Parking and Traffic
Adjudicators
at the Parking and Traffic
Appeals Service
Practice Manual for
London Enforcement Authorities
CONTENTS
Glossary
Page
2
1.
Introduction
3
2.
Parking and Traffic Adjudicators
4
3.
Initiating an appeal
5
4.
Registration of appeal
7
5.
Scheduling an appeal
10
6
Notification of receipt of notice of appeal
13
7.
EA preparation of evidence
14
8.
EA submission of evidence to PATAS
21
9.
Sending evidence to the appellant
22
10.
Further representations
23
11.
Adjudicator’s powers to require attendance of witnesses and
production of documents
24
12.
Admission to a hearing
25
13.
Appearances at a hearing
26
14.
Procedure at a hearing
27
15.
Adjournment
28
16.
Decisions on appeals
29
17.
EA no contests and appellant withdrawals
31
18.
Review of adjudicator’s decision
33
19.
Costs
34
20.
Witness statements/statutory declarations
35
21.
Miscellaneous powers (of the adjudicator)
37
22.
The statutory register
38
23.
Miscellaneous matters
39
Appendices
Appendix 1
Appendix 2
Appendix 3
Appendix 4
PATAS contact details
Overview of enforcement authority reports
Evidence forms and their purpose
Evidence forms
Page 1
41
42
58
63
December 2008
GLOSSARY
The Chief Parking and Traffic Adjudicator acts as head of the Tribunal and leads
the Adjudicators. The post is not, however, a statutory one. The Chief Adjudicator is
merely one of the Adjudicators designated as such. Judicially, the Chief Adjudicator’s
status is no different from any other Adjudicator.
PATAS provides the administrative support to the Adjudicators. The Service receives
and registers appeals, schedules hearings and handles correspondence to and from
the Tribunal. PATAS provides support for the Hearing Centre based in central
London.
The Proper Officer is a member of the administrative staff provided under section
81(4)(a) of the Traffic Management Act 2004 and appointed to perform the functions
of the proper officer under the Schedule (“the Schedule”) to The Civil Enforcement of
Parking Contraventions (England) Representations and Appeals Regulations 2007,
and regulation 2(1) of The Road Traffic (Parking Adjudicators) (London) Regulations
1993 as amended (“the 1993 Regulations”).
London Councils TEC has outsourced much of the administration of appeals under
contract to Sungard Public Sector (“SPS”). It provides the Tribunal’s computerised
adjudication system and carries out all the day-to-day processing of documents. It
should, however, be understood that SPS carries out these functions on behalf of
PATAS, not in its own right.
Service of any document means receipt by the intended recipient. Under regulation
3(2) of the General Regulations, “service” of any document sent by first class post
which has been properly addressed, pre-paid and posted shall, unless the contrary is
proved, be taken to have been effected on the second working day after the day of
posting. The Appellant’s address for service is specified on the NOA. This is the
only address to be used for the Appellant until notified of a new address for service.
Abbreviations
EA
CEO
DNC
DVLA
NOA
NOR
NTO
PATAS
PCN
TMA
Appeals Regulations
-
The General Regulations The 1993 Regulations
-
Enforcement Authority/Local Authority
Civil Enforcement Officer/Parking Attendant
Do Not Contest
Driver and Vehicle Licensing Authority
Notice of Appeal
Notice of Rejection
Notice to Owner
Parking and Traffic Appeals Service
Penalty Charge Notice
Traffic Management Act 2004
The Civil Enforcement of Parking Contraventions
(England) Representations and Appeals Regulations
2007
The Civil Enforcement of Parking Contraventions
(England) General Regulations 2007
The Road Traffic (Parking Adjudicators) (London)
Regulations 1993 as amended
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December 2008
INTRODUCTION
1.1
The primary purpose of this Manual is to provide practice guidance for EAs on
the procedures to follow in appeals to the Parking and Traffic Adjudicators.
Guidance aimed specifically at appellants is provided in the notes to the Notice
of Appeal form and in a number of leaflets which are provided at various stages
of the appeal process. However, appellants may also find parts of the Manual
of assistance.
1.2
The guidance supplements the procedures laid down in the Schedule (“the
Schedule”) to The Civil Enforcement of Parking Contraventions (England)
Representations and Appeals Regulations 2007 (“the Appeals Regulations”) for
appeals under the Traffic Management Act 2004 (“TMA”) and The Road Traffic
(Parking Adjudicators) (London) Regulations 1993 as amended (“the 1993
Regulations”) for all other appeals.
1.3
In this Manual, reference is made to the applicable Regulations: the 2007
Regulations appear first and the 1993 Regulations second.
1.4
The Manual follows the appeals procedure chronologically.
1.5
The overriding objectives of this Manual are as follows:
 To enable the Adjudicators to deal with cases justly, expeditiously and fairly
 To assist the administration of appeals. The efficient and effective use of
the Tribunal’s automated processing systems is heavily dependent on the
practice in this Manual being followed.
1.6
It is recommended that EAs make this Manual available to every member of
staff involved in the enforcement and appeals process.
1.7
This Manual comes into effect from November 2008 and replaces the 1996
Guide to the Parking Appeals Service and all of the Practice Notes for Local
Authorities issued by the Chief Parking Adjudicator since 27 September 2005.
The Manual is published in loose leaf form to allow amendments to be made by
the issue of replacement pages. The Manual is also available on the PATAS
website, www.parkingandtrafficappeals.gov.uk .
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December 2008
2
2.1
PARKING AND TRAFFIC ADJUDICATORS
Parking and Traffic Adjudicators at the Parking and Traffic Appeals Service
(“PATAS”) consider appeals against Penalty Charge Notices issued by the 33
London Local Authorities and Transport for London (collectively called ‘the
enforcement authorities’) for the following contraventions:




Parking
Bus lane
Moving Traffic
The London overnight lorry ban.
2.2
Adjudicators are judicial office holders with at least a 5-year general
qualification as a Lawyer, and they are appointed for a term not exceeding 5
years. This term is renewable. They form a statutory Tribunal, which is
independent of the EAs. The Adjudicators make an annual report on the
discharge of their functions to the London Councils Transport and Environment
Committee. (“LC TEC”).
2.3
Appeals are decided by a single Adjudicator who will consider all the evidence,
make findings of fact and apply the law. Hearings are normally held in public
and particulars of proceedings are recorded on the statutory register, which is
open to inspection by any person without charge. The EA will be invited to
attend a hearing where the Adjudicator considers that attendance will assist
him in properly disposing of the appeal, and the EA is expected to comply with
such a request.
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December 2008
3
INITIATING AN APPEAL
Paragraph 2 of the Schedule, regulation 3 of the 1993 Regulations
Notices of Appeal
3.1
The Adjudicators have promulgated Notices of Appeal in a standard format to
enable the Appellant to provide all relevant information, and in the interests of
administrative efficiency for the EA and PATAS. The forms also include
guidance notes on the appeal process and the correct completion of the Notice
of Appeal.
3.2
There are different forms for each appeal type, as follows:
 Parking PCN where the alleged contravention occurred before 31 March
2008
 Parking Clamp/Remove where the alleged contravention occurred before
31 March 2008
 Parking PCN where the alleged contravention occurred after 30 March
2008
 Parking Clamp/Remove where the alleged contravention occurred after 30
March 2008
 Moving Traffic
 Bus Lanes
 Lorry Ban.
3.3
In every case where an EA serves a Notice of Rejection, the correct Notice of
Appeal form should be enclosed. Failure to do so may inhibit the motorist’s
access to the right to appeal to the Tribunal. It may also lead to delay in the
motorist submitting their appeal to the Tribunal, particularly if, as has
sometimes been the case, the EA advises them to contact the EA for a form if
they wish to appeal. If this causes the appeal to be submitted later than the 28
days allowed, the Appellant will be required to explain why the Notice of Appeal
was filed late and the Adjudicator will have to spend time unnecessarily in
having to consider whether the Notice of Appeal should be accepted out of
time. If, on the other hand, the motorist chooses to submit an appeal by letter
rather than on the promulgated form, as they are entitled to do, this will be
detrimental to the efficient administration of the appeal and may lead to delay in
the Tribunal’s staff identifying that the letter is an appeal. It is accordingly in the
interests of the Tribunal, the public and EAs that the appropriate Notice of
Appeal form is despatched with the Notice of Rejection.
3.4
PATAS does not issue appeal forms to the public direct. EAs should never
advise the public to contact PATAS for a form. It is the EA’s responsibility to
issue the forms.
3.5
The EA should insert into the box (the “EA box”) on the second page of the
NOA, the following information so that it is clear and unambiguous:







