Merton Council

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Appeal a penalty charge notice (PCN)

Penalty charge notices (PCNs) are issued when a vehicle is in contravention of parking, bus lane or moving traffic regulations within our borough. Appealing against a PCN is called "making a representation".

If you appeal against a PCN within 14 days of it being issued (21 days for parking PCNs issued on the basis of a record produced by a mobile CCTV unit or other approved device) and are not successful we will re-offer the discount for a further 14 days beginning from the date on which we reply to your challenge.

It is not possible to appeal a PCN after paying the penalty charge. Payment of a PCN indicates that the motorist has accepted liability and the right of appeal is lost.

On this page

Who can appeal

Where a PCN, Notice to Owner or Enforcement Notice has been served by post, we will only enter into correspondence with the registered keeper of the vehicle as recorded by the DVLA. The registered keeper may email or write to us to advise that they have appointed a representative to deal with the matter on their behalf and only then will we correspond with the named representative.

Freedom of Information requests

Please do not include requests for information under the Freedom of Information Act 2000 with your appeal. If you wish to request information, please email foi@merton.gov.uk. Guidance on requesting information is available on our Freedom of Information page.

View evidence or pay your PCN online

You can view photographic evidence of your contravention (if any was taken) and appeal or pay your PCN on our website. You will need your PCN number and vehicle registration. If you wish to send any attachments (e.g. breakdown evidence) you should email it to parking@merton.gov.uk. Please quote your PCN number in all correspondence.

View evidence or pay your PCN online

Appealing against a parking PCN

Initial representation and early payment discount

When a PCN is served you can pay at a discounted rate of 50%, providing that you pay within 14 days of the PCN being served. If the PCN has been served on the basis of evidence recorded by an approved device (e.g. a mobile CCTV unit) the discounted rate of 50% must be paid within 21 days of the date of issue of the notice.

However, should you wish to make a representation against the issuing of the PCN you may do so:

Please ensure that you quote the PCN number in all correspondence.

Because a PCN is a legal document, representation by phone for any part of the appeal process will not be accepted.

All representations received will be investigated in a strict chronological order. If we decline to cancel the PCN you will be informed in writing and be given a further 14 days to pay at the discounted rate. If the PCN was served on the basis of evidence recorded by an approved device you will also be given a further 14 days to pay at the discounted rate.

Notice to owner (NTO)

If you do not wish to pay and still wish to contest the issue of the PCN then you must await the issue of the Notice to owner (NTO). This will allow you another opportunity to make formal representations against the issuing of the PCN. Please note that the discounted rate of payment does not apply at this stage, and should you decide to pay the PCN, this will be at the higher rate, depending on the contravention code displayed on the ticket.

All representations at the Notice to Owner stage must be received in writing in one of the following ways:

  • by completion of the Notice to Owner documents
  • Online - appeal your PCN online
  • by emailing parking@merton.gov.uk
  • by sending a letter which is signed and dated to Merton Parking Services at the Civic Centre address below

Parking and traffic appeals service (PATAS)

If our response to the representation made at the NTO stage is not to cancel it, then you will receive a Notice of Rejection. You will also receive details of how you can apply to the Parking and Traffic Appeals Service (PATAS) for them to adjudicate on this matter. You cannot apply to PATAS until you have received a Notice of Rejection to your Notice to Owner (NTO).

If you decide to ask for adjudication from PATAS you will be notified when the case is to be heard. You can attend in person or the case can be heard in your absence. There are no additional costs to you for using PATAS and the adjudicator's decision is binding on both parties.

If the adjudicator decides that the PCN is valid, you will be given a further 28 days to pay the PCN at the higher rate, which depends on the contravention code. After an appeal has been heard, you have no further right to appeal.

For further information see the Parking and traffic appeals service website.

Charge certificate

If you fail to pay the PCN within this period, the charges are then increased by a further 50%.

Failure to pay the PCN at this point or Charge Certificate stage will mean that we are entitled to and will register the debt at County Court for a summons. This will be passed the council’s internal bailiffs team.

Once passed for collection to the bailiff, the bailiff is entitled to collect the outstanding charge plus any legitimate costs they have incurred. The council only receives the current charge certificate charge plus the County Court charge for registration.

Should you wish to make payment once your case has been passed to the bailiff, payment must be made to the Bailiff section quoting their bailiff reference number.

Appealing against a bus lane contravention 34J penalty charge notice (34J PCN)

In March 2004 the London Borough of Merton began to enforce Bus Lane Contraventions via their network of CCTV cameras.

A bus lane contravention 34J PCN is issued when a vehicle is seen to be travelling within a bus lane during restricted hours.

In these instances, we will use the vehicle registration to identify the owner of the vehicle, and the 34J PCN will be mailed to the address the vehicle is registered at with DVLA, along with a photo of the vehicle in contravention of the bus lane restrictions.

Initial representation and early payment discount

When a bus lane contravention 34J PCN is issued you can pay at a discounted rate of 50%, providing that you pay within 14 days of the date of issue of the notice

Alternatively, should you wish to make a representation against the issuing of the 34J PCN you may do so by

Please ensure you quote the 34J PCN number in all correspondence.

Because a 34J PCN is a legal document, representation by phone for any part of the appeal process will not be accepted.

However, at this stage, if you wish to view the footage of the vehicle in contravention of Bus Lane Restrictions, you may request an appointment to come into Merton Civic Centre and view this.

If we decline to cancel the 34J PCN you will be informed in writing and be given a further 14 days to pay at the discounted rate.

Enforcement notice (EN)

If you do not wish to pay and still wish to contest the issue of the 34J PCN then you must await the issue of the Enforcement Notice (EN). This will allow you another opportunity to make representation against the issuing of the 34J PCN. The discounted rate of payment does not apply at this stage, and should you decide to pay the 34J PCN, this will be at the higher rate.

All representations at the Enforcement Notice stage must be received in writing in one of the following ways:

Merton Parking Services
Merton Civic Centre
London Road
Morden
SM4 5DX

Parking and Traffic Appeals Service (PATAS)

If our response to the representation made at the Enforcement Notice stage is not to cancel it, then you will receive a Notice of Rejection. You will also receive details of how you can apply to the Parking and Traffic Appeals Service (PATAS) for them to adjudicate on this matter. You cannot apply to PATAS until you have received a Notice of Rejection to your Enforcement Notice.

If you decide to ask for adjudication from PATAS you will be notified when the case is to be heard. You can attend in person or the case can be heard in your absence. There are no additional costs to you for using PATAS and the adjudicator's decision is binding on both parties.

If the adjudicator decides that the 34J PCN is valid, you will be given a further 28 days to pay it at the higher rate. After an appeal has been heard, you have no further right to appeal.

For further information see the Parking and Traffic Appeals Service website.

Charge Certificate

If you fail to pay the penalty charge within this period, the charges are then increased by a further 50% Failure to pay the 34J PCN at this point or Charge Certificate stage will mean that we are entitled to and will register the debt at County Court for a summons. This will be passed the council’s internal bailiff team.

Once passed for collection to the bailiff, the bailiff is entitled to collect the outstanding charge plus any legitimate costs they have incurred. The council only receives the current charge certificate charge plus the County Court charge for registration.

Should you wish to make payment once your case has been passed to the bailiff, payment must be made to the Bailiff section quoting their bailiff reference number.

This page was last updated on Tuesday 8 July 2014