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How to appeal against a bus lane 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".

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.

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.

View evidence online

Appealing your PCN

We enforce bus lane contraventions via our network of CCTV cameras. A bus lane contravention PCN (also called a 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. Images and CCTV footage can be viewed on our website.

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

  • online:
    Appeal your PCN
  • or by sending a letter which is signed and dated to Merton Parking Services at the Civic Centre address below:
    Merton Parking Services
    Merton Civic Centre
    London Road
    Morden
    SM4 5DX

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 providing you have made a representation within 14 days of the PCN being issued.

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:

  • by completion of the Enforcement Notice documents
  • online:
    Appeal your PCN
  • or by sending a letter which is signed and dated to:
  • Merton Parking Services
    Merton Civic Centre
    London Road
    Morden
    SM4 5DX

London Tribunals

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 London Tribunals for them to adjudicate on this matter. You cannot apply to London Tribunals until you have received a Notice of Rejection to your Enforcement Notice.

If you decide to ask for adjudication from London Tribunals 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 London Tribunals 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 London Tribunals 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.

Appeal against a moving traffic PCN 

If you drive in a restricted route, make a prohibited turn or stop in a yellow box junction, our CCTV cameras will pick up your registration number and send the registered owner a penalty charge notice together with a photo of the vehicle from the camera.

If you think you shouldn't have received the notice, you can appeal either 

  • online:
    Appeal your PCN
  • or by sending a signed and dated letter quoting your penalty charge notice number (MT…..). to:

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

We don't accept appeals in person or by telephone

If your representation (challenge) is successful, the fine will be withdrawn and we will notify you of this.

If it is unsuccessful you will receive a Notice of Rejection. If we received your challenge within 14 days from the date on the PCN, we will give you another 14 days to pay the discounted charge on your notice. This is the only time the discount will be offered.

If we receive your challenge after the 14 days have passed, then you will be charged the full amount.

If you pay your charge at any stage, you lose your right to appeal.

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.

If you would like to make a further challenge

You can appeal to the Environment and Traffic Adjudicators (ETA).

  • You will be sent details of your court case which you can choose to attend or not. There is no charge for this court case.
  • If your challenge is successful, the fine will be withdrawn.
  • If the adjudicators decide that the PCN is valid you will have 28 days to pay it. Even if you have previously been offered the discounted amount, you will not be offered this again.
    If you miss the payment deadline you will get a Charge Certificate and your fine will increase by 50%.

If you still don't pay

If you still don't pay we will apply to the Traffic Enforcement Centre (TEC) to register the outstanding debt. A court registration fee will be added on.

We will send an Order for Recovery and Statutory Declaration to the registered keeper. You can either:

  • pay the fine
  • file a Statutory Declaration with the TEC (if one of the limited grounds applies to you as detailed on the Order for Recovery).

If we don't receive a response, we may apply for a Warrant of Execution to the TEC and your case will be passed to enforcement agents (bailiffs). You will be liable to pay enforcement charges on top of the existing fine.