Challenging a Penalty Charge Notice and making representations

Questions about a PCN issued in person

Can I pay the PCN and challenge it?

If payment is received before a challenge, the case will be closed and we will not consider your challenge.  If payment is received after we have written to inform you that your challenge has been rejected, you will not have the opportunity to pursue an appeal. 

Can I still pay the reduced charge if I challenge the PCN?

Yes, you can still pay the reduced charge as long as your challenge is received within 14 calendar days of the issue date of the PCN.  We will consider your circumstances and write to inform you of our decision.  If we accept your challenge, we will cancel the PCN.  If we reject it, we will give you the opportunity to pay the reduced charge for a further 14 days from the date of our reply.

If your challenge is received after the period of 14 days from the date of the PCN,  the full charge will be payable if your challenge is unsuccessful.

What happens when we receive a challenge?

We will carefully consider any challenge made and attempt to reach a fair decision based on the evidence available to us.  We will explain the reasons for our decision and address all the points you have made.

If we ask you to prove more evidence to support your case, we will allow you a reasonable amount of time to respond to our request, normally 14 days.

If we reject your challenge, we will give you the following information:

  • The amount outstanding
  • How to make payment
  • How to pursue your appeal

What happens if I am dissatisfied with the response to my challenge?

The registered keeper of the vehicle can make a formal representation (an appeal) to us.  Technically we can only consider a representation after we have issued a Notice to Owner confirming the contravention and monies due.  When we receive the representation, we will review the case, check all details and consider any additional supporting evidence.  If we reject the representation, the registered keeper may then appeal to an independent Environment and Traffic Adjudicators (ETA).  When the registered keeper receives the Notice to Owner, they can either choose to make a formal representation, or pay the monies due.

What happens if I receive the Notice to Owner/Enforcement Notice and do nothing?

If neither full payment nor representations are received within 28 days of the date of the Notice to Owner (or for a bus lane contravention an Enforcement Notice), the charge may increase by 50% and a Charge Certificate may be served seeking payment of the increased charge. 

My representation has been rejected, what can I do now?

You can appeal to the independent Environment and Traffic Adjudicators (ETA).  If your appeal is unsuccessful, we will notify you how much you need to pay.  Generally this will be the same amount as shown on the Notice to Owner.  If your appeal is successful, we will notify you that payment is not required and that the case has been cancelled.

Can I appeal to the independent Parking Adjudicator at any stage?

Legally the Traffic Management Act does not allow appeals to the adjudicator until the council has rejected a formal representation.