traffic management act 2004 grounds for appeal

These restrictions can relate to parking, bus lanes, littering from vehicles and (in Wales only) moving traffic. A Merseyflow PCN document will include details of: The Road User Charging Scheme in place, including how PCNs can be enforced by Halton Borough Council, is provided for and regulated by various pieces of legislation. An Order for Recovery details how the outstanding PCN amount (and the £8 fee) should be paid, and by what date. The law basically says that you should not obstruct dropped kerbs unless you are obstructing a dropped kerb outside a house with the permission of the owner. Traffic restrictions (as detailed in Traffic Regulation Orders [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]) are identified on a carriageway to motorists by signs, signals and road markings / lines. Adjudication is the process of deciding whether the motorist is liable to pay the penalty, based on the facts of the case and evidence submitted by the two parties: the appellant and authority. File a Witness Statement (TE9) to the Traffic Enforcement Centre by the date shown on the TE3 on one of the following four grounds: 1. The charging authority for the scheme is Halton Borough Council. Our online appeals management system allows you to upload a large range of evidence directly to your online case file, either when first submitting an appeal or when it is in progress. A Penalty Charge Notice (PCN) is a document issued by a local authority or charging authority to a motorist, detailing an alleged contravention of its traffic restrictions (as detailed in Traffic Regulation Orders or Road User Charging Scheme Orders) by the vehicle they were driving. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. The authority can take this option by applying to review the decision. If you make representations to the local authority or charging authority that issued your Penalty Charge Notice (PCN) – explaining why you think you should not have received the PCN – that authority will either accept or reject your challenge. Penalty charges are: £70 (£35 if paid within 14 days) for major offences. The following four grounds / reasons are provided; one must be selected. The recovery of money by a Bailiff / Civil Enforcement Agent is facilitated by a legal document called a Warrant of Execution. There are numerous possible parking contraventions, identified by a series of Contravention Codes. The Adjudicator cannot cancel a penalty based on compelling reasons. It could apply, for example, to a vehicle taken by ‘joy riders’. A Bus Lane Penalty Charge Notice (PCN) is a document issued by a local authority to a motorist, detailing an alleged contravention of its traffic restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. If a Parking Penalty Charge Notice (PCN) is not paid within 28 days of being issued, or an Informal Challenge made against the penalty was unsuccessful, the local authority will issue a Notice to Owner (NtO)* to the Registered Keeper of the vehicle. Drawings and diagrams to explain a situation. The combination of letters and numbers on a vehicle’s number plate. In England, parking contraventions are enforced under the Act*; while in Wales, parking, bus lane and moving traffic contraventions are enforced.*. Our parking regulations follow the Traffic Management Act 2004. If payment of the daily clean air zone charge/s is not made on time, a Penalty Charge Notice (PCN) will be sent to the Registered Keeper of the vehicle that entered the zone. Wolverhampton City Council deployed a CCTV vehicle in order to address parking at hotspots or problem areas where motorists are putting the safety of others at risk and causing unnecessary congestion. You need to be logged in to see this part of the content. 52.1 (1) The rules in this Part apply to appeals to – (a) the civil division of the Court of Appeal; (b) the High Court; and (c) the County Court. A Witness Statement form or Statutory Declaration form (if relating to a Bus Lane PCN) will be included with the Order for Recovery. * For PCNs issued to the windscreen of a vehicle or handed to the driver, in the case of parking contraventions, the challenge process starts with an Informal Challenge to the authority, before representations can be made. Unsure which ground applies to your case? Evidence can be provided in a number of ways, though more than 95% of appellants choose to use our online appeals management system (see below). RECOMMENDATIONS 2.1 That Members note the changes that would be required to the delivery of The alleged contravention is detected and recorded by a video camera. TRAFFIC MANAGEMENT ACT 2004 – PART 6 1. Please note that if an NTO is posted first class the document is normally deemed to have been received on the second working day after the day of posting. This data is currently being prepared. The civil enforcement of parking by a local authority – including the issuing of NtOs – is provided for and regulated by various pieces of legislation. