t: 020 7219 8155 e: fieldm@parliament.uk

Parking

November 19, 2009

If you have received a parking fine that you believe has been unfairly issued or a Congestion Charge bill that you believe to be incorrect, you can make a complaint. You should be advised that parking issues do not come within an MP’s jurisdiction and Mark has no influence on the parking policies of Westminster City Council, the City of London or Transport for London. If you live outside Mark’s constituency and you have been issued with a fine, you should contact the MP for the area in which you reside although, as advised, parking matters lie outside an MPs’ jurisdiction.

Westminster

By law, all challenges to Penalty Charge Notices must be made in writing, which can be by e-mail using the Council’s online form, or by sending a letter in the post.

There are a number of stages to the challenge process:,

  • Informal Challenge

You can make an informal challenge up to 28 days after the PCN is issued. More information on making an informal challenge.

  • Formal representation

If you do not pay or challenge your PCN within the first 28 days after the PCN is issued, we will issue a written reminder called a ‘Notice to Owner’ providing the option to either pay the PCN or make a formal representation.

More information on making a formal representation.

Parking appeals

If you have made a formal representation and it has been rejected by the Council, you can make an appeal to an independent Parking Adjudicator at the Traffic and Parking Appeals Service to have the decision reviewed.

More information on parking appeals.

If you are still unhappy, you should contact your local councillor who is elected to represent you to Westminster City Council.

City of London

If you believe a Penalty Charge Notice has been wrongly issued or you have mitigating circumstances, there is a three stage appeal process.

  • You may initially dispute the PCN with the City. They will carefully investigate the circumstances surrounding the issue of your PCN and either cancel your ticket or explain why it cannot be cancelled.
  • If you are dissatisfied with their response, you may make a formal representation to them. They will reconsider your case.
  • If you remain dissatisfied with the outcome you may appeal to the Parking and Traffic Appeals Service an independent tribunal.

Disputing a ticket

You may dispute a ticket:

  • online
  • by email to DES-PTO@cityoflondon.gov.uk , please ensure you include your full postal address and the ticket number
  • by fax to 020 7332 3776
  • by post to Parking Ticket Office, Department of Environmental Services, City of London, PO Box 270, London, EC2P 2EJ

Whilst they are dealing with your challenge, the charge for the ticket will not increase. If they reject your challenge and ask for payment, you will be given further time to make payment before the penalty increases.

The City aims to respond to all challenges within 15 working days. They may take longer during particularly busy periods or if they have to make further enquiries. Click here for further information about disputing a PCN.

Making a formal representation (with the exception of Moving Traffic contraventions)

If they reject your challenge or if a ticket remains unpaid after 28 days, they will write to the owner or the keeper of the vehicle giving details of how to make a formal representation to us. The owner or keeper must wait until he or she receives a document known as a Notice to Owner or Enforcement Notice. He or she may then make a representation:

  • online
  • by fax to 020 7332 3776
  • by post to Parking Ticket Office, Department of Environmental Services, City of London PO Box 270, London, EC2P 2EJ

The City will reconsider the case. they we are dealing with your representation, the charge for the ticket will not increase. If they reject the challenge and ask for payment, further time will be given to make payment before the penalty increases.

Making a formal representation for a Moving Traffic contravention

The vehicle’s owner may dispute a ticket within 28 days of the date on which the PCN was served (delivered):

  • online
  • by fax to 020 7332 3776
  • by post to Parking Ticket Office, Department of Environmental Services, City of London PO Box 270, London, EC2P 2EJ

Whilst they are dealing with your challenge, the charge for the ticket will not increase. If they reject your challenge you will be issued with a Notice of Rejection and appeal form. You will be given further time to make payment before the penalty increases.

The City aims to respond to all challenges within 15 working days. They may take longer during particularly busy periods or if they have to make enquiries of others. Further information about disputing a PCN.

Appealing to the Parking and Traffic Appeals Service

If they reject the formal representation, they will send the necessary forms to enable the owner or keeper to appeal to the Parking and Traffic Appeals Service. Appeals must be sent directly to the Appeals Service.

Vehicle clamping and removal

The City of London operates a clamp and removal facility for illegally parked vehicles and persistent evaders.

