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Statutory grounds for appeal (Moving Traffic Contravention)

The statutory grounds for making formal representations or an appeal to the adjudicator are as follows

These are the grounds that you can use when making a formal appeal to the enforcing authority or the independant adjudicator. If you are initially simply making an informal representation to the council then you can give any basis.

Note: The most likely ground for appeal is that “no contravention occurred”. This will include grounds such as, missing, incorrect or obscured signage or that the local authority have not produced evidence that you passed a sign. Or if, for example, you contravened a restriction because of an emergency vehicle or a road blockage etc.

 

The statutory grounds for appeal are:

That no contravention occurred (see above)

That the recipient never was the owner of the vehicle in question;

That the recipient had ceased to be its owner before the date on which the penalty charge was alleged to have become payable; or became its owner after that date.

That at the time the alleged contravention took place the person who was in control of the vehicle was in control of the vehicle without the consent of the owner; (e.g. the vehicle had been stolen or simply borrowed by someone without your consent).

That the recipient is a vehicle-hire firm and the vehicle in question was at the material time hired from that firm under a vehicle hiring agreement; and the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice issued in respect of the vehicle during the currency of the hiring agreement;

That the penalty charge exceeded the amount applicable in the circumstances of the case.

You may also cite compassionate grounds or “compelling reasons” to the local authority although the independent adjudication service cannot consider these. The adjudicator can however direct an authority to reconsider compassionate grounds if the adjudicator believes that the enforcing authority did not discharge their obligation to do so.

An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.

 

Next: Adjudicators Decisions






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