Grounds of appeal - moving traffic
Parking and traffic key cases
These are the only grounds - or reasons - on which you may appeal against a moving traffic Penalty Charge Notice.
- The contravention did not occur
For example, there was no failure to comply with a traffic sign.
- At the time of the alleged contravention the vehicle was in the control of someone without my consent
For example, the vehicle had been stolen.
- We are a hire firm and have supplied the name of the hirer
This applies only to hire firms where there is a qualifying hire agreement for less than 6 months and the hirer has signed a statement accepting liability for penalty charges. You will be expected to supply the name and address of the hirer and a copy of the hire agreement.
- I was not the owner at the material time
For example, the vehicle was sold before or bought after the contravention occurred. You MUST supply the full name and address of the buyer or seller, if you have it. Note: under the London Local Authorities and Transport for London Act 2003 the owner, not the driver, is normally liable for the penalty charge.
- The penalty exceeded the amount applicable in the circumstances of the case
For example, you are being asked to pay the wrong amount for the penalty charge, no penalty charge notice was issued or Penalty Charge Notice has not been served or was served out of time. The authority should normally send you the Penalty Charge Notice within 28 days of the alleged contravention but they sometimes have longer, for example where there was a delay in obtaining your details from the DVLA.