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. You should explain clearly why you are appealing and as much detail on the circumstances as possible, which the Adjudicator will consider. £50 (£25 if paid within 14 days) for minor offences. You should provide the hirer’s name and address and a copy of the agreement when making an appeal to us. A Littering from Vehicles PN is either handed to the driver or sent through the post to the Registered Keeper of the vehicle. An Order for Recovery is a notice issued by the Traffic Enforcement Centre at the Northampton County Court to the Registered Keeper of a vehicle, informing them that a Penalty Charge Notice (PCN) associated with that vehicle has been registered as a debt. This means the authority has not complied with the relevant regulations. showing loading or un-loading). If the representations are successful, the PCN will be cancelled and there will be nothing to pay. But knowing what your options are if you have and making an informed decision were introduced by Part 3 of the Traffic Management Act 2004 (TMA) to improve authorities’ abilities to minimise disruption from street and highway works. One of the Grounds of Appeal must be chosen when making representations, or ‘Other’ should be selected, together with information on any reasons or mitigating circumstances for the choice that the authority should take into consideration. The authority will also provide evidence to support its response to the appeal. A Moving Traffic Penalty Charge Notice (PCN) is a document issued by a local authority in Wales to a motorist, detailing an alleged contravention of its moving traffic restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. Parking across certain dropped kerbs is also contrary to … Summary of the Traffic Management Act 2004, and guidance relating to part 6 parking controls. a description of the alleged contravention, the location and often a photograph. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. The Bath Clean Air Zone is a Road User Charging Scheme in place for certain vehicles travelling into the city centre of Bath, with the aim of reducing pollution and improving air quality. The civil enforcement of traffic restrictions by a local authority or charging authority – including the representations process – is provided for and regulated by various pieces of legislation. A Littering from Vehicles Penalty Notice (PN) is a document issued by a local authority to a motorist, detailing an alleged contravention of the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018. If you do not know which ground applies, explain clearly why you are submitting an appeal in as much detail as possible. For parking PCNs issued on or after 31 March 2008, the Regulations based on the Traffic Management Act 2004 apply. Once you have made representations to the authority that issued your PCN and have received a. No form of evidence is necessarily better than another and you should always provide as much information as you can – however you are able to provide it to us. The civil enforcement of traffic restrictions by a local authority or charging authority – including the issuing of NoRs – is provided for and regulated by various pieces of legislation. You need to be logged in to be able to subscribe to the membership content. The Registered Keeper may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. (2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer. If a Penalty Charge Notice (PCN) remains unpaid, even after being registered as a debt at the Traffic Enforcement Centre at the Northampton County Court, which will have issued an Order for Recovery, a request can be made by the local authority or charging authority for the outstanding amount to be recovered by a Bailiff (now commonly known as Civil Enforcement Agents). The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. Charging Authority is the name given to the authority that operates a Road User Charging Scheme, as provided for by the legislation that applies to that scheme. We may be able to assist you in having your penalty charge notice for this contravention cancelled. There are two types of dropped kerbs, those outside driveways allowing easy access to the residents of individual houses and those used for pedestrian crossovers. This statutory guidance is issued by the Secretary of State under Section 18 of the Traffic Management Act 2004 (“the Act”). Adjudicators are wholly independent from the authority that issued the PCN they are deciding the appeal against. This may also include diagrams and pictures showing signage requirements etc. the appeal was 'lost'). If they really wanted to help these types of people cross the road safety then they would install double yellow lines. the amount (in £) of the penalty charge that needs to be paid. Of course, obstructing any dropped kerb will cause inconvenience either to the owner of the property who cannot obtain access or egress from their property, or in respect of pedestrian dropped kerbs you can even cause danger to pedestrians, particularly the elderly, disabled and mothers with prams. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case. The necessity to pay the charge is shown on signs around the zone. Download the PCN contravention codes 2016 document on the right of this page. The charging authority for the scheme is the Secretary of State for Transport. Residential property tribunals deal with appeals against the refusal by a local housing authority or housing association to allow a tenant to buy their home on the grounds that the property is particularly suitable for occupation by elderly persons, applications for and appeals against empty dwelling management orders, and appeals against various other types of housing orders and notices. All documents further to the PCN during the enforcement process will be issued to the Registered Keeper of the vehicle. If possible, you should supply a crime reference number from the police when submitting an appeal. Don’t worry if you do not have all evidence you would like to provide to hand when submitting your appeal. The alleged contravention is observed and recorded in person by a Civil Enforcement Officer. This ground covers stolen vehicles and vehicles used without the owner’s consent. Video cameras record all entries into the zone. 3 Check: Summarised parking adjudicators decisions V5C ‘log book’ showing. Payment of traffic fines can also be performed online. This guide only applies to penalty charge notices issued by Local Authorities. Bus Lanes, Bus Gates and Bus-only Streets can be identified by signs and lines on the