When to appeal
You have a right to challenge a 'Penalty Charge Notice' (a type of parking ticket) or Bus Lane Enforcement Charge Notice you think has been wrongly issued.
The initial challenge should be sent to the council that issued the Notice.
If you make the challenge within 14 days, you may only have to pay 50% of the penalty charge if your challenge is rejected.
The council can still decide to charge you the full price.
The initial challenge must be received by the council within 28 days of when the ticket was issued. If the council do not receive it within 28 days, they will send a 'Notice to Owner' to the registered keeper of the vehicle.
At this stage you may make a formal challenge or representation.
If the council rejects your formal challenge, you'll be sent a 'Notice of Rejection'. You can appeal this rejection.
Legal grounds for appeal
The following grounds for appeal are found in schedule 6, section 2 of the Road Traffic Act 1991.
Using these grounds, you might want to appeal because:
- you didn't own the vehicle when it got the ticket
- it didn't happen e.g. your parking time hadn't run out
- the vehicle was stolen or taken without your permission
- the signs or road markings were not correct
- the penalty was more than it should have been
- your car was towed away incorrectly and you want a refund on the recovery fee
- you're a car hire firm, the vehicle was hired out at the time and the driver signed a 'liability agreement' for any penalty charge notice
- the council didn't follow the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999
The way you appeal is different if you get a parking, bus lane or car towing Fixed Penalty Notice from the police.