the full name of the person to whom the Notice of Rejection was issued
the date of the Notice of Rejection
the vehicle registration mark
the case type i.e. clamp or remove
the PCN number
the total number of PCNs
how the penalty charge notice was served i.e. ‘issued on street’ or ‘issued
by post’ (in TMA appeals only).
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December 2008
3.6
After insertion of the relevant PCN numbers in the EA box, the remaining space
should be crossed through. This prevents Appellants from inserting additional
numbers.
3.7
It is vital that the correct information is clearly inserted, so that PATAS staff can
efficiently schedule appeals or immediately identify where appeals have been
made by a person not entitled to do so or not in time. Where the Notice of
Rejection has been issued to a company, the name of the company must
appear in the EA box, NOT the name of an employee.
3.8
A Notice of Appeal should only be sent to an Appellant where a Notice of
Rejection has been served. The erroneous issuing of the Notice of Appeal
form prior to the right of appeal arising causes considerable upset to
Appellants, and results in much unnecessary work for PATAS and the EA when
the motorist (understandably) submits an appeal before their right to do so has
arisen.
3.9
It is particularly important to bear in mind that the time limit for appealing runs
from the date of service i.e. the date of actual receipt of the NOR.
Multiple PCNs
3.10 A maximum of 10 Penalty Charge Notices issued to the same vehicle can be
inserted into the EA box of the Notice of Appeal. They should be listed in
chronological order, with the date of earliest contravention appearing first. This
practice assists both the parties and the Tribunal to deal with the appeals in an
efficient and coordinated manner. The fee for appeals is per PCN, not per
appeal form.
Duplicate Notices of Appeal
3.11 Where the EA issues a duplicate Notice of Appeal, this should be prominently
marked with “Duplicate Notice of Appeal issued on [date] ” and the EA should
insert the date. This assists the Adjudicator to identify possible reasons for
delay when considering an application to extend time for the filing of an appeal.
Receipt by EA of the Notice of Appeal
3.12 Where an Appellant sends the Notice of Appeal to the EA - rather than to
PATAS - the EA should mark the document as received by it on a certain date
and immediately forward it to PATAS.
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December 2008
4
REGISTRATION OF APPEAL
Paragraph 3(1)(b),(4)-(6) of the Schedule, regulation 4(1)(b) of the 1993
Regulations
4.1
On receipt of a Notice of Appeal PATAS date stamps it, allocates a case
reference number, and schedules the appeal. Particulars of the appeal are
automatically entered on the statutory register of proceedings.
4.2
If an appeal is made other than on the promulgated form, PATAS enters appeal
details on a Letter of Appeal Details form for the purpose of creating the case
and will contact the EA to obtain any missing details, such as the date of the
NOR.
Defective Appeals
4.3
If it appears that a Notice of Appeal may be defective in some respect, the case
is classified according to the defect, as follows.
 Inconsistent, if the name of the Appellant on the first page of the Notice of
Appeal does not match the name in the EA box.
 Incomplete, if it is unsigned or does not contain a valid Penalty Charge
Notice number.
 Out of time, if it is not received at PATAS within 35 days of the date of the
Notice of Rejection as recorded in the EA box.
It is then dealt with as explained below.
4.4
In rare cases, where the Notice of Appeal contains so little information that the
proper officer cannot ascertain the relevant details, the appeal cannot be
registered.
Inconsistent Appeals
4.5
Where it appears that the appeal is inconsistent, PATAS will normally:
 contact the EA to establish the identity of the person to whom the Notice of
Rejection was issued;
 write to that person and the person named as the Appellant on the NOA, in
order to establish whether the recipient of the NOR wishes to appeal
against the decision, and if so, then whether the person named as the
Appellant will represent them, and
 write to the EA to explain that an inconsistent Notice of Appeal has been
received, enclose copies of the letters sent to both the recipient of the
Notice of Rejection and the person in whose name the NOA has been filed,
and request that the EA suspend enforcement of the penalty charge
pending a response from either or both of the above two persons.
4.6
Once the enquiries are complete, PATAS will
 where the inconsistency is resolved, mark the appeal as consistent and
schedule it; or
 where the inconsistency is not resolved, close the case and notify the EA to
that effect, at which point the EA may enforce the PCN.
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December 2008
Incomplete appeals
4.7
Where it appears that the Notice of Appeal is incomplete, PATAS will
 inform the EA of receipt of an incomplete NOA in the Incomplete Cases
Received report
 write to the Appellant requesting either the missing PCN number, or for the
Appellant’s signature.
4.8
On receipt of the Incomplete Cases Received report, the EA should
immediately suspend enforcement of the PCN until notified that the appeal has
been closed or scheduled.
4.9
Once the enquiries are complete, PATAS will
 where the necessary information is obtained, mark the appeal complete
and schedule it; or
 if it is not made complete, close the case, at which point the EA may
enforce the PCN.
4.10 The EA should be mindful that some incomplete cases result from the failure of
the EA to complete the EA box correctly, and so when PATAS write to the EA
asking for assistance in obtaining the missing details, the EA should promptly
assist PATAS.
Out of Time Appeals
Paragraph 15 of the Schedule, regulation 14 of the 1993 Regulations
4.11 An appeal will normally be treated as in time if it is received at PATAS within 35
days of the date of the Notice of Rejection recorded in the EA box. This allows
a margin of 7 days for receipt by the Appellant of the NOR. It is vital that
Notices of Rejection are dated the date they are sent to the Appellant. Any
delay in despatch means that the date on the Notice will not be the day of
despatch and will be misleading for the purposes of calculating the time for
appealing, to the possible prejudice of the Appellant.
4.12 The Notice of Rejection must accurately express the time limit for appealing to
the Adjudicator: that is, 28 days beginning with the date of service of the NOR.
As the time limit will depend upon the date of service (i.e. receipt) of the NOR,
it is never acceptable for an EA to insert an actual date by which a NOA should
be delivered to PATAS.
4.13 If an appeal is received more than 35 days after the date of the Notice of
Rejection and reasons for the delay are given, the proper officer will request
the Adjudicator to consider whether it is appropriate to extend the time limit to
allow the appeal to proceed. If the Adjudicator does not consider sufficient
reasons for the delay are given, the appeal will be rejected as out of time.
4.14 If a late appeal is rejected, PATAS informs the Appellant by letter, and notifies
the EA on the Out of Time Appeals Rejected report.
4.15 If a late appeal is accepted, PATAS sends a scheduling letter to the Appellant
and notifies the EA on the Out of Time Appeals Accepted for Processing report.
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December 2008
4.16 When the EA receives the Out Of Time Appeals Accepted for Processing
report it should check to see if a charge certificate has been issued in respect
of any Penalty Charge Notice. If a charge certificate has been issued it must
immediately be cancelled and the Appellant informed.
4.17 In deciding when to issue a charge certificate, the EA should be mindful that
time runs from the date of service of the Notice of Rejection - which means
receipt by the Appellant - and so a charge certificate should never be served 28
days after the despatch of the Notice of Rejection. A premature charge
certificate is unlawful and can be very worrying to its recipient. It is good
practice to allow 7 days for service of the NOR.
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December 2008
5
SCHEDULING AN APPEAL
Paragraph 7 of the Schedule, regulation 8 of the 1993 Regulations
5.1
This section sets out the normal practice for scheduling appeals.
5.2
The Adjudicators take into account the preferences of the parties as to the
scheduling of appeals and in the main accommodate them. However, the
parties are not entitled to insist on a particular time and date for the hearing.
Ultimately the scheduling of an appeal is a matter for the Adjudicator.
Initial Scheduling
5.3
The appeal will be scheduled for a personal hearing or a postal decision
according to the choice indicated by the Appellant on the Notice of Appeal. If
the Appellant does not mark a choice, the appeal will be scheduled for a
personal hearing.
5.4
A personal appeal will be scheduled at the earliest time and date available no
earlier than 21 days from the date of receipt by PATAS of the Notice of Appeal
and with consideration being given to the scheduling request indicated by the
Appellant on the Notice of Appeal. If the party who requests a personal hearing
fails to attend, then the case may be disposed of without a hearing.
5.5
A postal appeal will be scheduled at the earliest date available and no less than
28 days from the date of receipt by PATAS of the Notice of Appeal.
5.6
Even where neither party has requested a personal hearing, the Adjudicator
may decide that a personal hearing should be held.
Re-scheduling
5.7
The Adjudicator may alter the time and place of any hearing, and normally at
least 7 days notice will be given - but this can be a shorter time if the parties
agree.
5.8
PATAS notifies the EA of re-schedulings on the Notification: Re-scheduled
Cases report.
Re-scheduling: personal appeals
5.9
An application by an EA for a re-schedule of a personal hearing should be
made on a Request Form prior to the date of hearing and giving the reason for
the application. It will be referred to an Adjudicator for a decision. As the
application may not be granted, the EA should not assume that it is released
from the obligation to file evidence by the due date notified in the In-time
Appeals report: see Section 8 for fuller information.
5.10 The EA should also notify the Appellant of the application.
5.11 Where an application for a re-schedule is made within 3 days of the date of
hearing, it must be hand delivered to Hearing Centre Reception. The envelope
must be clearly marked “URGENT – LATE RESCHEDULE REQUEST”,
together with the Appellant’s name, hearing date, and case reference number.
If this procedure is not followed, the application may not be considered by an
Adjudicator until the hearing date itself.
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December 2008
Re-scheduling: postal appeals
5.12 The EA may make a re-schedule request of a postal case using the
Reschedule Request form where:
 the appeal has not previously been re-scheduled at the EA’s request
 the appeal has not already been considered by an Adjudicator and
adjourned
 the request is for 14 days only
 the application is received before the hearing date.
5.13 The following information should be inserted on the Reschedule Request form:




