Penalty charge notice discretionary policy

Statutory grounds

We review every submitted challenge and representation. This includes both a:

  • Penalty Charge Notice (PCN)
  • Notice to Owner (NtO)

When we assess a case, we consider both the:

  • statutory grounds
  • relevant mitigating circumstances

There are 8 main statutory grounds:

  1. The offence didn't happen - The officer or council made a mistake when issuing the PCN.
  2. The fine is too high - You were charged more than the law allows.
  3. The traffic rules weren't valid - We didn't set the restriction up properly or legal steps weren't followed.
  4. You didn't own the vehicle at the time - You had sold or transferred the vehicle before the alleged offence.
  5. The vehicle was taken without your permission - It was stolen or used by someone without your consent.
  6. It was a hire vehicle - The hire company has passed on the driver's details, making them responsible.
  7. The council didn't follow proper procedures - There was a mistake in how the PCN was issued or handled.
  8. The PCN was already paid - You paid the full or discounted amount on time, so it shouldn't have gone further.

For PCNs sent by post, there's one extra statutory ground:

  • The officer wasn't stopped from issuing the PCN in person - Where we have claimed that the officer couldn't put the PCN on the vehicle or hand it to the driver, but that wasn't actually the case.

You can find full details of the main statutory grounds under section 8 of the full policy document.

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