If you have received a Penalty Charge Notice and wish to challenge the issue of the ticket you may do so by using the appeals process.
There are 3 stages to the appeals process.
Parking Appeals Process Stage 1
If you have received a Penalty Charge Notice (PCN) and wish to appeal you must inform Eden Parking Services within fourteen days of receiving the PCN in writing. Alternatively you may submit a challenge by completing one of the following two forms:
You must explain the reasons why you think the Notice should be cancelled and enclose any evidence you have which you wish to be taken into consideration.
Eden Parking Services will consider each appeal on a case by case basis, investigating points raised in your challenge letter.
Eden Parking Services will then make a decision as to whether the Notice is to be paid. The appeal decision will be notified to you in writing.
If your appeal is successful no fee is payable.
If your appeal is unsuccessful and your challenge was received in the discounted payment period (within 14 days of issue of the Notice) then you will have the opportunity to pay the fee at the discounted rate.
Parking Appeals Process Stage 2
If you are not satisfied with the outcome of your challenge you can submit a Formal Representation. The appeal will then be considered by an Eden District Council officer(s). All cases will be considered on the individual evidence submitted.
A Formal Representation can be made upon receipt of a Notice to Owner.
The 11 grounds on which a formal representation can be made are detailed below and can also be found on the Notice to Owner.
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 its owner before the date on which the alleged contravention occurred / or
I became its 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 a 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 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)
Formal Representations must be made in writing and must be submitted within 28 days of receiving the Notice to Owner.
The officer(s) will discuss and consider each appeal and will notify you in writing of the decision.
If the Notice cannot be cancelled you will be advised of the reasons why and be supplied with information regarding making a further appeal to the Independent Parking Adjudicator.
View Parking Appeals Panel Policy (PDF: 38Kb/ 2 pages)
Parking Appeals Process Stage 3
If you have received a Notice of Rejection and are not satisfied with the outcome of your challenge you may appeal to an independent Parking Adjudicator. Details of how to do this will be enclosed in the Notice of Rejection letter.
- For further information visit Traffic Penalty Tribunal
- Your appeal will be dealt with by an independent adjudicator.
- The adjudicator can deal with appeals by post or a hearing can be arranged and may refer an appeal back to us to reconsider where there is uncertainty in relation to the use of discretion. The adjudicator's ruling is final.
In addition to the statutory grounds of appeal, we may exercise our discretion to cancel any PCN if it considers there are extenuating circumstances sufficient to justify this. If a driver accepts that the PCN was correctly issued, but that the circumstances are such that the PCN should be cancelled, they should write to Eden Parking Services setting out the circumstances (with any supporting evidence which is available).
Address all Challenges/Appeals to:
Eden Parking Services
PO Box 258
Carlisle CA3 8YE
Telephone: 01228 817200