The penalty charge
There is a common misconception that the penalty charge increases two weeks after a penalty charge notice (PCN) has been issued, but this is not the case. A 50% discount is available when the PCN is paid (this means received by the council) within the 14 day period following the date of issue. After this time, the discount is no longer available and the full penalty charge as shown on the notice is payable.
Paying a PCN
There are various ways a PCN may be paid :–
- by internet
- by telephone
- by post
- by cheque made payable to Basingstoke and Deane Borough Council, postal order, or credit/debit card
- in person
Appealing against the issue of a penalty charge notice
The parking attendant cannot cancel a PCN once it has been issued. If you believe that the PCN was issued incorrectly, or that there are special circumstances that you wish us to consider, you should contact us as soon as possible. Although you may telephone or visit the council offices if you wish to ask for general advice or guidance, you must submit your appeal in writing.
An appeal may be submitted by :–
- letter
- sent to the Parking Control Team, Basingstoke an
d Deane Borough Council, Civic Offices, London Road, Basingstoke RG21 4AH
- fax
- tel. 01256 845200, marked for the attention of the Parking Control Team
- appeal form
- available from the frontline advisors in the Parklands building
- on-line appeal
Please quote the penalty charge notice number (this is a 10-digit reference beginning with either BG or PA) and provide as much information as you can (including copies of any supporting documentation) with your appeal. This will not only help to support your case, but will also assist us to reach a properly informed decision.
We will investigate the comments raised in your representations and make a decision using the information we have as to whether the PCN is to be cancelled. Providing your appeal reaches us within the 14 day period following the issue of the PCN, you will still have the opportunity to pay the discounted payment (within a specified period) if your appeal is unsuccessful. Make sure you provide your name and address so that we can reply to you.
If you intend to submit an appeal against a PCN, please do not make payment first as this will be regarded as your acceptance of liability for the penalty charge.
The council does not wish to deter anyone who believes they have a legitimate reason for appealing against the issue of a PCN, and will give full consideration to the circumstances of every case. However, for your guidance, unless exceptional circumstances are involved, the following reasons are not normally accepted as grounds to cancel a PCN:
- I couldn’t find anywhere else to park
- I only stopped there for a few minutes and wasn’t causing a problem to anyone
- There’s no need for parking/waiting restrictions at this location
- I didn’t see any signs saying that I couldn’t park there/that I had to buy a ticket
- I didn’t check my ticket before I put it in my car, and the machine has given me less time than I thought I’d paid for
- Another driver told me I didn’t have to pay/the ticket machine wasn’t working
- My friend had borrowed my car but now refuses to pay the penalty charge
- I was delayed by queues in the shop/bank/post office
- My meeting/appointment went on longer than I’d anticipated and I couldn’t get back to the car in time
- I can’t afford to pay it
As a general rule, if we agree to cancel a PCN having taken particular mitigating circumstances into account, we may not cancel any further PCNs if similar mitigating circumstances are offered in appeal.
The Enforcement process
The council processes PCNs in accordance with the Traffic Management Act 2004 (or, for PCNs issued before 31 March 2008, the Road Traffic Act 1991). The Acts set out the procedures that must be followed, from the issue of the PCN through to recovery of the penalty charge once all the avenues of appeal open to the vehicle owner have been exhausted. Please do not ignore the PCN, or any documentation sent to you by the council in connection with it – the notice will not go away and it is in your own interests to deal with it promptly.
If the PCN is not paid in the 28 day period following issue, the council may send a document called a notice to owner (NTO) to the registered keeper/hirer of the vehicle. This is because the Acts state that the owner/hirer of the vehicle is liable for any PCN issued even though they may not have been the driver on the date the PCN was issued. As well as acting as a reminder that the PCN remains unpaid, the NTO provides the only means for a formal appeal (known as representations) against the PCN to be made to the council by the vehicle owner/hirer. Representations may be submitted even if the council has previously rejected an appeal (called an informal challenge) made by the vehicle driver before the NTO has been issued.
Representations to the council, or payment of the penalty charge, must be made within the 28 day period following receipt of the NTO. If no response is received to the NTO by the end of this period, the council may serve the vehicle owner/hirer with a document called a charge certificate. The issue of a charge certificate increases the amount of the penalty charge by 50%.
If representations against the PCN are made, the council must give full consideration to the points raised taking into account all the circumstances that have been explained, and decide whether the PCN should be cancelled. Information (including photographs) taken by the parking attendant at the time of issue of the PCN will also be taken into account by the council.
If representations are accepted, the vehicle owner will be advised that the PCN and the NTO have been cancelled and that the penalty charge is not payable. If representations are rejected, the council will send a notice of rejection of representations to the appellant, which will explain why the PCN cannot be cancelled. The council will also send a form explaining how a further appeal may be made to the Traffic Penalty Tribunal (an independent arbitration service), where an experienced lawyer will consider the case and decide whether the PCN is to be cancelled. There is no charge for appealing to the tribunal.
Further information about the Traffic Penalty Tribunal may be found on the website
Traffic Penalty Tribunal
As explained above, if the vehicle owner takes no action by the date shown on the NTO the council may serve a charge certificate. This gives 14 days from receipt of the charge certificate to pay the penalty charge. Although by this stage there is no legal right of appeal against the PCN, the council may be able to exercise discretion and cancel the PCN if there are compelling grounds to do so.
If payment of the penalty charge is not made by the end of the 14 day period following receipt of the charge certificate, the council may register the PCN at the Traffic Enforcement Centre at Northampton County Court (which will result in the addition of a £5.00 Court registration fee) and the vehicle owner will receive an order for recovery of unpaid penalty charge. If the penalty charge remains unpaid 21 days after service of the order for recovery, the council will seek Court authorisation for a warrant to be served, which will be passed to a bailiff for execution. The Bailiff will be entitled to recover his own costs incurred in executing the warrant in addition to the penalty charge due to the council.
