Independant Parking Adjudicator
The Independent Parking Adjudicator is based at the Traffic
Penalty Tribunal.
The Adjudicator decides on cases issued by Civil Enforcement
Authorities.
The appeals procedure is a statutory process by virtue of the
Traffic Management Act 2004 and must be followed by all parties
concerned.
To appeal to the adjudicator you must have been issued with a
Notice to Owner and sent formal representations to the council.
Only when a Notice of Rejection is issued, is a case able to be
logged with the Adjudicator.
The final stage of appealing against a Penalty Charge Notice is
an appeal to the Independent Adjudicator. The Adjudicator is the
highest authority to appeal to. The Adjudicator is your equivalent
to a day in court. It allows the registered keeper of the vehicle
to put their case forward to an independent body.
An appeal to the Independent Parking Adjudicator is not a
continuation of previous correspondence with the Council but a new
process.
When an appeal is logged with the Adjudicator, it must be the
registered keeper of the vehicle who logs the appeal (called the
appellant).
The adjudicator’s decision is final and both parties must adhere
to the decision which is made.
The Adjudicator will consider evidence which is submitted by
both the Council and the appellant.
An Adjudication hearing can be via:
- Post: the Adjudicator will base their decision
on evidence submitted by the appellant and the Council and will
make a decision- both parties will be informed by post.
- Telephone: both parties will submit evidence
to the adjudicator. Then on a pre arranged day the Adjudicator will
hold a telephone conference call with both parties and allow them
to put their case forward. The Adjudicator will make a decision and
inform both parties. The Adjudicator will then confirm the decision
via post.
- Personal: the appellant will attend a hearing
on a pre arranged day at the location of the appellants choice
(given from a list of selected locations from the Traffic Penalty
Tribunal. The Traffic Penalty Tribunal cannot guarantee your
selection will be available, but will take them into account when
arranging the hearing). The council can send a representative if
they wish, however it is important to note that it is unusual for a
Civil Enforcement Officer to attend a hearing. Once the Adjudicator
has made a decision, this will be communicated at the end of the
hearing, a confirmation of the decision will also be sent in the
post.
The adjudication hearing is informal and you do not need a
lawyer to represent you.
For further information please visit the Traffic
Penalty Tribunal website.
The Council is a member of the Parking and Traffic Regulations
Outside London (PATROL) Adjudication and Joint Committee.
The Joint Committee publishes an
Annual Statement of Accounts which is subject to External Audit
and the arrangements for 2011/12 can be found on the link
above.