INDEPENDENT TRIBUNAL FOR PARKING AND TRAFFIC APPEALS
- Traffic Penalty
Tribunal has increased accessibility and more powers for
From 31 March, a new
and improved independent adjudication service will be in place to
decide appeals against parking penalties and bus-lane penalties
issued in England (outside London) and Wales. Everyone has the
ultimate right to appeal to the Traffic Penalty Tribunal against a
Penalty Charge Notice (PCN) they consider has been issued unjustly
Chief adjudicator, Caroline Sheppard, said:- "The current
problem with the appeal system is that very few motorists appear to
realise they can appeal at all. It is important that people know
that they have the right to appeal to an independent adjudicator if
they want to continue to challenge a penalty after the council has
rejected their case and says they should pay. Each case is
determined by an independent Adjudicator - a lawyer who will
consider evidence from both parties before making a decision.
Our new website will feature information for motorists and vehicle
owners on the grounds for appeal and the appeals process, including
information on the types of hearing available. We have also included
some short films that show how simple and accessible the appeals
process is in action.”
Current statistics show that over 60% of appeals result in the
motorist not having to pay the penalty. However, an appeal to the
Traffic Penalty Tribunal is the final stage in the challenge process
and cannot be made until the council has formally rejected the
representations made to it first.
The Traffic Penalty Tribunal has increased the accessibility of the
appeals process, in terms of both geography and language (hearings
can be held in Welsh). Appellants may also state their preference
for the type of hearing. There are 3 possibilities - either in
person, by post and, in many cases, appeals can also be heard by
telephone. An online service is due to be introduced later in 2008.
The Traffic Penalty Tribunal now uses moving images as evidence in
bus lane appeals and is working on making these available online.
As a result of changes brought in on 31 March 2008 by the Traffic
Management Act, the independent adjudicators will have more powers.
These include the ability to allow an appeal if the council has not
followed the correct procedure and being able to refer a case back
to the council if it has not taken proper account of compelling
The Traffic Penalty Tribunal replaces the National Parking
Adjudication Service, which was formed in 1999. On 31 March 2008,
the law concerning parking and moving traffic (bus lane)
contraventions and penalties will change. From that date, parking
Penalty Charge Notices (PCNs) and the way they are issued and
challenged are based on the Traffic Management Act 2004, which
replaces the Road Traffic Act 1991.
WEBSITE PROVIDES COMPREHENSIVE INFORMATION ON PARKING AND TRAFFIC
FROM 31 March,
a brand new website will provide the public with a straightforward,
‘one-stop-shop’ for questions regarding parking and bus lane
regulations, including a thorough explanation of what to do if a
parking ticket (PCN - penalty charge notice) is received.
The site sets out how councils in England (outside London) and Wales
make and enforce parking and bus-lane regulations. It also explains
the stages of the enforcement process and how it has changed
following the implementation of the Traffic Management Act 2004 on
PATROL is the 1st website of its kind and has been timed to launch
at the same time as the new regulations come into force in order to
minimise public confusion. It will clearly outline all the changes
brought about by the new regulations and will also be kept fully up
to date on future changes.
For members of the public who have received a parking ticket or bus
lane penalty, PATROL will offer simple, step by step advice on what
the next stages are, outlining the various opportunities to either
pay or challenge the ticket.
Information provided on the site will include:
• The list of parking contraventions and the 2 new penalty charge
rates, varying depending on the parking contravention
• Information about what the new Traffic Management Act 2004 changes
will mean for motorists
• Tips to avoid getting a parking ticket
• Details of the grounds for challenging a parking ticket and how to
go about doing it
• Links to the parking page of each local council outside London in
the civil enforcement scheme
• Information on the procedure for parking tickets issued before 31
March 2008, processed under the Road Traffic Act 1991
• Bus lane regulations, penalty charges for bus lane contraventions
and how to appeal.
• What’s involved if your vehicle is clamped or towed away, and the
grounds for claiming a refund.
PATROL is sponsored by the 200 enforcing-authority councils that
make up The Joint Committee of England and Wales for the Civil
Enforcement of Parking and Traffic Regulations Outside London.
Ken Gregory, Chair of
the Joint Committee comments:- ‘We are excited that for the
first time more than 200 councils have come together to sponsor a
public information website about parking, bus lanes and traffic
management. We hope that the public will welcome PATROL as a much
needed enhancement to individual council’s information services. The
joint committee that I chair recognised that the public would be
best served by a single point of access for their parking questions.
The provision of clear and consistent information, common to each
council, will contribute to greater public understanding of parking
issues, traffic management and motorists’ rights.’