the case reference number
the Appellant’s surname and initials
the VRM
the rescheduled from and to dates
5.14 In such circumstances the Adjudicators have issued standing instructions to the
proper officer to grant one postal re-schedule request per appeal without
referring the matter to an Adjudicator.
5.15 In every other postal case where a re-schedule is sought, i.e. postal cases
requiring a re-schedule for more than 14 days, a Request Form should be
used.
Changing a Case from a Postal to a Personal or vice
versa
5.16 At any time before a postal case is decided either party may request a personal
hearing. If the EA wishes to attend a hearing then it is entitled to do so, whether
or not the Appellant has requested a personal hearing. It should notify PATAS
as soon as possible and preferably on receipt of the notification of hearing
date, so that arrangements can be made. The EA should notify the Appellant
that it intends to attend the hearing.
5.17 If a case has been scheduled for a personal hearing, the party that requested
the hearing may at any time ask for the case to be disposed of without a
hearing. The case will then normally be rescheduled as a postal case.
Multiple Notices of Appeal
5.18 Where an Appellant has filed more than one Notice of Appeal, in relation to the
same vehicle, then PATAS will normally link the appeals. This facilitates the
listing of personal appeals on one day in order to minimise costs and promotes
efficient disposal of appeals. If the EA has any specific reason for requesting
such appeals to be disposed of separately, then an application may be made to
the Adjudicator on a Request Form, giving reasons.
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December 2008
Consolidation of proceedings
Paragraph 14 of the Schedule, Regulation 13 of the 1993 Regulations
5.19 Where there are two or more pending appeals and where there is some
common question of law or fact, or for some other reason it is desirable, the
Adjudicator may consolidate the appeals and give such consequential
directions as necessary.
5.20 Both parties will be given the opportunity to make representations against the
making of such an order.
5.21 This power is rarely used. In practice, the benefits of consolidation are
achieved by listing cases together without a formal order.
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December 2008
6
NOTIFICATION OF RECEIPT OF NOTICE OF APPEAL
6.1
Subject to the Notice of Appeal being in order, within 2 working days of its
receipt PATAS will send a scheduling letter to the Appellant giving the date set
for a personal hearing, or the date on which a postal case will come into the list
to be decided by an Adjudicator.
6.2
The EA will be notified of all appeals received by daily reports, divided as
follows:




6.3
Notification: In-time Appeals
Notification: Out of Time Appeals Accepted for Processing
Notification: Out of Time Appeals Rejected
Notification: Incomplete Cases Received.
A copy of the Notice of Appeal together with any evidence received with it, will
be sent to the EA itemised on the In-time Appeals and Out of Time Appeals
Accepted for Processing reports.
Enforcement Authority Action
6.4
Upon receipt of a copy of the Notice of Appeal, the EA should verify that the
information contained therein is accurate, and in particular check that:




a Notice of Rejection has been sent
the Appellant is the person to whom the Notice of Rejection was sent
that the PCN details are correct
the information in the EA box has not been altered in any way.
6.5
Any discrepancy should immediately be drawn to the attention of the
Adjudicator by the filing of a Request Form, clearly specifying the discrepancy,
together with copies of any relevant documents. Where the Request Form is
accompanied by additional or supplementary sheets, these should be referred
to on the Request Form itself, and the total number of pages specified.
6.6
The EA must note from the NOA the address stated by the Appellant for
correspondence. It is either the address, if any, entered under “Address for
correspondence”, or if none is specified there, it is the address entered under
“Address”. The address so specified by the Appellant, and only this, is the
proper address for correspondence and service on the Appellant of the
evidence. Any document sent by first class post to the Appellant at that
address is regarded as having been sent. The EA must therefore ensure that
its records are brought up to date so that this address is used for all future
correspondence and service of evidence. The Appellant may at any time, by
notice in writing to PATAS, change the proper address. Where correspondence
or evidence is sent to any other address, the Adjudicator may conclude that
service has not taken place and this may (in appropriate cases) result in an
adjournment of an appeal or the appeal being allowed.
6.7
The EA may wish to review the appeal at this stage, particularly in the light of
any further evidence filed by an Appellant with the Notice of Appeal. It is open
to the EA to review the appeal at any stage of the proceedings.
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December 2008
7
EA PREPARATION OF EVIDENCE
General Points
7.1
It is not the function of Tribunal staff to guide either party on what evidence
should be filed in any particular case, nor to give legal advice. PATAS staff will
not give advice over the telephone about what either party should submit. The
EA will be referred to this Manual.
7.2
It should be noted that the EA must make full disclosure. It must therefore
submit all items of correspondence and evidence in its possession relating to
the appeal, including items that might assist the Appellant, irrespective of
whether the EA considers it to be relevant or not. This relates to any issue
raised in the appeal and is not limited to the formal ground of appeal actually
selected by the Appellant on the Notice of Appeal.
7.3
Most documents submitted will be copies of original documents. It should be
clearly understood that these MUST be complete and accurate copies of the
originals, and should not be altered in any way. The Adjudicator relies on this
being the case. It is an extremely serious matter to present to the Adjudicator
documents as being true copies of originals when they are not. The Adjudicator
might regard doing so as an attempt to pervert the course of justice, warranting
reporting to the police for possible prosecution.
7.4
The EA should note that the “best” evidence on which it wishes to rely must be
forwarded to both PATAS and the Appellant. For example, where videotape
evidence exists, a copy of it should be provided – rather than photographic
stills.
7.5
Ordinarily video stills are endorsed with a time and date. Wherever possible
photographs should be endorsed with the date and time. It is essential for the
date and time to be accurate and the mechanisms should be the subject of
regular checks. This evidence should be submitted to PATAS in time order.
7.6
Copies of photographs submitted in evidence are commonly very poor quality
photocopies. These are not acceptable. Copies of photographs (including
photographs submitted by the Appellant to the EA) must be good quality copies
that faithfully reproduce the originals. Where the originals are in colour, the
copies submitted must be colour copies.
7.7
Likewise, where an original video/DVD recording is in colour, the copy
submitted in evidence must be in colour. The copy should be at the same
speed as the original recording. DVDs are strongly preferred over videotapes.
They take up far less storage room and when paused the image is stable. EAs
should also bear in mind that many people no longer own a video machine and
will be unable to play a videotape; Adjudicators have seen many Appellants
who have made this point. EAs should therefore preferably send a DVD to the
Appellant, or better still offer them the choice of a DVD or videotape.
7.8
Highlighters should not be used to draw attention to any particular aspect of the
evidence. If the EA needs to draw attention to any specific item then the matter
should be referred to in the Notes for Adjudicator section on the relevant
evidence form.
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December 2008
7.9
As evidence is processed by use of a high speed scanner, it should be
submitted (ideally) without any fastening. If considered necessary, paper clips
may be used, but not staples.
7.10 Poor quality documents will often be illegible when scanned, and so the EA
should mark poor quality documents in the “notes” section of the relevant
evidence form.
7.11 It is never acceptable for the EA to charge an Appellant for the evidence on
which it seeks to rely at the hearing.
7.12 Original evidence must be available for production to the Adjudicator if required
and, once supplied to PATAS, will be retained. It is not acceptable practice to
scan evidence and then destroy the originals.
7.13 The EA should be mindful of the possibility of judicial review proceedings when
deciding how long to keep evidence.
Items of Evidence
Mandatory Items of Evidence
Paragraph 3(3) of the Schedule, Regulation 4(2) of the 1993 Regulations
7.14 The regulations state that copies of the following must be submitted to the
proper officer by the EA:
 the original representations
 the relevant Penalty Charge Notice, and
 the relevant Notice of Rejection.
7.15 Although the regulations require these to be filed within 7 days of receipt by the
EA of the notification of the appeal, the Adjudicators, pursuant to their general
power to extend time, have made a general direction allowing these documents
to be submitted at the same time as the remainder of the EA evidence.
7.16 Failure to file the mandatory items of evidence may result in the Adjudicator
allowing the appeal.
Standard Items of Evidence
7.17 In addition to the mandatory items of evidence, the EA should also submit in
evidence:







an Evidence Checklist
a Case Summary
the applicable Traffic Management Order, or relevant extracts
CEO’s notes and any photographs
videotape/dvd (if any)
ownership details and notice to owner (if any)
copies of ALL correspondence.
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December 2008
Other Evidence
7.18 Other relevant evidence may include:





clamp/remove payment details
meter/pay and display machine maintenance records
map/site report
photographs of signage or the site
PCN payment details.
7.19 This is not an exhaustive list.
Collating Evidence
7.20 Evidence should be collated in the order listed below using the standard
reference letters:
ABCDEFGHIJi Jii -
Evidence Checklist
Case Summary and Traffic Management Order
PCN and CEO’s notes
Registered Keeper Details and Notice to Owner (if any)
Correspondence, Representations, and Notice of Rejection
Clamp/Removal Payment details
Meter/Pay and Display Maintenance Record
Map/Site Report
PCN Payment Details
Additional Evidence
Unscannable Evidence
7.21 The EA should use the Evidence Forms provided by PATAS for each category
of evidence, insert the case reference number and identify each type of
evidence submitted (see Appendix 3 for examples). The number of pages
should be inserted so that PATAS can ensure that all pages have been
received. It should be noted that a separate form is provided for C, and that the
penalty amount applicable should be entered on it. The Notes for the
Adjudicator box on the Evidence Form should be used to bring any specific
matter to the attention of the Adjudicator who hears the appeal, and to explain
any abbreviations used.
7.22 Where the appeal concerns more than one PCN, the earliest PCN should
appear uppermost and the rest in chronological sequence.
7.23 When reproducing the Evidence Forms and Checklist, the EA should take
copies from an original provided by PATAS, rather than second generation
copies, which may be of poor scanning quality. No amendment may be made
by an EA without the prior approval of PATAS.
A – Evidence Checklist
7.24 The Evidence Checklist form should be completed so that it clearly enables the
Adjudicator, the administrative staff, and the Appellant to establish exactly
which items of evidence have been submitted in every case.
7.25 The following information contained on the form, should be completed:
 case reference number
 the Appellant’s surname and initials
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December 2008








