Representation against a Notice to Owner
When a Notice to Owner (NtO) is issued, the vehicle owner will be provided with information on the statutory grounds for making a formal representation. As with informal challenges, representations must be made in writing.
If you have already made an informal challenge against a Penalty Charge Notice (PCN) before receiving an NtO and the challenge was rejected, you can still make a representation when you receive the NtO.
If you want to continue to challenge your PCN, it is important that the representation form is completed and returned within 28 days of service of the NtO to the address specified. If you do not do this, you may lose your chance to refer the case to the Independent Adjudicator. We will respond to your representation by either sending a Notice of Acceptance of Representation and cancelling the PCN, or by sending you a Notice of Rejection of Representation.
- Representations should be made not later than the last day of the period of 28 days on which the NtO was served (service is taken to be the second working day after the day of posting). Representations made outside of this period may not be considered without evidence to show that a representation could not have been made within the period.
- Representations should include any evidence that may support your case.
- As there is clear separation between the teams that deal with informal challenges and representations, your representation will be given fresh and impartial consideration.
- We must send notice of our decision regarding representations within 56 days, however a response may be sent sooner.
- You can make a representation online.
If your representation is successful the PCN will be cancelled and we will send you a Notice of Acceptance. If it is not successful we will send you a Notice of Rejection and a form giving you the opportunity to refer your case to the Independent Adjudicator. At this stage you may pay the full charge or make an appeal by sending the completed appeals form to the Independent Adjudicator at the Traffic Penalty Tribunal. There is no charge to appeal. The decision by the Independent Adjudicator is final and binding on both sides.
The NtO contains the specified grounds on which you may make a representation and in addition we must consider any other reasons why you believe we should cancel the Notice. Here are some examples of possible reasons, please note these are for guidance only:
|Mitigating Circumstance||Our Guidance|
|Pay and Display ticket machine was out of order.||Notice may be waived if there are ticket machine records confirming a malfunction and no other working machine was available for use within street. If only one machine present in the location and there is evidence to support the claim the notice may be waived.|
|I was delayed due to an emergency.||Notice may be waived if appropriate supporting evidence from doctor / emergency service is provided.|
|Blue badge was accidentally displayed incorrectly.||If a valid badge is produced the notice may be waived. If waived, the decision may be taken into consideration should another notice be issued in similar circumstances.|
|I was ill and couldn't return to my car in time.||Notice may be waived if appropriate supporting evidence from doctor provided.|
|My car broke down.||Notice may be waived upon provision of satisfactory evidence (breakdown recovery call-out sheet and garage/purchase parts invoice).|
|Resident's visitor's permit (scratchcard) completed incorrectly.||If photographic evidence shows a minor omission the notice may be waived. If waived, the decision may be taken into consideration should another notice be issued in similar circumstances.|
|Snow, leaves, etc covered the road markings and/or signage when I parked.||If photographic evidence confirms the grounds of representation the notice may be waived.|