Parking - England
The penalty exceeded the amount that applied in the circumstances
This means the local authority has asked for more than they are entitled to under the relevant regulations. This is either £50 or £70, depending on what the penalty was issued for.
The contravention did not occur.
For example:
- the signs and lines were wrong
- the events alleged did not happen
- the vehicle was entitled to park
- loading or unloading was taking place
- a passenger was boarding or alighting
- a valid disabled person’s badge was displayed
- a valid pay-and-display ticket or permit was displayed.
The relevant Traffic Regulation Order (TRO) is invalid
TROs are by-laws – created by local authorities – that specify parking restrictions and the conditions under which vehicles may park. This ground means the TRO was invalid or illegal.
There has been a procedural impropriety by the local authority.
This means the local authority has not complied with the relevant regulations. For example:
- the Penalty Charge Notice (PCN) or another document did not provide the required information.
- the local authority did not respond to a challenge, or responded too late.
A penalty was sent by post because the local authority claim someone prevented the Civil Enforcement Officer (CEO) from putting it on the vehicle or handing it to the driver. But in fact, the CEO was not prevented from doing this.
You did not own the vehicle when the alleged contravention occurred.
For example:
- you never owned it.
- you sold it before or bought it after the date of the contravention – you should say what you know about the transaction including the new or former owner’s name and address, if known.
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the registered keeper to the hirer.
The owner is a vehicle hire firm.
and:
• the vehicle was on hire under a qualifying hiring agreement, and:
• the hirer had signed a statement of liability for any Penalty Charge Notice (PCN) issued during the hire period.
This ground applies only to formal hire agreements where the hirer has signed an agreement accepting liability for penalty charges. The requirements are specific. You can see find them here: Schedule 2 to the Road Traffic (OwnerLiability) Regulations 2000 and here: Section 66 of the Road Traffic Offenders Act1988. You should provide the hirer’s name and address and a copy of the agreement
The vehicle was taken without the owner’s consent.
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
Compelling reasons.
The penalty has already been paid.
either:
- in full, or:
- at the discount rate and in time.
Parking - Wales
The contravention did not occur.
For example:
- the signs and lines were wrong
- the vehicle was permitted to be in the bus lane
- the vehicle was not in the bus lane/box junction
The penalty exceeded the amount that applied in the circumstances.
This means the council have asked for more than they are entitled to under the relevant regulations.
|
Levels of penalty charge |
||||||
| Band | Higher-level penalty charge | Lower-level penalty charge | Higher-level penalty paid early | Lower-level penalty charge paid early | Higher-level penalty charge paid after service of charge certificate | Lower-level penalty charge paid after service of charge certificate |
| 1. | £60 | £40 | £30 | £20 | £90 | £60 |
| 2. | £70 | £50 | £35 | £25 | £105 | £75 |
The relevant traffic regulation order (TRO) is invalid
TROs are bylaws – created by councils – which specify parking restrictions and the conditions under which vehicles may park. This ground means the TRO was invalid or illegal.
There has been a procedural impropriety by the council
This means the council have not complied with the relevant regulations. For example:
- the penalty charge notice or another document did not give the required information
- the council did not respond to a challenge or responded too late.
A penalty was sent by post because the council say someone prevented the civil enforcement officer (CEO) from putting it on the vehicle or handing it to the driver. But in fact the CEO was not prevented from doing this. (Parking penalties only)
You did not own the vehicle when the alleged contravention occurred
For example:
- you never owned it
- you sold it before or bought it after the date of the contravention – you must say what you know about the transaction including the new or former owner’s name and address, if known
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the registered keeper to the hirer.
The owner is a vehicle hire firm
and:
- the vehicle was on hire under a qualifying hiring agreement, and
- the hirer had signed a statement of liability for any penalty charge notice issued during the hire period.
This ground applies only to formal hire agreements where the hirer has signed an agreement accepting liability for penalty charges. The requirements are specific. You can see them here: Schedule 2 to the Road Traffic (Owner Liability) Regulations 2000 and here: Section 66 of the Road Traffic Offenders Act 1988. You should provide the hirer’s name and address and a copy of the agreement.
The vehicle was taken without the owner’s consent
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
The penalty has already been paid
either:
- in full, or
- at the discount rate and in time.
Compelling reasons
Bus Lanes and Moving Traffic Penalties - Wales
The contravention did not occur.