VRM
scheduled hearing date
hearing type, which should be circled
confirmation of the accuracy of the VRM, PCN(s), and that the Appellant is
the person to whom the NTO/Enforcement Notice was sent
tick each section enclosed
the “total number of forms” box
the date that the evidence was sent to the Appellant
a signature confirming that that the copies have been sent to the Appellant
in accordance with the Adjudicators’ requirements. A copy of the letter, if
any, under cover of which the evidence has been sent to the Appellant
should be included under Section E.
B - Case Summary and Traffic Management Order
7.26 The purpose of a Case Summary is to give the Adjudicator an overview of the
case, but is not itself evidence in the case, and so any statements made in the
Case Summary must be supported by the relevant evidence.
7.27 A Case Summary should:




address all the issues raised
summarise the EA’s case
make submissions
if the Appellant is not the registered keeper of the vehicle, explain the
“chain” of ownership
 comment on the representations made by the Appellant
 specify the outstanding penalty and whether the EA is prepared to accept
payment at the reduced rate.
7.28 In producing a TMO, or extracts from one, the EA should draw to the
Adjudicator’s attention those parts that it contends are relevant. Marks or
asterisks in the margin, and/or careful underlining should be used rather than
highlighters.
C – PCN and CEO’s notes and photographs
7.29 The Evidence Form C should include:
 the case reference number
 the actual penalty applicable
 the items of evidence, number of sheets enclosed and total.
7.30 Where more than one PCN forms the subject of the appeal, a fresh Evidence
Form C should be filed for each PCN.
7.31 The Regulations require the EA to provide a copy of the relevant Penalty
Charge Notice. This must be a true and complete copy of the actual PCN
served on the motorist, and certified as such. It may be in the form of:
 a duplicate copy of a computer produced PCN
 a downloaded report of a computed produced PCN
 a carbon copy of a manually issued PCN.
7.32 If there is a manifest error on the face of the PCN - for example a failure to
correctly specify the VRM or the penalty or discount - the EA should consider
whether the error renders the penalty unenforceable and, if so, cancel the
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December 2008
PCN. If the details of the vehicle supplied by the Driver and Vehicle Licensing
Authority (“DVLA”) do not accord with those on the PCN, the EA should
consider the implications and whether the PCN should be cancelled.
7.33 The CEO’s report should be supplied in its original manuscript form (where
created) and in the form of a report downloaded from a hand held computer
(where created). The CEO’s report should be supplied in every case –
irrespective of the issues raised. In appeals where the vehicle has been
clamped and/or removed, the EA should submit the evidence of both the CEO
who issued the PCN and the CEO responsible for clamping and/or removals,
and mark the evidence clearly so that the Adjudicator can distinguish between
the two.
7.34 The EA may wish to mark in the margin those entries which are relevant to the
appeal, but should never mark over the relevant part by use of a highlighter, as
this obscures the report.
7.35 There appears to be a belief amongst some EAs that to avoid a breach of the
Data Protection Act 1998 it is necessary to edit evidence by obscuring parts of
it. EAs are reminded that section 35 of that Act provides as follows:
35. (1) Personal data are exempt from the non-disclosure provisions where the
disclosure is required by or under any enactment, by any rule of law or by the
order of a court.
(2) Personal data are exempt from the non-disclosure provisions where the
disclosure is necessary—
(a) for the purpose of, or in connection with, any legal proceedings (including
prospective legal proceedings), or
(b )for the purpose of obtaining legal advice, or is otherwise necessary for the
purposes of establishing, exercising or defending legal rights.
7.36 As the Adjudicator may consider as relevant the full page of a CEO’s notes, the
evidence should be presented unedited.
7.37 Photographs taken by either the CEO who issues the PCN and/or the CEO
responsible for clamping and/or removal should be included in evidence bundle
C. The photographs should be clearly marked so that the Adjudicator can
establish whether taken by the CEO issuing the PCN or the CEO responsible
for clamping and/or removal.
D - Registered Keeper Details and Notice to Owner (if any)
7.38 The EA should submit:
 the name and address of the keeper of the vehicle
 the name and address of the keeper of the vehicle as registered with DVLA,
(if different) together with a copy of the information received by the EA from
DVLA
 a copy of the Notice to Owner (where sent)
 the names and addresses of other people who have received Notices to
Owner and a copy of each representations form nominating a different
person in the ownership chain.
7.39 The EA should produce the best evidence of registered keeper details, such as
the DVLA certified copy entry in respect of a Local Authority On-Line Enquiry.
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December 2008
7.40 Where the EA has transferred liability to someone other than the registered
keeper, the evidence on which the transfer has been effected must be
produced and the date of cancellation of the first PCN/NTO should be clearly
stated.
E – Correspondence, Representations, and Notice of Rejection
7.41 All correspondence with the Appellant or a person appointed on his behalf must
be produced, including pre-NTO correspondence. This should include a copy of
the letter, if any, under cover of which the evidence was sent to the Appellant.
7.42 Correspondence should be submitted in chronological order, with the earliest
first (that is, on top). The practice of presenting correspondence in a bundle in
no particular order, or of presenting all correspondence from the Appellant and
then all correspondence from the EA (or vice versa) should not be followed.
7.43 The EA must show the date of receipt of the Appellant’s representations in all
cases. This is particularly important in view of the obligation placed on the EA
by the TMA to respond to all representations within 56 days of service upon
them of the representations - which applies equally in pre-TMA clamp/remove
cases. In cases to which the 56 day statutory time limit does not apply, EAs
should have in mind that they should normally respond to representations
within 2-3 months pursuant to their duty to act fairly - Davis v Kensington &
Chelsea (PATAS Case No 1970198981).
F- Clamp/Removal Payment Details
7.44 Evidence of the payment of the PCN and the clamp/removal/storage charges
must be submitted in all appeals against immobilisation and/or removal.
7.45 Where payment is made by a person who is not the owner of the vehicle, then
this should be clearly stated.
G – Meter/Pay and Display Maintenance Record
7.46 Where it is an issue in the appeal, the EA should produce records of the
accuracy and maintenance of the relevant machine. Any use of codes or
symbols should be clearly explained.
H- Map/Site Report
7.47 Where the location of the vehicle or a restriction are in issue, a site map should
be produced, and marked to show the location of the vehicle/restriction in
relation to the relevant signage and useful landmarks.
7.48 A site report should specify when a site visit was undertaken. If to the
knowledge of the EA there has been any material change to the
location/signage since the date of the alleged contravention, this should be
stated.
7.49 Where library photographs are submitted, the date on which they were taken
should be clearly stated.
7.50 There is a clear distinction between contemporaneous photographs taken by
the CEO or clamping/removing officer, which should be filed under section C,
and any other photographic evidence, which should be filed under H or J.
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December 2008
I – PCN Payment Details
7.51 PCN payment details should be submitted where the Appellant claims that the
PCN was paid within the relevant time.
J – Additional/Unscannable Evidence
7.52 When submitting any documents which do not fall within the other categories,
tick box Ji, and describe the additional evidence in the notes box. This form
should also be used for evidence submitted after the evidence pack has been
lodged.
7.53 Unusually shaped items, such as photographs or plans, should be folded
where possible to A4 (or less) or kept in an envelope, and the “notes” box on
the evidence form should describe/identify the evidence.
7.54 When submitting a DVD/CD/video, tick box Jii and describe this unscannable
evidence in the notes box.
7.55 A DVD/CD/video should be sent in a sealed A4 envelope with an Unscannable
Evidence Form securely attached to the front of the envelope. The following
details should be completed on the Unscannable Evidence Form.