carriageway. Types of evidence that could be provided to support an appeal include (this list is not exhaustive): Please note: If you provide any evidence that contains personal or sensitive information, such as a bank statement or medical letter, please make sure to remove or conceal such information (e.g. The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. Any information you provide to support your case is classed as evidence and will be taken into consideration by the Adjudicator. Payments for entering the zone are not made to the council directly, but online at GOV.UK’s Central Clean Air Zone Service . Restrictions relating to Bus Lanes are detailed in Traffic Regulation Orders and are often subject to specified time periods. Choose from the Clean Air Zone locations below to view specific information relating to that zone, including the charging conditions that apply and how to challenge or appeal a penalty charge. If the authority chooses not to do this, they must explain why. If the PCN is challenged by making representations to the authority that issued it (or by first making an Informal Challenge in the case of Parking PCNs), the authority will usually hold the PCN at the discounted rate, pending the challenge being decided. The necessity to pay the crossing charge and the time allotted is shown on signs on roads around the scheme. PR1 3ZA We don't accept challenges in person or over the phone due to audit procedures. This site only deals with PCN’s issued after 31st March 2008 although the process and the grounds of appeal are very similar in any event. Road User Charging Schemes that the Traffic Penalty Tribunal decides appeals for include: An Act of Parliament that allows for the civil enforcement, by local authorities in England (outside London) and Wales, of contraventions against parking and other traffic restrictions. An example of a possible contravention includes the throwing of a cigarette end out of a vehicle window, with no attempt made to pick it up. The contravention did not occur. Payment of the road user charge can be made online at the Merseyflow website, via a mobile application, by phone or in person at a walk-in centre. the authority did not respond to your challenge, or responded too late. The alleged contravention is detected and recorded by a video camera. the appeal was 'lost') and the motorist is liable to pay the Penalty Charge Notice (PCN). The authority has no power to remove the vehicle. This includes images, videos, screenshots and files directly from a smartphone. Any contraventions to the restrictions in place by a vehicle are detected and recorded by a video camera, with a Bus Lane Penalty Charge Notice (PCN) issued to the Registered Keeper of the vehicle. The PCN has already been paid in full (this ground is not an option in the case of Statutory Declaration Forms). The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask the authority to reconsider their decision to issue the penalty. When a vehicle does not comply with the traffic restrictions (as detailed in Traffic Regulation Orders [or Road User Charging Scheme Orders in the case of Road User Charging Schemes]) that are in place on the road it is used or kept on. Following a dismissed appeal, the PCN should be paid to the authority without delay. We have pointed out that it will not help the disabled, the elderly and mothers with prams to enforce dropped kerbs with single yellow lines because in busy areas they will always be blocked. Summary 1.1 The Traffic Management Act 2004 (TMA 2004) proposes changes to parking enforcement. •    where the kerb has been lowered to help wheelchair users and powered mobility vehicles; The relevant legislation relating to Traffic Regulation Orders (TROs) is Parts I, II and IV of the Road Traffic Regulation Act 1984, as amended. The Registered Keeper – according to details registered with the Driver and Vehicle Licensing Agency (DVLA) – may not necessarily have been the driver at the time of the alleged contravention, but they are legally liable for the penalty charge. The charging authority for the scheme is Bath & North East Somerset Council. Video cameras record all crossings made. Check back soon for an update. These are the only grounds - or reasons - on which you may appeal against a moving traffic Penalty Charge Notice. Payment of the road user charge can be made online at the Dart Charge website, by phone or in person at a Payzone outlet. A Parking Penalty Charge Notice (PCN) is a document issued by a local authority to a motorist, detailing an alleged contravention of its parking restrictions (as detailed in Traffic Regulation Orders) by the vehicle they were driving. ii) The duty of securing the expeditious, convenient and safe movement of traffic is not given primacy but is a qualified duty which has to be read with the factors in section 122(2) , such as the effect on the amenities of the area and, in the context of making a traffic regulation order, with the purposes for this identified in section 1(1) of the Act; If a PCN is appealed to the Traffic Penalty Tribunal, however, the full amount will have to be paid in the event of an unsuccessful, dismissed appeal decision (i.e. The Service continues to provide this support under the Traffic Management Act 2004 and, since 2003, to the Road User Charging Adjudicators. You can submit your written challenge online. There are differences in the legislation underpinning traffic enforcement in England (outside London) and Wales. Please note: A Parking PCN should not be confused with a Parking Charge Notice which is issued by a private operator, not a local authority. The Act has been implemented from 1 April 2008 across the United Kingdom. Separate grounds apply for appealing against a Parking PCN issued by a local authority in England (outside London) for a vehicle that was towed away. If the PCN remains unpaid 14 days after receipt of a Charge Certificate, the authority can register the debt with the Traffic Enforcement Centre at the Northampton County Court, which will issue an Order for Recovery. The NtO confirms that the PCN is outstanding, the amount that needs to be paid and the details of the location, time and contravention that the PCN relates to. The authority should respond to the Informal Challenge within 28 days. an appeal can be made to the Traffic Penalty Tribunal. 