For example:
- the signs and lines were wrong
- the vehicle was permitted to be in the bus lane
- the vehicle was not in the bus lane/box junction
The penalty exceeded the amount that applied in the circumstances.
This means the council have asked for more than they are entitled to under the relevant regulations.
The relevant traffic regulation order (TRO) is invalid
TROs are bylaws – created by councils – which specify parking restrictions and the conditions under which vehicles may park. This ground means the TRO was invalid or illegal.
There has been a procedural impropriety by the council
This means the council have not complied with the relevant regulations. For example:
- the penalty charge notice or another document did not give the required information
- the council did not respond to a challenge or responded too late.
A penalty was sent by post because the council say someone prevented the civil enforcement officer (CEO) from putting it on the vehicle or handing it to the driver. But in fact the CEO was not prevented from doing this. (Parking penalties only)
The owner is a vehicle hire firm
and:
- the vehicle was on hire under a qualifying hiring agreement, and
- the hirer had signed a statement of liability for any penalty charge notice issued during the hire period.
This ground applies only to formal hire agreements where the hirer has signed an agreement accepting liability for penalty charges. The requirements are specific. You can see them here: Schedule 2 to the Road Traffic (Owner Liability) Regulations 2000 and here: Section 66 of the Road Traffic Offenders Act 1988. You should provide the hirer’s name and address and a copy of the agreement.
You did not own the vehicle when the alleged contravention occurred
For example:
- you never owned it
- you sold it before or bought it after the date of the contravention – you must say what you know about the transaction including the new or former owner’s name and address, if known
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the registered keeper to the hirer.
The vehicle was taken without the owner’s consent
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
The penalty has already been paid
either:
- in full, or
- at the discount rate and in time.
Compelling reasons
Bus Lanes and Moving Traffic Penalties - Wales
The contravention did not occur.
For example:
- the signs and lines were wrong
- the vehicle was permitted to be in the bus lane
- the vehicle was not in the bus lane/box junction
The penalty exceeded the amount that applied in the circumstances.
This means the council have asked for more than they are entitled to under the relevant regulations.
|
Levels of penalty charge |
||||||
| Band | Higher-level penalty charge | Lower-level penalty charge | Higher-level penalty paid early | Lower-level penalty charge paid early | Higher-level penalty charge paid after service of charge certificate | Lower-level penalty charge paid after service of charge certificate |
| 1. | £60 | £40 | £30 | £20 | £90 | £60 |
| 2. | £70 | £50 | £35 | £25 | £105 | £75 |
The relevant traffic regulation order (TRO) is invalid
TROs are bylaws – created by councils – which specify parking restrictions and the conditions under which vehicles may park. This ground means the TRO was invalid or illegal.
There has been a procedural impropriety by the council
This means the council have not complied with the relevant regulations. For example:
- the penalty charge notice or another document did not give the required information
- the council did not respond to a challenge or responded too late.
A penalty was sent by post because the council say someone prevented the civil enforcement officer (CEO) from putting it on the vehicle or handing it to the driver. But in fact the CEO was not prevented from doing this. (Parking penalties only)
The owner is a vehicle hire firm
and:
- the vehicle was on hire under a qualifying hiring agreement, and
- the hirer had signed a statement of liability for any penalty charge notice issued during the hire period.
This ground applies only to formal hire agreements where the hirer has signed an agreement accepting liability for penalty charges. The requirements are specific. You can see them here: Schedule 2 to the Road Traffic (Owner Liability) Regulations 2000 and here: Section 66 of the Road Traffic Offenders Act 1988. You should provide the hirer’s name and address and a copy of the agreement.
You did not own the vehicle when the alleged contravention occurred
For example:
- you never owned it
- you sold it before or bought it after the date of the contravention – you must say what you know about the transaction including the new or former owner’s name and address, if known
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the registered keeper to the hirer.
The vehicle was taken without the owner’s consent
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
The penalty has already been paid
either:
- in full, or
- at the discount rate and in time.
Compelling reasons
Littering from Vehicles
The littering offence did not occur.
I was not the keeper of the vehicle at the time of the littering offence.
I sold the vehicle.
The vehicle was stolen.
The vehicle was a hire vehicle.
I was not the keeper of the vehicle at the time for another reason.
The penalty was issued too late or is a duplicate.
The vehicle is a PSV, Taxi or Private hire vehicle.