the case reference number
PCN number
appellant or company name
Item description e.g. Video DVD CD etc.
“Completed by” box.
7.56 Where the evidence consists of a videotape or DVD, no specific length of tape
is prescribed. The EA should produce all of the footage of the subject vehicle
and any other footage relevant to the case. The footage should be continuous,
playable at real time speed, and not frozen at any stage – save at the end
(where needed) to show the VRM. Otherwise the evidential value of the
footage may be compromised.
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December 2008
8
EA SUBMISSION OF EVIDENCE TO PATAS
General Points
8.1
It is the responsibility of the EA to ensure that the evidence is received by
PATAS in good time.
8.2
Evidence can be sent to PATAS by hand, post, DX, or courier, and should
arrive no later than the evidence due date. This is specified on the Notification:
In-time Appeals or Notification: Out of Time Appeals Accepted for Processing
reports. This deadline gives sufficient time for the processing of evidence
before the appeal is scheduled.
8.3
Where there are known problems with delivery by one means – such as by
post during a postal strike – the EA should use another means to ensure
delivery.
8.4
The EA may send evidence to PATAS by facsimile (fax), but only after the EA
has spoken to PATAS staff to obtain confirmation that it may do so and the fax
must only be sent between 9am and 5pm, Monday to Friday. The EA should
bear in mind that photographs sent by fax will be poor quality when received,
and so the EA should make arrangements to send these separately.
Late Evidence
8.5
Where the EA intends to submit evidence to PATAS, but appreciate that it may
not reach PATAS by the evidence due date, it must use the following late
evidence procedure.
8.6
The evidence must be hand delivered to Hearing Centre Reception. The
envelope must be clearly marked “URGENT – LATE EVIDENCE”, together with
the Appellant’s name, hearing date, and case reference number.
8.7
The EA must use the Late Evidence Form, completing the following
information:






the case reference number
the Appellant’s name
the date of hearing
whether the appeal is postal or personal
the reason for late submission of evidence
whether the evidence has been served on the Appellant, and, if so, date
and method of service.
8.8
If the EA submits late evidence in more than one case on the same day, a
separate envelope must be used for each case.
8.9
Failure to follow this procedure will result in the evidence being processed in
the ordinary way. It is then unlikely that the evidence will be before the
Adjudicator on the scheduled date, with the result that the appeal may be
allowed for lack of evidence.
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December 2008
9
SENDING EVIDENCE TO THE APPELLANT
9.1
The EA must send a complete copy of the case papers to the Appellant.
9.2
The EA must provide to both PATAS and the Appellant evidence of an identical
quality. It is not acceptable to send black and white photographs to the
Appellant when colour photographs have been sent to the Tribunal.
9.3
It is the responsibility of the EA to serve evidence by first class post on the
Appellant at their correspondence address, so that it would in the ordinary
course of post arrive no later than 4 days before the hearing. Compliance with
this requirement means that the Appellant will have advance notice of the EA’s
case, and be in a position to decide what evidence to call and submissions to
make. Failure to comply with the requirement may result in the appeal being
adjourned or allowed on the basis that the Appellant’s right to a fair trial has
been prejudiced.
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December 2008
10 FURTHER REPRESENTATIONS
10.1 Either party may file further representations with PATAS at any time before the
appeal is determined, whether or not requested by an Adjudicator.
10.2 The EA should submit another Evidence Checklist appropriately completed and
further evidence forms as required.
10.3 The Adjudicator may invite either party to deliver further representations, and a
failure to respond to such a request entitles the Adjudicator to draw such
inferences as he considers proper in the circumstances.
10.4 The EA must follow the late evidence procedure if the representations might be
received by PATAS later than the evidence due date.
EA- Adjournment Evidence
10.5 When an appeal has been adjourned for further representations to be filed by
the EA, the EA will be notified on the Notification of Adjournments report. The
further representations and evidence submitted by the EA in response should
be attached to the Adjournment Evidence Form, and the following information
inserted:






the case reference number
the Appellant’s surname and initials
the VRM
any relevant comments
the total number of sheets
signature to confirm that the evidence has been sent to the Appellant, and
the date of sending.
Copying of Further Representations to the Other Party
10.6 The EA must send a copy of any further representations, including
Adjournment Evidence, to the Appellant.
10.7 On receipt of further evidence or representations made by the Appellant,
PATAS will send a copy to the EA with the Notification: Evidence Received
report. This affords the EA an opportunity to comment or file further evidence.
However, where such evidence is received less than 3 working days from the
date of the hearing, the Adjudicator will consider whether to adjourn the appeal
to give the EA an opportunity to comment or to file further evidence.
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December 2008
11 ADJUDICATOR’S POWER TO REQUIRE ATTENDANCE OF
WITNESSES AND PRODUCTION OF DOCUMENTS
Paragraph 5 of the Schedule, regulation 6 of the 1993 Regulations
11.1 Where the Adjudicator considers that the attendance of a witness is desirable
in the interests of the just disposal of an appeal, he will usually in the first
instance request the witness to attend voluntarily. It is expected that where an
EA witness, such as a CEO, is requested to attend they will normally do so to
assist the Adjudicator.
11.2 The Adjudicator may, however, by notice in writing require the attendance at
the hearing of any person as a witness, to give evidence or to produce
documents. Normally they must be given 7 days notice. No-one other than the
Appellant is bound to attend unless the necessary expenses of their
attendance are paid or tendered to them. Failure to comply with a requirement
to attend may lead to prosecution.
11.3 An application by an EA for the attendance of a witness should be made on a
Request Form. Such applications should be made at the earliest opportunity.
11.4 There are other circumstances in which the Adjudicator may require the
assistance of a representative of the EA, albeit not as a witness in the
proceedings: see Appearances at a Hearing, paragraph 13.2.
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12 ADMISSION TO A HEARING
Paragraph 8 of the Schedule, regulation 9 of the 1993 Regulations
12.1 As a general rule hearings are held in public.
12.2 The Adjudicator may direct that the whole or any part of the hearing be held in
private if satisfied it is just and reasonable to do so because of exceptional
circumstances.
12.3 The Adjudicator may exclude from the hearing any person whose conduct has
disrupted or is likely, in the opinion of the Adjudicator, to disrupt the hearing.
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December 2008
13 APPEARANCES AT A HEARING
Paragraph 9 of the Schedule, Regulation 9 of the 1993 Regulations
13.1 The Appellant and the EA are entitled to appear and be represented at a
hearing. Any other person may appear at the discretion of the Adjudicator.
13.2 On occasions the Adjudicator may consider that the attendance of the EA is
desirable. It should be understood that as well as deciding appeals, the
Tribunal is also the primary forum in which the enforcement actions of EAs as
public authorities are subjected to public scrutiny and in which they are publicly
accountable for those actions. The Adjudicators do not request the attendance
of the EA unless they consider there is good reason for doing so. Where they
do so, the EA has a responsibility, in recognition of the Tribunal's role, to
accede to that request.
Conduct of EA Representatives When Attending Personal Hearings
13.3 Appeal hearings are legal proceedings. The Hearing Centre, which includes the
waiting area, is Tribunal premises.
13.4 Representatives have a positive duty to support the independence of the
Tribunal and to ensure that the public perception of that independence is not
endangered by them. Representatives must be objective and fair. They must
not let their personal views of the ethnic or national origin, sex, religious beliefs,
political views or sexual preference of any party influence their conduct, attitude
or demeanour whilst in the Hearing Centre.
13.5 Whilst in the Hearing Centre, representatives must at all times conduct
themselves in a manner appropriate for Tribunal premises. They must behave
in a temperate manner. Aggressive, intimidatory, noisy or any form of disruptive
behaviour is unacceptable. They should dress in a manner appropriate for
appearance before a Tribunal.
13.6 Representatives should be aware that they have no special status at the
Hearing Centre and must ensure that the contrary impression is not given.
They should not seek or expect preferential treatment. They should not seek to
use PATAS facilities such as the telephone or fax. They should not engage in
over-familiar conversation or banter with the Hearing Centre staff or
Adjudicators. It is never appropriate for them to suggest familiarity with, or even
refer to, another Adjudicator or an officer of PATAS in such a manner as may
give an impression of such familiarity. First names should never be used.
13.7 They should not schedule meetings with London Councils or their contractors
on any occasion when they are attending the Hearing Centre as a
representative of the EA for personal hearings. They should never seek to go
beyond the public areas at the Hearing Centre.
13.8 Whilst waiting at the Hearing Centre it is not appropriate for a representative to
make an uninvited approach to an Appellant in the waiting area and attempt to
engage them in conversation about the case – save where the EA wishes to
propose settlement of the appeal or has decided not to contest the appeal.
Adjudicators are likely to regard as particularly serious any complaint by an
Appellant in this regard.
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December 2008
14 PROCEDURE AT A HEARING
Paragraph 10 of the Schedule, Regulation 9 of the 1993 Regulations
14.1 Subject to the specific provisions of the regulations, the conduct of a hearing is
a matter for the Adjudicator. The overriding objective is to ensure a fair disposal
of the appeal.
14.2 At the beginning of a hearing the Adjudicator will explain the order of
proceedings which he proposes to adopt.
14.3 The regulations require the Adjudicator to avoid formality so far as appears to
the Adjudicator to be appropriate. However, hearings are not meetings. They
are legal proceedings conducted by and under the control of the Adjudicator,
whose directions must be followed and to whom all representations and
evidence should be addressed. Representatives must not engage in
conversation or debate with other parties directly.
14.4 The EA can only be represented by one person at a hearing. They should be
fully briefed about the factual and legal issues in the appeal and should present
the Authority’s case clearly and concisely. It is their duty to ensure that all
relevant matters are brought to the Adjudicator’s attention.
14.5 They may call witnesses, who may enter the hearing room as directed by the
Adjudicator. They may cross-examine the Appellant’s witnesses.
14.6 Any appearance by a representative of an attempt to demean, belittle, argue
with or otherwise intimidate any other party or witness will not be tolerated.
Intimidation may include repeated interruption of an Appellant or witness who is
attempting to put their case to the Adjudicator. Representatives should be
aware that the use of particular words or language or the volume or tone of
voice is capable of demeaning, belittling or intimidating another party. The use
of sexist, racist or offensive language or behaviour will not be tolerated.
14.7 Representatives must not:
 attempt to communicate with the Adjudicator in the absence of the
Appellant, whether in or out of the hearing room
 seek to enter, or remain in, the hearing room at any time when the other
parties are not also there
 by word, gesture or otherwise suggest that the facts or conduct of the case
will be discussed or considered between the EA on the one part and the
Adjudicator, another Adjudicator or an officer of the PATAS on the other, at
some later time in the absence of the Appellant.
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December 2008
15 ADJOURNMENT
Paragraph 15 of the Schedule, Regulation 14 of the 1993 Regulations
15.1 The Adjudicator may adjourn a hearing. As with scheduling appeals, the date
and time set for the resumed hearing is a matter for the Adjudicator; whilst the
Adjudicator will take into account the preferences of the parties, the parties are
not entitled to dictate the time and date of the resumed hearing.
15.2 Adjudicators commonly adjourn personal hearings for final determination as a
postal case. This is to avoid the parties unnecessarily attending the Hearing
Centre again. However, a party may request that they attend before the
Adjudicator again, either at the original hearing or subsequently at any time
before the case is decided, and the Adjudicator will consider it.
15.3 Seven days notice of an adjourned hearing must be given unless the parties
agree a shorter time.
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December 2008
16
DECISIONS ON APPEALS
Paragraphs 11, 15(1)(d) of the Schedule, Regulations 10, 14(1)(d) of the 1993
Regulations
16.1
The Adjudicator has the power to allow or refuse an appeal.
16.2
When allowing an appeal against an NTO, the Adjudicator may give such
directions as he may consider appropriate to give effect to his decision.
16.3
When allowing an appeal against a clamp or remove, the Adjudicator may
direct the refund of payments made for the release of the vehicle.
16.4
Where all parties agree in writing on the terms of a decision to be made by
the Adjudicator, the Adjudicator may decide accordingly.
16.5
The Adjudicator must always give reasons for his decision on an appeal.
16.6
Where there is a hearing, the Adjudicator will usually give his decision
immediately. He may, however, reserve his decision and give it later.
16.7
The decision is set out in a decision letter issued to the Appellant, either by
post or at the end of a personal hearing.
16.8
The EA is notified each day of appeal decisions, including the reasons for the
decision and any directions made, in the Notification of Outcomes report.
16.9
The directions of an Adjudicator must be complied with forthwith. This
includes the refund of sums directed to be refunded.
Recommendations
Regulation 7(4)-(9), 10(3)-(10), 13(5)-(10) of the Appeals Regulations
16.10 If the Adjudicator does not allow a TMA appeal but is satisfied that there are
compelling reasons why, in the particular circumstances of the case, he may
make a formal recommendation to the EA:
 In the case of a clamp or remove appeal, that the EA should refund some
or all of the sums paid for the release of the vehicle;
 in other cases, that the EA cancel the NTO. (In the single notice
enforcement procedure NTO means PCN).
16.11 The EA will be informed on the Notification of Outcomes report.
16.12 The EA must consider the recommendation and within 35 days of the date on
which the recommendation was made, must notify PATAS whether or not the
recommendation is accepted. Attention is drawn to the statement in
paragraph 104 of The Secretary of State’s Statutory Guidance to Local
Authorities on the Civil Enforcement of Parking Contraventions (14 December
2007) that such cases should be directed to the Office of the Chief Executive.
16.13 To inform the Adjudicator of their decision, the EA should use the
Recommendation Accepted or Recommendation Rejected form, which must
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December 2008
be filed no later than the 35-day deadline. The EA should complete the
following details on the form:







case reference number
Appellant’s surname and initials
VRM
date on which sent to the Appellant
that a copy of the letter sent to the Appellant has been attached
an authorising signature, with name printed
the date.
16.14 If the EA does not accept the recommendation it must give reasons for its
decision. For this purpose, PATAS has provided the Reasons for Rejecting
Recommendation Form, which should be annexed as page 2 to the
Recommendation NOT Accepted form.
16.15 The EA must also notify the Appellant under separate cover whether or not it
accepts the Adjudicator’s recommendation, and a copy of this letter should be
filed with the relevant form.
16.16 If the EA accepts the recommendation it must
 in a clamp/remove case, make the recommended refund
 in other cases, forthwith cancel the NTO (or in appropriate cases the PCN)
and refund any sums paid in respect of the penalty charge.
16.17 If the EA fails to notify the Appellant and the Adjudicator within 35 days, it is
taken to have accepted the recommendation and must give effect to it as in
paragraph 16.16.
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17 EA NO CONTESTS AND APPELLANT WITHDRAWALS
Paragraph 15 of the Schedule, regulation 14 of the 1993 Regulations
17.1 At any stage
 the EA may notify PATAS that it consents to an appeal being allowed; the
Adjudicator may then allow the appeal
 the Appellant may give notice to PATAS withdrawing the appeal; the
Adjudicator may then refuse the appeal.
17.2 Acceptance of an EA no contest or withdrawal is, however, at the discretion of
the Adjudicator. In some circumstances the Adjudicator may decide it
appropriate to proceed with full consideration of the appeal.
EA No Contests
17.3 The EA should make a decision as early as possible as to whether or not it
wishes to contest an appeal.
17.4 If the EA decides that it does not wish to contest an appeal, it should normally
file a Do Not Contest form with PATAS, inserting all of the following
information:





case reference number
Appellant’s surname and initials
whether the appeal is postal or personal
VRM
date, name and signature.
17.5 The absence of any of the above information will cause PATAS unnecessary
work in clarifying the intention of the EA, and will inevitably delay the
Adjudicator’s consideration of the DNC, and the notification of the outcome to
the parties.
17.6 The filing of the DNC form communicates an intention on the part of the EA not
to contest all PCNs subject to the appeal. For this reason, where an appeal
consists of two or more PCNs, and the EA wishes to continue to contest one or
more PCN but not all, the DNC form cannot be used. In such a case a Request
Form should be used.
17.7 The DNC form must not be used in relation to applications for review or costs:
see Paragraphs 18.7 and 19.8.
Transfer of liability
17.8 The DNC form must not be used if the EA wants to transfer liability to another
party. The EA should complete a Request Form and if appropriate it should ask
for the Notice to Owner to be cancelled but not the PCN.
Notifying the Appellant
17.9 The EA must also notify the Appellant by letter of its intention not to contest the
appeal, and whether it has cancelled the PCN and/or NTO, and (where
appropriate) that any refund will be made forthwith. The EA may wish to explain
to the Appellant the reasons for the decision, as ordinarily (save where a costs
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December 2008
application is listed for consideration) the Adjudicator will not enquire into the
EA’s reasons for its decision not to contest an appeal.
17.10 In respect of appeals listed for personal hearing, the DNC or Request Form
must be received by PATAS as soon as possible and ideally no later than 5
working days before the hearing. Where this cannot be done, the EA should
nevertheless ensure that the Appellant is notified of its decision in order to
prevent the Appellant unnecessary expense and attendance at the hearing.
17.11 Where an EA No Contest is accepted, PATAS will notify the Appellant by letter.
Where the hearing date is within 5 days of receipt, PATAS will attempt to
contact the Appellant by telephone or email as well as by letter. However, this
does not relieve the EA of the responsibility to notify the Appellant of its
decision not to contest the appeal.
Appellant withdrawals
17.12 If the Adjudicator accepts the Appellant’s notice of withdrawal, both parties are
notified and the appeal will be refused.
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December 2008
18
REVIEW OF ADJUDICATOR’S DECISION
Paragraph 12 of the Schedule, regulation 11 of the 1993 Regulations
18.1 The Adjudicator may, on the application of a party, review:
 any interlocutory decision including any decision that a TMA NOA does not
accord with paragraph 2 of the Schedule (inconsistent, incomplete or out of
time)
 any decision to allow or refuse an appeal, or
 any decision as to costs.
18.2 An application must be made within 14 days of service of the Adjudicator’s
decision and must state the grounds in full. The EA should use a Request
Form. If the EA wants a personal hearing, this must be expressly requested.
18.3 The application can be made on one or more of the following grounds:
(a) the decision was wrongly made as the result of an administrative error
(b) a party who failed to appear or be represented at a hearing had good and
sufficient reason for his failure to appear
(c) where the decision was made after a hearing, new evidence has become
available since the conclusion of the hearing the existence of which could not
reasonably have been known of or foreseen
(d) where the decision was made without a hearing, new evidence has become
available since the decision was made, the existence of which could not
reasonably have been known of or foreseen
(e) the interests of justice require such a review
(f) the Adjudicator was wrong to reject the Notice of Appeal (TMA appeals only).
18.4 The principles that the Adjudicator will apply to an application are set out in the
case of Ross v London Borough of Enfield (PATAS Case No.1950094429).
18.5 The Adjudicator has the power to revoke or vary the original decision, and in
respect of a TMA appeal to confirm the decision.
18.6 If, having reviewed a decision, the Adjudicator directs that it be revoked, he
shall substitute a new decision or order a re-determination by himself, the
original or a different Adjudicator.
18.7 If the EA does not wish to contest an application for review made by an
Appellant, it should file a letter to that effect. A Do Not Contest form must not
be used.
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December 2008
19 COSTS
Paragraph 13 of the Schedule, Regulation 12 of the 1993 Regulations
19.1 Costs are not normally awarded. However, the Adjudicator may make an order
awarding costs and expenses against a party (including an EA that has filed a
DNC form) if he is of the opinion that that party has acted frivolously,
vexatiously or wholly unreasonably, or against an EA where he considers that
the disputed decision (to reject the Appellant’s representations) was wholly
unreasonable.
19.2 If the EA wishes to make an application, this should be done by completing a
Request Form, and submitting relevant documentation along with an itemised
schedule of costs.
19.3 Where either party makes an application for costs, the Adjudicator will consider
the application to see whether there is an arguable case.
19.4 In the event that the Adjudicator decides that there is an arguable case, the
Adjudicator will schedule the application as a postal case unless a personal
hearing has been requested. The other party will be given the opportunity to
make representations as to why an order should not be made.
19.5 The EA will be notified of the scheduling of the application by letter.
19.6 Where an Appellant has made an application but has failed to supply sufficient
details either of the sum claimed or the basis on which the application is made,
the Adjudicator may send a request for further details to be supplied by the
Appellant.
19.7 Where a costs application is scheduled in a case where no EA evidence was
filed for the purpose of considering the appeal against the PCN, the EA will be
directed to file copies of all the evidence in the case.
19.8 The EA should comply with the directions made. The Adjudicator is entitled to
draw any proper inference against a party who fails respond to an invitation to
make representations, when invited to do so.
19.9 If the EA does not wish to contest an application for costs made by an
Appellant, it should file a letter to that effect. A Do Not Contest form must not
be used.
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December 2008
20 WITNESS STATEMENTS/STATUTORY DECLARATIONS
Paragraphs 19 and 20 of the Schedule, Regulations 18 and 19 of the 1993
Regulations
20.1 The essential purpose of the witness statement/statutory declaration procedure
is to provide a remedy for the vehicle owner where there has been a
breakdown in communications in the course of the enforcement process
resulting in one party or the other failing to receive a communication and
consequently enforcement has proceeded to registration at the Traffic
Enforcement Centre (TEC) at the Northampton County Court.
20.2 The legislation prescribes a number of circumstances in which the vehicle
owner may file a witness statement/statutory declaration with TEC. The Court
will make an order that
 the court order for recovery is deemed to be revoked
 the charge certificate is deemed to have been cancelled; and
 where the statement/declaration was on the ground (Ground 1) that the
owner had not received the NTO, that the NTO is deemed to have been
cancelled.
20.3 The Court will serve the order on the EA. The EA should then consider in every
case whether it wishes to continue to pursue the penalty.
20.4 If it does, in all cases except Ground 1 cases, it must suspend enforcement of
the penalty and refer the case to the Adjudicator.
20.5 The EA should comply with the statutory duty to refer the case promptly.
Failure to do so may result in the Adjudicator finding that delay in doing so
debars the EA from enforcing the penalty and directing cancellation of the PCN
and/or NTO.
20.6 Ground 1 cases should not be referred to the Adjudicator, who has no power to
consider such cases. In such cases, if the EA wishes to pursue the penalty, it
may serve a new NTO. If such a case is referred to PATAS, the documents will
be returned to the EA.
How to Make a Reference
20.7 Complete the Witness Statement/Statutory Declaration Referral Form &
Evidence Checklist, with:







the case reference number
the PCN number
the name of the person/company allegedly liable for the PCN
the address of the witness
the type of PCN
the VRM
the types of evidence sent
20.8 The confirmation of the date copies of the evidence were sent to the declarant
must be completed and signed.
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December 2008
20.9 Send the form to PATAS, with the following:




a copy of the court order
a complete copy of the witness statement/statutory declaration
a copy of any exhibit or document filed by the maker of the statement
all of the evidence that the EA would usually file in an appeal. However, this
need not be sent where the statement/declaration relates to a PCN where
there is an existing case at PATAS and the evidence has been filed
previously. In such cases, the Case Summary should refer to the previous
case and its case reference number.
 a copy of the letter, if any, under cover of which the evidence has been sent
to the declarant. This should be included under Section E.
20.10 The EA should be extremely cautious of entering into any correspondence with
the maker of the statement/declaration before referring the papers to PATAS.
The Adjudicators take a particularly serious view of any correspondence that
might be seen as misleading the owner as to their rights and/or pressuring
them into paying the penalty. There would be no objection, however, to
correspondence that did not mislead the owner as to their rights and which
constituted a reasonable attempt at settlement, perhaps by re-offering the
reduced penalty. Entering into such correspondence should not, however, be
allowed to delay significantly the reference to the Adjudicator. The EA might, of
course, enter into correspondence aimed at settlement after making the
reference.
20.11 On reference, the Adjudicator may give such directions as he considers
appropriate and the parties must comply with those directions. In particular, if it
appears to the Adjudicator that no appeal has been made by the relevant
person in relation to the subject matter of the case then the Adjudicator may
direct that the case proceed as an appeal. If, however, it appears that an
appeal has already been made by the relevant person and the case has been
refused, then he may direct that the case proceed as an application for review.
20.12 In exercising these powers, in the first instance the Adjudicator will review the
case, and may seek clarification from either party. It is therefore vital that it is
clear from the EA’s Case Summary and evidence what penalty is outstanding,
when a Notice to Owner was issued, if and when representations were
received and if and when a Notice of Rejection was issued.
20.13 Where the Adjudicator direct that the case proceed as an appeal or application
for review, the case will appear on the In Time Appeals report. Where the
Adjudicator makes another direction, the case will appear on the Witness
Statements/Statutory Declarations Directions report, with a copy of the
directions letter annexed.
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December 2008
21 MISCELLANEOUS POWERS
Extending Time Limits
Paragraph 15 of the Schedule, regulation 14 of the 1993 Regulations
21.1 The Adjudicator may extend any of the time limits set out in the regulations.
21.2 If an EA wishes to apply for a time limit to be extended then it should always
explain its reasons.
Clerical Errors
Paragraph 16 of the Schedule, regulation 15 of the 1993 Regulations
21.3 Clerical mistakes or errors arising from an accidental slip or omission in an
Adjudicator's direction or decision may be corrected on the direction of an
Adjudicator.
21.4 If an EA notices such an error it should draw it to the attention of PATAS by the
use of a Request Form.
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December 2008
22 THE STATUTORY REGISTER
Paragraph 21 of the Schedule, regulation 20 of the 1993 Regulations
22.1 The proper officer is required to establish and maintain a register for the
purpose of recording particulars of proceedings.
22.2 The register is kept electronically and can be inspected free of charge at the
Hearing Centre during opening hours.
Daily Lists
22.3 A list of personal hearings due to be considered in the forthcoming week, is
available for inspection on the PATAS website. It contains a warning that the
dates may change on an application by either party.
When postal cases will be considered
22.4 Appellants often mistakenly assume that their postal case will be considered on
the first date that it comes into the list, rather than that it will be considered by
an Adjudicator at any time after that date. Our website therefore contains
information about when currently it is estimated that postal cases will first come
before an Adjudicator.
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December 2008
23 MISCELLANEOUS MATTERS
Method of Communication and Address
23.1 Contact details can be found in Appendix 1.
23.2 Correspondence should remain formal and first names should never be used.
23.3 Neither correspondence (whether in the form of e-mails or letters) nor
applications on cases should be addressed to individual members of staff or to
the Chief Parking and Traffic Adjudicator, other than a complaint about the
personal conduct of an Adjudicator, in which case it should be addressed to the
Chief Parking and Traffic Adjudicator.
23.4 All correspondence, including evidence, should be sent to the Processing
Centre, except where using the Late Evidence procedure.
Date Stamping
23.5 All documents received by PATAS will be date stamped with the date of
receipt.
Daily Reports
23.6 The purpose of daily reports is to communicate to the EA any action taken in
respect of any particular appeal. A full set of reports will be sent to each EA
each day - even when there is no data inserted into a report.
23.7 Appendix 2 contains an overview of the reports, including samples.
23.8 The onus is on the EA to check the reports, and to immediately take action if
they are missing. In the event of non-receipt of a daily report, either in whole or
in part, the EA should immediately send to PATAS an e-mail indicating what is
missing. PATAS will re-print the report and add it to the next day’s daily report.
All such requests made are logged on receipt, and these requests will be kept
for a year.
Use of Forms
23.9 The EA should use the standard forms supplied on disc by PATAS. No
amendments can be made to the standard forms without prior authorisation.
When reproducing the forms and checklist, the EA should take copies from an
original provided by PATAS, rather than second generation copies, which can
be of poor scanning quality. The page counts should be accurate, and the bar
code should be clearly displayed. Headed paper should not be used.
23.10 Appendix 3 contains an explanation of the forms (samples can be found in
Appendix 4).
23.11 For any application or communication not already covered by the Manual, the
EA should complete a Request Form.
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December 2008
Complaints
23.12 Complaints about the personal conduct of an Adjudicator should be addressed
to the Chief Parking and Traffic Adjudicator. It should be understood that he
cannot deal with complaints about judicial decisions, which must be pursued
through the judicial process. Further information is available in the Protocol for
dealing with complaints against Parking Adjudicators, which is available on our
website.
23.13 Complaints relating to administrative matters should be addressed to the Head
of PATAS.
[Back to top]
APPENDIX 1
Hearing Centre
Angel Square
Upper Ground Floor
Block 2
London
EC1V 1NY
Processing Centre
The Head of the Parking and Traffic Appeals Service
P.O. Box 279
Chertsey
Surrey
KT16 6BU
Telephone:
Minicom:
Fax:
020 7747 4700
020 7747 4758
0844 736 9503
Please note that all telephone calls are recorded.
E-mail: patas.team@patas.gov.uk
This email address is for general enquiries only. It may not be used for sending
correspondence relating to specific cases. Please also note that we are unable to
accept attachments with e-mails to this address.
The PATAS website is at www.parkingandtrafficappeals.gov.uk.
[Back to top]
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December 2008
[Back to top]
APPENDIX 2
OVERVIEW OF ENFORCEMENT AUTHORITY (EA) REPORTS
1. INTRODUCTION
This document provides an overview of the reports that are generated each night to
be sent to the EA. The EAs should receive a report daily regardless of whether there
are any cases actioned that affect them. If there are no relevant cases the EAs will
receive no data reports.
Should an EA find they are missing a report or parts of the report, they should send
an e-mail to patas.team@patas.gov.uk to request another copy.
2. BATCH HEADER
This lists the sections that have been generated in that night’s batch.
3. COVER SHEET
Name and address details of who the report needs to be sent to.
4. NOTIFICATION: IN TIME APPEALS
The ‘In-time appeals’ report lists all cases received in time (i.e. within 35 days of the
EA’s Notice of Rejection date) initiated each day by the PATAS for each EA. It
includes the date by which evidence should be submitted for each case.
4.1. Report output