If your vehicle has been clamped, you should contact the City of London Car Pound on 070 7332 3030 (see operational hours below), to make payment by Credit Card/Debit Card.

If your vehicle has been removed, you will need to attend the Car Pound in person.

The Car Pound is open Monday to Friday (excluding Bank Holidays) between 7.00 am and 7.00 pm. The Car Pound is located at:

Crown Wharf
Bidder Street,
Canning Town
London
E16 4ST

Transport for London

A PCN may be issued if you have not paid Congestion Charge. If you wish to challenge a PCN then you have 28 days from the date of service of the PCN to get your Representation to TfL. TfL does not have to consider any Representations received outside the 28 day period.

  • Do not delay in sending the Representation
  • If you are prevented from making your Representation TfL does use discretion and may consider it
  • You must explain the reason why your Representation is late and provide supporting evidence as merely having forgotten is not a valid reason, i.e. if you were prevented from making the Representation due to illness or a holiday then enclose proof of these circumstances and TfL may consider it
  • When TfL receives your Representation the PCN will be frozen until they have investigated it and written back to you with their reply

In writing

Representations must be made in writing. The easiest way is to complete the Representation section provided as part of the PCN:

  • If applicable please indicate on which ground you wish to make the Representation
  • Add any details in the space provided (if you need more space attach a separate sheet remembering to write the PCN number on each extra sheet)
  • Enclose any supporting evidence
  • Sign and date the Representation
  • Return it to Congestion Charging, PO BOX 2984, Coventry CV7 8YR

The Registered keeper

The PCN is normally sent to the registered keeper of the vehicle as per the records of the Driver and Vehicle Licensing Agency (DVLA).

PCNs may also be issued to the nominated hirer/lessee of the vehicle if a valid hire agreement is provided by the registered keeper.

It is the person or organisation named on the PCN who MUST make the Representation, even if they were not the driver.

  • The registered keeper can make a Representation on behalf of a third party
  • However, TfL will NOT consider a Representation from a third party unless the registered keeper provides them with written authorisation. So if you have been passed the PCN by the registered keeper and wish to challenge the PCN, get them to write in on your behalf or provide you with written authorisation to send in with your Representation.
  • TfL will always advise the registered keeper of the outcome of any investigation
  • If the registered keeper is a Company and you are making a Representation on behalf of the Company please indicate your position and authorisation within the Company when making your Representation
  • Return it to Congestion Charging, PO BOX 2984, Coventry CV7 8YR

TfL’s Response

When TfL have considered your Representation they will write back to you with their response. You will be sent one of two things:

A Notice of Acceptance

  • This means that you are no longer liable for the PCN
  • Please read all the details in the letter as they will often explain why you received the PCN and what you can do to prevent further PCNs

A Notice of Rejection

  • This means that TfL believe you are still liable for the PCN
  • TfL have assessed your Representation in terms of the grounds for Representation, any mitigating circumstances and considered the use of our discretion
  • Please read all the details as they will explain why you are still liable
  • They will tell you how much you must pay and how to pay. Not paying will mean an increase in the amount you owe and enforcement action continuing
  • If applicable they will tell you about your right to appeal to an independent Adjudicator
  • They may ask you for additional information. If this is the case then follow the advice given and return the information to us within the time stipulated
  • Do not do nothing

The Grounds for making a Representation

A Representation may be made on one of six grounds, or if none of these are applicable you may state the reasons why you do not believe that you are liable for the PCN. See the TfL website for further details.

Mitigation and discretion

If none of the six grounds are applicable you may still make a Representation to TfL, explaining your circumstances and they will carefully consider these.

TfL will consider mitigating circumstances and in reaching any decision they will always consider the use of their discretion.

If these circumstances match yours then they recommend that you pay the PCN and remember to pay the charge in the future. If you are a regular user you may wish to pay for a monthly or annual charge which will include some free days.

If however there are mitigating circumstances which meant that you could not pay or had to enter the zone in an emergency then we may consider these so please make a Representation.

You will need to explain the circumstances that prevented you from paying and you should provide supporting evidence to demonstrate the emergency. For example, you may have been prevented from paying the charge due to a medical emergency or made a genuine attempt to pay the charge. Where this is the case, you should explain the circumstances as fully as possible and enclose as much evidence as possible to support your case.