Challenging a Penalty Charge Notice (PCN)
The Council issues Penalty Charge Notices (PCN) to vehicles, or to persons appearing to be in charge of vehicles, if they believe that the vehicle has contravened the Council’s Traffic Regulation Orders.
This includes on and off street parking and bus lane/gate enforcement.
Parking Attendants do not have the authority to cancel a PCN once it has been issued.
If you think the PCN was issued wrongly, you may challenge it on the following grounds:
- The contravention did not occur.
- The penalty exceeded the relevant amount.
- The Traffic Order was invalid.
- You were not the owner/keeper of the vehicle at the time of the contravention.
- The vehicle had been taken without your consent (i.e. stolen).
- You are a hire firm and you have supplied the name and address of the hirer (and a copy of the hire agreement).
Whilst other mitigating circumstances will be considered, please read the further guidance.
Informal Challenge
Any objection to a PCN must be made within 14 days of issue and must explain why you wish to appeal.
As all matters relating to a PCN can lead to a debt being registered at the County Court, they have a legal significance. As a result all enquiries must be made in writing or by using the on-line form. Written enquiries must be sent to:
Sheffield City Council
Parking Services
P.O. Box 3830
SHEFFIELD
S1 9AQ
If your challenge is received within 14 days of the date the PCN was issued and it is successful, the PCN will be cancelled and you will receive a letter confirming this.
If your challenge is not received within 14 days of the date the PCN was issued, the full charge will apply.
If your challenge is received within 14 days of the date the PCN was issued, and it is rejected, we will allow you 14 days from the date of our reply to pay the reduced charge. Otherwise the full charge will be requested. The Council will respond to only one challenge and any further representation, or appeal, must be made by following the next stage of the procedure, detailed below.
Formal Representation
If your payment is not received after 28 days, (or within 14 days of the reply to an informal challenge) we will send the registered keeper of the vehicle a Notice-to-Owner (NtO) letter, which gives a final chance to pay the Penalty Charge or make representations. If your representations are successful, the PCN will be cancelled and you will receive a letter confirming this.
The owner of the vehicle is responsible for payment of the Penalty Charge, irrespective of who was driving the vehicle at the time the PCN was issued (except where the vehicle was hired to the driver and a copy of the hire agreement is provided, whereby the driver has accepted full liability for traffic and parking penalties).
The reverse of the NtO form offers the opportunity to make a formal representation (within 28 days) on the grounds listed above.
Alternatively, if you prefer, you may use the on-line form.
If your representations are rejected, we will send you a Notice of Rejection letter requesting payment of the full charge. We will also include an appeal form. (see below).
Appeal to the Traffic Penalty Tribunal
The final opportunity to appeal is to the Traffic Penalty Tribunal, which is an independent tribunal. The required appeal form will be included with the Council’s Notice of Rejection of Representation letter. You can then either pay the full charge or send the completed appeal form to the Traffic Penalty Tribunal where an adjudicator will examine your case. The Traffic Penalty Tribunal will not charge you to appeal. Their decision is final and binding on both sides.
If the Traffic Penalty Tribunal allows the appeal, the Council will be instructed to cancel the PCN. However, if the Tribunal rejects the appeal, you will be required to pay the full charge. Please note that you cannot appeal to the Traffic Penalty Tribunal unless you have already received a Notice of Rejection of Representation from the Council.