APPEALING AGAINST A PENALTY CHARGE NOTICE
If you think you haven’t broken the rules, or that there was a valid justification for doing so (i.e. mitigating circumstances), you are entitled to make a representation to the Council that issued the Penalty Charge Notice (PCN).
In order to make a representation against a PCN issued by Horsham District Council, you are asked to please write to:
Parking Services,
Horsham District Council,
Park North,
North Street,
Horsham,
West Sussex
RH12 1RL
Email: parking@horsham.gov.uk
Tel: (01403) 215054
How can I challenge a PCN?
If you wish to challenge the PCN you need to do so in writing to Horsham District Council detailing why you feel that the PCN was incorrectly issued, or detailing any mitigating circumstances that you would like to be considered. An Online Form is available for you to make the process easier.
Once the District Council receives your challenge, it will acknowledge it in writing within 3 working days and give you a full reply within 10 days.
What are the stages of challenging the issue of a PCN?
There are two stages in challenging the issue of a PCN - an informal Challenge during the first 28 days after issue, and a formal Representation thereafter.
- Any correspondence received within the initial 28 day period (as an informal Challenge) will be considered in line with our policy. If received in the first 14 days (during which the discounted rate applies) we will extend the discount period whilst we consider the Challenge. If the Challenge is accepted, the PCN will be cancelled and a letter sent to the motorist. If more evidence or details are needed, a letter requesting the information within 14 days will be sent to the motorist (if no information is received within 14 days, the challenge will be rejected).
- If the Challenge is rejected, we will send a letter clearly explaining the reason. If the NtO is not completed, the motorist loses any further right to dispute the PCN.
- If the penalty charge is not paid on or before the end of the 28 day period as specified on the front of this notice or successfully challenged, the Council may serve a Notice to Owner (NtO) on the owner of the vehicle, requiring payment of the penalty charge. The owner can then make representations to the Council and may appeal to the Traffic Penalty Tribunal if those representations are rejected. The NtO will contain instructions for doing this. If you challenge this PCN but the Council issue a NtO anyway, the owner must follow the instructions on the NtO.
If a Representation is rejected, the person then has the right to make an Appeal to the Traffic Penalty Tribunal, an independent body which has been set up to ensure that unresolved legal disputes between the motorist and the councils can be heard at a formal tribunal hearing. This body is independent of the council. If you are not satisfied by the outcome of a representation that you have made to the District Council that issued the PCN, you are entitled to make an appeal to the Traffic Penalty Tribunal.
How long does the Representation process take?
On average it will take 1-2 months to prepare the evidence but the case is actually heard as one of a number at a single sitting of approximately 1-2 hours.
If I challenge the PCN will the charge increase?
If any appeal is made against the PCN within 28 days of the PCN being issued then it is put on hold until the informal representation is reviewed. Once a Charge Certificate has been issued (on or shortly after 56 days from date of PCN issue if no payment has been received or no valid Challenge or Representation has been made), payment due will be increased.
PLEASE NOTE: Once a ticket has been issued, it cannot be cancelled by a parking attendant, so please do not ask. Threatening behaviour, verbal or physical abuse towards attendants will not be tolerated, and will be reported to the police. Instead, please make a representation to the District Council who will consider the circumstances of the ticket’s issue.