaying badge and clock, set at the time of arrival. If all the designated bays are full, blue badge holders must pay and display as all other motorists must do, if they wish to remain in that car park.

There are warning notices at the entrance to all car parks, to alert blue badge holders to the information on the tariff boards which explain these conditions. We do expect motorists to have regard to what is written on the tariff boards, particularly when they are visitors from outside the area. Local authorities tend to have different rules or procedures for their car parks and it is worth spending a few moments to ensure that you are parked in accordance with the local rules in order to avoid the risk of incurring a PCN.

We will always consider mitigating circumstances where they were a material factor in the events which led to the issue of the Penalty Charge, but we will request proof to support those circumstances.

Code 01 - Parked in a restricted street during restricted hours (Double or Single yellow lines)

Double yellow lines mean ‘No waiting at any time’ whereas single yellow lines mean that waiting is only permitted outside the times shown on the time plate adjacent to the line. Double yellow lines are usually placed for the safety of pedestrians and motorists ie at junctions or narrow roads. Single yellow lines are normally seen where the road needs to be kept clear of parked vehicles during peak traffic flow periods ie Bohemia Road in St Leonards and lower Queens Road in Hastings. Vehicles parked during those times cause major congestion.

Vehicles are permitted to park on yellow lines however, but only in certain circumstances, for example:

For the purpose of loading or unloading heavy or bulky items
If displaying a tradesman's waiver or dispensation
If displaying a primary care worker permit (maximum stay 30 minutes)
If displaying a valid blue badge and clock, set at time of arrival (maximum stay 3 hours)

In most circumstances (but not all) a five minute period of observation is given to a vehicle parked on yellow lines, mainly to ensure that one of the above does not apply. If no valid permit or badge is displayed and there is no evidence of loading or unloading, the CEO will proceed to issue a penalty charge notice.

Challenges to these PCNs may be accepted in the following circumstances:

If evidence is available or provided to prove that goods were being delivered or collected and were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from a 'legal' parking place
Loading/unloading activity was adjacent to the premises concerned
Loading/unloading activity was timely (includes checking goods and paperwork, but not delayed by unrelated activity
Where the vehicle was prevented from moving by circumstances beyond the driver's control eg. breakdown or medical emergency provided that acceptable proof is submitted with the challenge
It was the first ‘on street’ contravention of a blue badge holder

Challenges are not likely to succeed if the vehicle was parked:

On school zig zag markings
On bus stop clearways
On taxi ranks
On police or doctor's bays
Where loading is prohibited

Code 05 (or Code 82 for off street car parks) Parked after expiry of paid for time at a pay and display bay

All pay and display machines, whether on street or in car parks produce a ticket with a tear off stub to remind the motorist when it expires. Motorists are responsible for ensuring that they return to their vehicle before that time and if they do not, they risk incurring a penalty charge notice. It is standard practice to allow some time after the expiry of a pay and display ticket before issuing a penalty charge notice (PCN), but this would not normally exceed ten minutes.

If a PCN has been issued then the contravention would have been proved. This means that the vehicle was observed in a pay and display area, displaying an expired ticket. In considering challenges to issued PCNs, we would have regard for the circumstances offered for the overstay but would expect to see evidence in support of claims that the motorist was prevented from returning to the vehicle on time by circumstances beyond their control.

There could be a number of likely scenarios offered for overstays but as each case is decided on its own merits we cannot be prescriptive about what would be accepted and what would not, although being delayed in shops, banks or at meetings is not likely to be accepted at face value.

Accidents, medical emergencies or vehicle breakdowns are treated as mitigating circumstances, but it is necessary to request proof to be provided in support of the challenge. Please note that it is for the motorist to provide proof, it is not for the council to seek it.

It is advisable to purchase sufficient time at a pay and display machine to allow for unforeseen delays and for getting back to the car, particularly if you have heavy shopping or children to manage. Always remember to tear off the stub and take it with you as a reminder of when the ticket expires.

Code 47 - Parked on a restricted Bus Stop

Hastings Borough Council operates a partnership with the local transport providers and has pledged to keep the bus stops clear of other vehicles wherever possible. Many people believe that it is acceptable to pull up in a bus stop to wait for passengers, pop into a shop or get money out of a cash machine. This is not the case and any vehicle seen parked in a bus stop will attract an instant Penalty Charge Notice, which is unlikely to be cancelled if challenged. The only time a challenge might be successful is if the CEO made a mistake or if the driver was having a medical emergency, which could be proved.