How do I challenge a Penalty Charge Notice?   

If you have been issued with a Penalty Charge Notice and wish to challenge the ticket you may do so using the representations and appeals process.

There are 3 stages to this process:

1. Initial pre Notice to Owner correspondence (informal challenge).
2. Formal Representation.
3. Appeal to independent parking adjudicator (Traffic Penalty Tribunal).

1. Initial pre Notice to Owner correspondence (informal challenge).

If you have received a Penalty Charge Notice and wish to make a challenge, you should submit this in writing explaining the reasons why you think the Penalty Charge Notice should be cancelled, enclosing any evidence you wish to be taken into consideration.

We will investigate the points raised in your correspondence and will make a decision as to whether the Penalty Charge Notice is to be paid. We will notify you of our decision in writing.

Providing we receive your challenge within the discounted payment period (within 14 days from the date of issue of the Penalty Charge Notice), you will be given a further opportunity to pay at the discounted payment rate if we do not accept your challenge.

ALL CHALLENGES MUST BE IN WRITING. PLEASE DO NOT TELEPHONE AS CHALLENGES CANNOT BE ACCEPTED OVER THE TELEPHONE

Please submit all challenges in writing to:

Parking Services

• Carlisle City Council
• Civic Centre
• Carlisle
• CA3 8QG

E-Mail: carparking@carlisle.gov.uk

Online challenge form

Please complete the online challenge form if you wish to submit a challenge against a Penalty Charge Notice.

Carlisle City Council in association with Cumbria County Council and the other Local Authorities have an agreed guidance policy for the cancellation of Penalty Charge Notices. You can read the guidance here.

2. Formal Representation

If you have made an informal challenge which has been rejected by the council you may wish to take the matter further. You can do this by submitting a formal representation.

You may make a Formal Representation against a Penalty Charge Notice once you have received a Notice to Owner.

There are 11 grounds on which a formal representation may be made which are detailed on the Notice to Owner and shown below:

The Penalty Charge Notice was incorrectly issued / I am not liable to pay the Penalty Charge Notice because

• The alleged contravention did not occur
• I was never the owner of the vehicle in question / or 
• I had ceased to be it's owner before the date on which the alleged contravention occurred / or 
• I became it's owner after the date on which the alleged contravention occurred 
• The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner 
• We are a vehicle hire firm and the vehicle was on hire under a hiring agreement and the hirer had signed a statement acknowledging liability for any PCN issued during the hire period 
• The penalty charge exceeded the amount applicable in the circumstances of the case
• There has been a procedural impropriety by the enforcement authority
• The Order which is alleged to have been contravened in relation to the vehicle concerned is invalid
• This Notice should not have been served because the penalty charge had already been paid: (i) in full; or (ii) at the discounted rate set in accordance with Schedule 9 of the Traffic Management Act 2004 Act and within the time specified in paragraph 1(h) of the Schedule to the Civil Enforcement of Parking Contraventions (England) General Regulations 2007
• Other grounds (please specify)

The Formal Representation must be submitted in writing within 28 days of receiving the Notice to Owner.

We will investigate your formal representation and will make a decision as to whether the Penalty Charge Notice is to be paid.

We will notify you of our decision in writing. If the Penalty Charge Notice cannot be cancelled you will be advised of the reasons why and information regarding a further appeal to the Independent Parking Adjudicator will be enclosed.

Please submit all formal representations in writing to:

Parking Services

• Carlisle City Council  
• Civic Centre
• Carlisle
• CA3 8QG

ALL FORMAL REPRESENTATIONS MUST BE IN WRITING. PLEASE DO NOT TELEPHONE AS REPRESENTATIONS CANNOT BE ACCEPTED OVER THE TELEPHONE

Appeal to independent parking adjudicator (Traffic Penalty Tribunal)

You may appeal to an independent parking adjudicator if you have received a Notice of Rejection from the council following a formal representation .

For further information regarding the Traffic Penalty Tribunal visit www.trafficpenaltytribunal.gov.uk