Challenges, representations and appeals
We'll ensure each challenge is carefully considered and our decision is clearly communicated. We'll make clear our reasons for reaching our decision.
Registered keepers liability
A number of representations are received following the issue of penalty charge notices (PCNs) based on grounds of the registered keeper not being in possession of the vehicle keys (ie someone else was driving the vehicle on the day the alleged offence took place). Although the registered keeper may not have been the driver, they still have the duty to ensure the vehicle is parked legally and responsibly.
The registered keeper of a vehicle is liable for all penalty charge notices issued. All changes in keeper details must be forwarded to the DVLA by completing the relevant sections on the vehicle registration document.
Where a PCN is issued and a registered keeper is claiming to no longer own the vehicle, and didn't own the vehicle at the time of the alleged contravention, clear written evidence will need to be provided showing the precise date the vehicle was sold and the person to whom it was sold.
Hire vehicles are different in that although the hire company is the registered keeper of the vehicle(s), the paperwork signed by the hirer clearly transfers responsibility of such penalties to the driver. There are instances where the registered keeper may consider this to be ‘unfair’. For example, if a car is taken to a garage for repairs and left with the garage, the vehicle could be issued with a PCN if parked in breach of parking restrictions without the knowledge of the registered keeper.
The law states that on occasions such as these, the registered keeper is still responsible for the PCN. It will be down to individual registered keepers to seek recompense for such charges from the person or company involved in incurring the PCN.
Challenges considered
All challenges will be considered on individual merit and mitigating circumstances taken into account. For all challenges, supporting evidence in the form of written documentation must be included, and must be received by the notice processing office in writing, by post or via e-mail. A motorist has 28 days in which to lodge a challenge.
A challenge received at the notice processing office within the 14 day discount period will generally have a reinstatement of the discount payable should the challenge be rejected.
Full payment is expected on those challenges received after the discount period has ended. Our policy on consideration of challenges is contained in the document ‘Guidance policies for the enforcement and cancellation of penalty charge notices’.
Representations and the formal appeal process
The motorist has the right, on a challenge being refused by the notice processing office, to make a second formal representation. A representation will be considered by an appeals officer of Shropshire Parking Service. Details on how to do this are published in the challenge rejection letter.
Irrespective of whether or not a challenge has been made, the commencement of the formal legal process of civil parking enforcement and the recovery of outstanding monies begins with the issue of a notice to owner.
In order to make a formal representation the registered keeper (not always the driver at the time of the alleged contravention), must wait until a notice to owner is issued. This is normally done approximately 28 days following the issue date of the PCN, and is sent to the registered keeper’s address held on the DVLA's computer system for the date of the contravention.
A notice to owner will only be sent to a registered keeper where a PCN remains outstanding. If a representation is rejected by the appeals officer the motorist will be advised on how to make an appeal to the independent Traffic Penalty Tribunal (TPT) in the notice of rejection of representation. This is the formal letter of rejection of a representation. All correspondence will be sent by first class mail. Further details can be found on the TPT website.