I have already received a penalty for this offence.
The fixed penalty exceeds the maximum amount payable under the Regulations.
There was a procedural impropriety.
I have compelling reasons.
Clean Air Zones
You were not the owner of the vehicle at the time it was used in the zone.
For example:
- You have never been the Registered Keeper
- you sold the vehicle before, or bought it after, the time it was detected in the zone. You will usually be required to provide the name / address details of who you bought the vehicle from / sold the vehicle to in your appeal. If you cannot do this, you should explain why
- it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the lessee.
The charge did not apply to the vehicle
For example, the vehicle met the applicable emissions standard or a particular exemption applied.
The charge for using the vehicle in the zone was paid in time
Payments for using a vehicle in the zone are not made to the council directly, but online at the GOV.UK Drive in a Clean Air Zone service. A telephone payment service and helpdesk is also available on 0300 029 8888 (lines open Monday to Friday, 8am to 4.30pm).
The vehicle was used in the zone by someone else without your knowledge or consent
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joy riders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police when submitting an appeal.
The owner is a vehicle hire (or lease) firm and the vehicle was used in the zone by a hirer / lessee
This ground applies only to qualifying formal hire / lease agreements, where the hirer / lessee has signed an agreement accepting liability of penalty charges issued during the hire / lease period. You should provide the hirer’s / lessee’s name and address and a copy of the agreement when making an appeal to us.
There has been a procedural error when dealing with your case or the PCN
This means the charging authority has not complied with the relevant regulations. For example:
- the Penalty Charge Notice or another document did not give the required information
- the charging authority did not respond to a challenge, or responded too late.
The penalty exceeded the amount that applied in the circumstances of the case.
Select this ground if the penalty charge on the PCN is incorrect (the charging authority has asked for more than it is entitled to under the relevant regulations). This should be £120.
Compelling reasons.
The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask the charging authority to reconsider its decision to issue the penalty. You should explain clearly why you are appealing and provide as much detail on the circumstances as possible, which the Traffic Penalty Tribunal Adjudicator will consider.
Dart Charge
You were not the registered keeper of the vehicle when the alleged contravention occurred.
For example:
- You have never been the registered keeper
- you had ceased to be the registered keeper of the vehicle at the time of the alleged contravention
- you became the registered keeper after the time of the alleged contravention.
The vehicle was taken without the owner’s consent.
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage, or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
The owner is a vehicle hire firm.
The road user charge was paid on time and as required.
The road user charge should be paid either in advance or by midnight the day after crossing.
No user charge or penalty is payable.
The penalty exceeded the amount that applied in the circumstances.
This means the charging authority has asked for more than they are entitled to under the relevant regulations. The full amount is £70.
There has been a procedural impropriety by the charging authority.
This means the charging authority has not complied with the relevant regulations. For example:
- the Penalty Charge Notice or another document did not give the required information
- the charging authority did not respond to a challenge, or responded too late.
Compelling reasons.
If the adjudicator agrees that you have compelling reasons why the penalty should not be paid, they may make a recommendation to the charging authority that they cancel the penalty. If the charging authority chooses not to do this, they must explain why.
The adjudicator cannot cancel a penalty based on compelling reasons.
Merseyflow
You were not the registered keeper of the vehicle when the alleged contravention occurred.
For example:
- You have never been the registered keeper
- you had ceased to be the registered keeper of the vehicle at the time of the alleged contravention
- you became the registered keeper after the time of the alleged contravention.
The vehicle was taken without the owner’s consent.
This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joyriders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police.
The owner is a vehicle hire firm.
The road user charge was paid on time and as required.
The road user charge should be paid either in advance, or by midnight the day after crossing.
No user charge or penalty is payable.
The penalty exceeded the amount that applied in the circumstances.
This means the charging authority has asked for more than they are entitled to under the relevant regulations. The full amount is £40.
There has been a procedural impropriety by the charging authority.
This means the charging authority has not complied with the relevant regulations. For example:
- the Penalty Charge Notice or another document did not give the required information
- the charging authority did not respond to a challenge, or responded too late.
Compelling reasons.
If the adjudicator agrees that you have compelling reasons why the penalty should not be paid, they may make a recommendation to the charging authority that they cancel the penalty. If the charging authority choose not to do this, they must explain why.
The adjudicator cannot cancel a penalty based on compelling reasons.