By the specialist transport lawyers, Anton Balkitis and Lucy Wood, from Rothera Dowson Solicitors

IT’S THAT sinking feeling as you head back towards your business car – and you can just spot that the nice parking attendant has left you a little yellow gift (AKA a Penalty Charge Notice PCN), which has been kindly stuck to the windscreen. But has it been wrongfully or unfairly given

Before you get hot under the collar and commit a far more serious crime to the donor of that sticky-back bill, business car drivers should be able to recognise the tell-tale signs of an invalid PCN, potentially saving businesses and car managers a tidy sum in cancelled fines.

Here, then, is what you should do.

Before getting back behind the wheel, your driver should check the area for parking signage – is there any? If so, is it clear, easy to spot, in a good state of repair? If not, there’s a possibility that in the eyes of the law the contravention did not occur. Ask drivers to get photographic evidence if the sign is misleading or illegible, possibly due to vandalism, for without this you won’t stand a chance.

Another way for your drivers to find out whether or not the PCN is valid is by checking if it has been filled out correctly. It should list the following:

• the reason that it was given;
• the amount of fine to be paid;
• the deadline for payment;
• a reduced fee amount for payment within 14 days;
• a statement of notice if the fine is not paid within 28 days; and
• a return address.

If it is missing any of these details, you have legal grounds to appeal as the ticket is invalid.

The Notice to Owner

After the PCN is issued the council will serve a ‘Notice to Owner’ to the business or the organisation that owns the vehicle. If it has changed hands prior to the alleged offence or it was hired out at the time of the alleged offence, an appeal is likely to succeed providing you have the relevant documentation to back it up.

Likewise, if the company car in question was stolen a Crime Reference Number should be enough to make sure you see the back of that pesky PCN.

The Notice to Owner will contain a form that enables you to challenge the PCN, which the Local Authority either accept or reject. If it’s rejected, there are two options:

1, Pay the fine;

2, Appeal to the Traffic Penalty Tribunal.

If you opt for the latter, consider that the reduced rate will probably expire by the time the appeals process concludes.

Furthermore, if the appeal is rejected for a second time you’ll be billed for the full amount, not the reduced sum. The Local Authority has the discretion to freeze the PCN at the lower rate until the appeal is resolved, and there’s no harm in asking.

Whoever in your business is responsible for handling PCNs needs to respond to the rejection within 28 days, either taking the decision to pay the fee or to make an appeal. If they don’t, the council is likely to take debt recovery steps, making it really important to have a procedure in place ensuring PCNs don’t end up at the bottom of a pile of paperwork. It’s also worth remembering that once a fine is paid, the option to appeal is retracted as this is considered an admission of guilt.

How to win an appeal

The key to winning an appeal is supporting evidence: liaise with the driver to obtain photographs of signage, road markings (or lack of them), documentary evidence to show that the company no longer owned the vehicle and a delivery receipt or witness statement if the driver received a ticket while making a delivery to a client. The tribunal is sometimes more lenient if there are mitigating circumstances that attributed in some way to the PCN, so include these in the appeal.

The Traffic Penalty Tribunal is the last chance to get the PCN overturned, so make sure as much supporting evidence has been gathered before filing an appeal. If you fail at this stage it’s usually a good indication that you should pay the fine and get on with life. Pursuing it further is time-consuming. And may incur hefty legal bills.

If you succeed on the other hand, you get the overwhelming satisfaction of a healthier budget and the glory of winning a small victory in the PCN war: business car manager, one; parking attendant, nil.

Further information

Rothera Dowson Solicitors can be found at www.rotheradowson.co.uk