	Parking Services
	Torbay Council
	PO Box 422 Torquay TQ2 5WU
	parking @torbay.gov.uk
	01803 207695
	01803 614302

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PCNs issued before 31 March 08

On the 31 March 2008 Civil Parking Enforcement was introduced under part 6 of the Traffic Management Act 2004.

Prior to this Decriminalised Parking Enforcement was operated in Torbay under the Road Traffic Act 1991.

Penalty Charge Notices issued before 31 March 2008 will continue to follow the legislation that was in force when the contravention took place.

I have been issued a PCN before the 31 March, what should I do?

A PCN will be issued by a Parking Attendant to a vehicle, or to the person appearing to be in charge of the vehicle, which is believed to be parked in contravention of the council’s Traffic Regulation Orders.

If you have been issued a PCN you must either pay the charge or contest it though the appeals process. If you feel the PCN should not have been issued and want to contest it, do not pay the PCN. Follow the guidance in “How do I challenge a PCN?”

How much should I pay?

The statutory charge for all PCNs issued before 31 March 2008 is £60. This charge is reduced by 50% to £30 if payment is received within the first 14 days starting with the day on which it was served.

Failure to pay the PCN, or respond to any correspondence sent to the registered owner/keeper of the vehicle, will see the charge increase to £90 before being registered as a debt at the County Court. Further increases will be applied and Bailiffs instructed to recover the debt.

If you are unsure of how much to pay, please contact Parking Services on 01803 207695 and an advisor will be able to assist.

How do I challenge a PCN?

All challenges must be made in writing and should include evidence as appropriate. You should give a reason why you consider the PCN should not have been issued. Details of how to submit a challenge are detailed on the reverse of the PCN.

The Council will consider your case and may then cancel the PCN or reject your challenge. If your challenge is rejected, the notification will contain details of the amount now due and your rights to contest the issue further.

If the challenge has been submitted during the first 14 days after the PCN was served the Council will usually re-offer the discount for a further 14 days from the date of the letter.

What is a Notice to Owner?

A Notice to Owner is a document produced after the Council has contacted the Drivers Vehicle Licensing Agency (DVLA) to confirm the identity of the registered keeper of the vehicle. This notice will confirm to the registered keeper that the money is still owed, and will also provide details of the options open to them. The registered keeper can pay the amount owed, or they have the right to make formal representations contesting the Penalty Charge Notice. Details explaining how to make representations at this stage are given with the Notice to Owner.

If you wish to make a formal representation on the grounds that the vehicle was not in your ownership at the time the PCN was issued, please give details or provide evidence of proof of sale. It is also recommended that you contact the DVLA, who keep a register of all vehicle owners in the UK, to make them aware of any changes in vehicle ownership.

If a formal representation is rejected a Notice of Rejection will be sent to the registered keeper of the vehicle. This will provide reasons for the rejection and details of how an appeal can be made to the Traffic Penalty Tribunal.

How do I appeal to the adjudicator?

You may only appeal to the adjudicators after representations to the council have been rejected. The Council’s Notice of Rejection will give the reasons for not cancelling the PCN.

You can then either pay any balance outstanding or send the completed appeal form to the Traffic Penalty Tribunal, an independent organisation where an adjudicator will examine your case.

The adjudicator’s decision is final and binding on both the appellant and the Council. There is no charge for appealing and the penalty will not increase while the case is being considered.

If you have any questions about appealing contact the Traffic Penalty Tribunal direct (0161 242 5252) or the Council’s Parking Services.

Further information is available at the Traffic Penalty Tribunal website.

What happens if my appeal is unsuccessful?

If your appeal is turned down at this stage, or payment of Notice To Owner (NTO) is not made, normally 28 days after we have sent you the NTO letter we will send you a charge certificate asking you to pay an extra 50% in addition to the full price. You have no further right to appeal at this stage.

Unless paid promptly, the issue of a Charge Certificate is followed by the penalty being registered as a debt at the Traffic Enforcement Centre. A sum to cover court costs is added at this stage. If you do not pay the debt or make a Statutory Declaration within 21 days the Council may apply to the court for a Warrant of Execution which authorises the Council to recover the unpaid penalty using bailiffs.

What is a Statutory Declaration?

A Statutory Declaration is an oath by the person who has a debt registered against them. The appropriate form is issued by the Council after they have registered the debt at the Traffic Enforcement Centre.

You may only make a Statutory Declaration if:
You did not receive a Notice to Owner
You made formal representations to the Council but did not receive a Notice of Rejection.
You appealed to the Parking Adjudicator but had no response from the Traffic Penalty Tribunal.

The declaration must be signed in the presence of:

A commissioner for oaths
An officer of the County Court
A Magistrate

The Declaration must be completed and returned to the Traffic Enforcement Centre within 21 days.

Who is responsible for the PCN?

It is the registered keeper/owner who is legally responsible for payments or appeals against Penalty Charge Notices. Therefore the registered keeper/owner of the vehicle should write to us to contest any parking tickets that the vehicle receives if they so choose.

What if I do not pay?

If you do not pay a PCN within 14 days from the date of issue the discounted charge increases from £30 to £60. After 28 days a Notice To Owner is sent to the registered keeper of the vehicle. This provides a period of 28 days in which to pay or make a formal representation before a charge certificate is issued.

Further charges can be added at later dates as the ticket progresses to a charge certificate stage (£90) and then registered at the County Court (£95). If the ticket is still not paid for at this stage a warrant of execution will be granted to a bailiff for recovery. The bailiff will then add further charges for the recovery of the fine on top of the existing amount.