Guide to appealing a Penalty Fine
Appealing a Penalty Charge Notice
Should you receive a PCN and believe that you are not liable to pay the charge, you must write to the Parking Department as soon as possible to register your appeal:
Parking Services, Swale Borough Council, Swale House, East Street, Sittingbourne Kent, ME10 3HT
A valid reason must be given, include as much information/evidence as you can.
A reply to your appeal will be sent stating whether or not it has been accepted. If it is accepted no payment is required and the PCN cancelled. If it is rejected and your written appeal was received within 14 days of the date of the PCN, you will then have a further 14 days to pay the PCN at the discounted rate.
If payment is not made within 28 days, the registered keeper of the vehicle will be sent a 'Notice to Owner'. This advises that there is further 28 days to pay the PCN in full (no discount) or make a formal written representation to the Council.
The following reasons for an appeal would be considered valid, if supported by proof:
- I was not the owner of the vehicle at the time of the alleged contravention. Enclose details – such as a receipt of sale/purchase or a copy of the DVLA registration form. You must give the name and address of the person who bought/sold the car and the date of the sale/purchase in the box below.
- The vehicle was parked by a person who was in control of it without my consent. Supply proof such as police crime report number and police station address or insurance claim in the box below.
- We are a hire firm and the person hiring the vehicle has signed a statement accepting liability. Please supply a copy of the signed hire agreement including the name and address of the hirer in the box below.
- The alleged contravention did not occur. Explain why you believe no contravention took place.
- The penalty charge exceeded the amount applicable in the circumstances of the case. That is, you have been asked to pay more than you are legally liable to pay please complete the box below.
- The relevant designation order was invalid. You believe the parking restriction in question was invalid or illegal. Please give full details.
- There has been a procedural impropriety on behalf of the authority. State why you believe the authority has acted improperly or in breach of the regulations.
- Penalty Charge Notice was paid, either in full or at discounted rate within the discount period. Additional evidence such as receipt number or date cheque cashed at Bank.
The following reasons for appeal would not be considered valid:
- Unfair parking restriction;
- Had gone to get change for the ticket machine;
- Was not parked there for long;
- Car was not causing an obstruction;
- Could not park anywhere else;
- Car ran out of petrol.
Parking - Audit of Accounts
The council is a member of the Parking and Traffic Regulations Outside London (PATROL) Adjudication Joint Committee. The Joint Committee publishes an Annual Statement of Accounts which is subject ot External Audit and the arrangements for 2010/11 can be found at PATROL - Accounts 2010/11.
Further information
Download 'Guidelines for the consideration of challenges against Penalty Charge Notices' (Pdf file format, opens in a new browser window).
Read more about Parking Enforcement Regulations
Website: PATROL UK
