Worthing Borough Council

Appeal your Penalty Charge Notice

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0845 680 0189 (charged as a local rate call)

report.onparking@nslservices.co.uk

If you think you have been issued with a Penalty Charge Notice (PCN) unjustly, or that there was a valid justification for parking as you did (i.e. mitigating circumstances), you are entitled to make a representation.

Making your appeal

In order to make a representation against a PCN please write, quoting your PCN reference number, vehicle registration number, name and address and enclose copies of any supporting evidence, such as your Blue Badge or your pay and display ticket, photos of any signs/lines at the time of the contravention to:

Online

Manage your Penalty Charge Notice (PCN) Online

Post

Notice Processing Department
PO Box 4701
Worthing
West Sussex
BN11 9HS

Telephone

0845 680 0189 - for advice or queries only.

If you want a step-by-step guide on how to appeal online, please look at this presentation.

How can I challenge a PCN?

If you wish to challenge the PCN you need to do so in writing to the above address or using the online service detailing why you feel that the PCN was incorrectly issued, or detailing any mitigating circumstances that you would like to be considered, where NSL Services Group will consider your initial informal appeal.

Please do not send payment at the same time as appealing, as payment is seen as admitting liability and the appeal will not be considered.

Once we have received your challenge, we will aim to respond within 10 working days.

What are the stages of challenging the issue of a PCN?

There are three stages in challenging the issue of a PCN: an informal Challenge during the first 28 days after issue, and a formal Representation thereafter.

1. Any correspondence received within the initial 28 day period (as an informal Challenge) will be considered in line with policy. If received in the first 14 days (during which the discounted rate applies), NSL Services Group will extend the discount period whilst they consider the Challenge. If the Challenge is accepted, the PCN will be cancelled and a letter sent to the motorist. If more evidence or details are needed, a letter requesting the information within 14 days will be sent to the motorist (if no information is received within 14 days, the challenge will be rejected).
2. If the Challenge is rejected, NCL Services Group will send a letter clearly explaining the reason, later followed by a Notice to Owner (NtO)a few weeks later. A formal Representation may then be made using the NtO and sent to Worthing Borough Council via the PO Box Address.  If the NtO is not completed, the motorist loses any further right to dispute the PCN.  If this is again rejected, A Notice of Rejection will be sent.  If accepted, a Notice of Acceptance will be sent and the fine cancelled.
3. Following the receipt of a Notice of Rejection, the person then has the right to make an Appeal to the Traffic Penalty Tribunal, an independent body which has been set up to ensure that unresolved legal disputes between the motorist and the councils can be heard at a formal tribunal hearing. This body is independent of the council. If you are not satisfied by the outcome of a representation that you have made to the Council that issued the PCN, you are entitled to make an appeal to the Traffic Penalty Tribunal (for futher information see www.trafficpenaltytribunal.gov.uk).

How long does the Representation process take?

On average it will take 1-2 months to prepare the evidence but the case is actually heard as one of a number at a single sitting of approximately 1-2 hours.

If I challenge the PCN will the charge increase?

If any appeal is made against the PCN within 28 days of the PCN being issued then it is put on hold until the informal representation is reviewed and for 14 days after the decision notice has been sent. Once a Charge Certificate has been issued (on or shortly after 56 days from date of PCN issue if no payment has been received or no valid Challenge or Representation has been made), payment due will be increased by 50%.

On what grounds can I make an appeal?

Attached are the guidelines with which appeals staff must consider appeals.  It is important to note that all cases are reviewed on their individual merits and that these guidelines change regularly.

Appeal statictics - Annual Report

If you would like to see sone statistics of the results of some of the appeals made in the last financial year against Penalty Charge Notices, the Annual Report document here may give you some encouragement.

Worthing Borough 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 to External Audit and the arrangement and timetable for 2009/2010 can be found on the PATROL website.

PLEASE NOTE: Once a ticket has been issued, it cannot be cancelled by a civil enforcement officer, so please do not ask. Threatening behaviour, verbal or physical abuse towards officers will not be tolerated, and will be reported to the police. Instead, please make a representation where the circumstances of the ticket’s issue will be considered.

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