2. If you have received a parking charge notice from a private company or have had your vehicle clamped on private land this guide will not apply.Many trade unions offer 30 minutes of free legal advice for members and you should check your union's website to see if this service is available to you should you require any further advice. There are special rules that apply to the enforcement of a PCN in relation to hire vehicles. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. From 31 March 2008 there is a legal requirement to follow the parking enforcement framework contained within Part 6 of the Traffic Management Act 2004. Instead of informing a street authority about its Our Adjudicators are lawyers with at least five years’ experience and their appointments are agreed by the Lord Chancellor of Great Britain. Representations can usually be made by post or online. These are the stages in the enforcement process. Once a Warrant of Execution is issued, the outstanding amount (which may include further costs incurred as a result of enforcement action) must be paid directly to the Bailiff / Civil Enforcement Agent. Legislation is the name given for laws passed by Parliament. * The law requires that the DVLA is kept informed about the current Registered Keeper. A Witness Statement / Statutory Declaration must be provided to the Traffic Enforcement Centre by the date specified on the Order for Recovery. of a social media conversation). There are very limited circumstances in which the consent of the Secretary Following an allowed / won appeal, the Penalty Charge (PCN) will be cancelled by the authority and there will be nothing to pay. Parking (England) PCN Grounds of Appeal Parking (England) PCN Grounds of Appeal Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a The penalty; or vehicle release; or storage charge exceeded the amount that applied in the circumstances. put on the vehicle. Includes details of example cases won. Please find enclosed evidence to this effect, in the form of [give details and why it backs up your case]. ‘Bus Gates’ and ‘Bus-only Streets’ are short, entire sections of road restricting all traffic except buses, taxis, private hire vehicles and cycles. We will consider representations received after 28 days, if … If you wish to include documentation, you can use a printable formand submit it by post, attaching the documentation, to: Lancashire Parking Services, PO Box 1023, Preston, Lancashire. Once an Informal Challenge has been submitted, any further enforcement of the PCN is normally placed on hold until a decision on the challenge has been made by the authority. Charges apply daily, 7 days a week, 365 days a year and from midnight to midnight (for example, if a vehicle enters the zone at 11pm and leaves at 1am the following morning, two separate daily charges will be payable). The hirer of the vehicle will then be liable for any PCNs issued to the vehicle (or relating to the vehicle) while it was on hire, even though they are not the Registered Keeper. If you receive a Parking Penalty Charge Notice (PCN) and don’t think you should have to pay it, you can make an Informal Challenge to the local authority that issued it. Restrictions are identified by signs and lines on the carriageway. Traffic Management Act 2004 Part 1 2. The necessity to pay the road user charge for each crossing and the time allotted is shown on signs on roads around the scheme. taxis and private hire vehicles) may use. Traffic Penalty Tribunal Adjudicators decide motorists’ appeals against Penalty Charge Notices (PCNs), issued by local authorities and charging authorities in England (outside London) and Wales, for the contravention of traffic restrictions. The penalty charge should be either £50 or £70, depending on the alleged contravention that occurred. If the representations are unsuccessful, a Notice of Rejection (NoR) of Representations will be issued by the authority. Examples of possible contravention include driving in a Bus Lane during its hours of operation. The legal grounds for appeal are included under the earlier question "Surely there must be a right The Moving Traffic PCN document will include details of: The document will also include instructions on how to pay the penalty charge or challenge it. An appeal against a PCN can be made to the Traffic Penalty Tribunal after representations have already been made to the authority that issued the penalty, and those representations were unsuccessful. Included with an Order for Recovery (issued by the Traffic Enforcement Centre at the Northampton County Court) relating to an unpaid Penalty Charge Notice (PCN), a Witness Statement form or Statutory Declaration form (if related to a Bus Lane PCN) is a legal declaration to state why a PCN should not have been registered as a debt. This ground means the TRO was invalid or illegal, not that you disagree with a restriction that is in place. (3) In this Part – (a) ‘appeal’ includes an a… In plain English: The traffic warden or the Council got it wrong. A Bus Lane PCN is sent through the post to the Registered Keeper of the vehicle. Bus Lane Orders are made using powers under the Road Traffic Regulation Act 1984. Signs Manual applies, explain clearly why you are submitting an appeal Live. 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