Case reference number
PCN(s)
Appellant
Scheduled date – date of hearing for personal cases or date on which the
case becomes eligible for adjudication for postal cases
Case type – this consists of: Personal/Postal; Statutory Declaration/Review Case
Page 41
December 2008

Last date for inclusion of evidence – this is a number of working days (3 days)
before the scheduled hearing date.
4.2 enclosures
Copy of Notice of Appeal and other evidence supplied by the Appellant. Each copy of
overprinted with “Evidence for Case: xxxxxxxxxx”.
5. NOTIFICATION: OUT OF TIME APPEALS ACCEPTED FOR PROCESSING
The Out of Time Appeals Accepted report lists all cases received ‘Out of Time’ (i.e.
more than 35 days after the EA Notice of Rejection date) and accepted for
processing each day by the PATAS for each EA. It includes the date by which
evidence should be submitted for each case.
[Back to top]
[Back to top of Appendix 2]
5.1 Report output






Case reference number
PCN(s)
Appellant
Scheduled date – date of hearing for personal cases or date on which the case
becomes eligible for adjudication for postal cases
Case type – this consists of: Personal/Postal; Statutory Declaration/Review Case
Last date for inclusion of evidence – this is a number of working days (3 days)
before the scheduled hearing date
5.2 Enclosures
Copy of Notice of Appeal and other evidence supplied by the Appellant. Each copy of
overprinted with “Evidence for Case: xxxxxxxxxx”.
6. NOTIFICATION: OUT OF TIME APPEALS REJECTED
The Out of Time Appeals Rejected report lists all cases received ‘Out of Time’ (i.e.
more than 35 days after the EA Notice of Rejection date) which are rejected by the
PATAS for each EA, on a specified day.
6.1 Report output



Case Reference number
PCN(s)
Appellant
6.2 Enclosures
None
7. NOTIFICATION: INCOMPLETE CASES RECEIVED
The incomplete Cases Report lists all cases received on a specified date for which
the Notice of Appeal is incomplete. This report informs the enforcement authorities
that an appeal is being processed, but that further information i required from the
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December 2008
appellant before the adjudication can be scheduled. Any incomplete cases for which
the relevant EA is unknown will not be reported at this stage.
7.1 Report output






Case reference number
PCN(s)
Appellant
Date NoA received by the PATAS
Date by which the appellant must supply the missing information.
Information missing – either signature or PCN number.
7.2 Enclosures
None
[Back to top]
8. NOTIFICATION: EVIDENCE RECEIVED
[Back to top]
[Back to top of Appendix 2]
The Evidence Received report lists all the evidence received by the appellant on a
specified day, in addition to any non-standard correspondence generated by the
PATAS for a case. This report excludes any items that are included with the NoA on
the Out of Time Appeals Accepted and In Time Appeals reports. Post adjudication
documents are not listed.
8.1 Report output





Case reference number
PCN(s)
Document type
Date received (Date processed from evidence)
Number of images
8.2 Enclosures
Copies of each document listed are included with the report. Each copy is
overprinted with “Evidence for Case: xxxxxxxxxx”.
9. NOTIFICATION: RE-SUPPLY OF EVIDENCE
The Re-supply of Evidence report lists evidence received from the EA that needs to
be resubmitted due to the document being illegible of having pages missing.
9.1 Report output







Case reference number
PCN(s)
Document type (and PCN number if specified for each item of evidence)
Poor copy reason
Date received (Date processed from evidence)
Pages (number of images)
Quote this ref (the document reference)
9.2 Enclosures
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December 2008
None
10. NOTIFICATION: RE-SCHEDULED CASES
The Rescheduled Cases report lists cases which have been rescheduled on the
specified date. This may have been at the request of the appellant or the PATAS.
10.1 Report output:








EA name
Case reference number
PCN(s)
Appellant
Previous schedule date
New schedule date
Case type – this consists of: Personal/Postal; Statutory Declaration/Review
Case/Costs application
Highlight – displayed when a case is rescheduled to an earlier date or the
hearing type changes
10.2 Enclosures
None
11. NOTIFICATION OF ADJOURNMENTS
The Notification of cases adjourned report lists all cases adjourned on the specified
date.
11.1 Report output







Case reference number
PCN(s)
New scheduled date – only detailed if the case has been rescheduled –
otherwise blank
Case type – this consists of: Personal/Postal; Statutory Declaration/Review
Case/Cost Application
Action to be completed by (2 days before the hearing)
Grounds of Appeal – an extra detail line for Adjournment only – suppressed if no
grounds exist.
Adjournment notes – This will either be an action raised on the EA by the
adjudicator at the time or an informative note to the EA where an action has been
placed on the appellant.
11.2 Enclosures
None
12. NOTIFICATION OF OUTCOMES
The Notification of Outcomes report shows a summary of the decisions made on
cases on the specified day. Attached to the report is a copy of the decision letter sent
to the appellant or the letter sent to the appellant in the case of a withdrawal.
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December 2008
12.1 Report output






Case reference number
PCN
Appellant
Case type – this consists of Personal/postal; Statutory Declaration/review
Case/Cost Application
Outcome
Direction (for allowed cases)
12.2 Enclosures
For each appeal where a decision has been made there will be a decision letter or in
the case of a withdrawal by the appellant a withdrawal letter will be produced by
PAS. Copies of these are attached to the report. They are overprinted to identify that
they belong with the report.
13. WITNESS STATEMENTS/STATUTORY DECLARATIONS DIRECTIONS
The Witness Statements/Statutory Declaration Directions report shows a summary of
the directions made on cases on the specified day. Attached to the report is a copy of
the direction letter sent to the appellant.
13.1 Report output



Case reference number
PCN
Appellant
Direction
13.2 Enclosures
For each appeal where a direction has been made there will be a direction letter and
copies of these are attached to the report. They are overprinted to identify that they
belong with the report.
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December 2008
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
PARKING APPEALS
Name
Address
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December 2008
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
[Back to top]
Monday, 3 November 2008
Notification: In-time Appeals
PARKING APPEALS
Case Ref
PCN
Appellant
Scheduled
Date
Case Type
Evidence
Due
No Data
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December 2008
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification: Re-scheduled Cases
Case Ref
PCN
Appellant
Previous
Scheduled Date
New
Scheduled
Date
No Data
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December 2008
Case Type
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification: Re-supply of Evidence
PARKING APPEALS
Case Ref
PCN
Document Type
Reason
Date Received
No Data
Page 49
December 2008
Pages
Quote This
Ref
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification of Outcomes
PARKING APPEALS
Case Ref
PCN
Appellant
Case Type
Outcome
No Data
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December 2008
Direction
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification: Out of Time Appeals Rejected
PARKING APPEALS
Case Ref
PCN
Appellant
No Data
Page 51
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PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification: Out of Time Appeals Accepted for Processing
PARKING APPEALS
Case Ref
PCN
Appellant
Scheduled
Date
No Data
Page 52
Case
Type
Evidence
Due
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PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification: Incomplete Cases Received
PARKING APPEALS
Case Ref
PCN
Appellant
Date NOA Received
No Data
Page 53
Last Date For Missing
Information
Information Missing
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification: Evidence Received
PARKING APPEALS
Case Ref
PCN
Document Type
Date
Received
No Data
Page 54
Number
Of
Images
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Notification of Adjournments
PARKING APPEALS
Case Ref
PCN
New Scheduled
Date
Case Type
Action To Be Completed
By
Adjournment Notes
No Data
Page 55
Grounds Of Appeals
[Back to top]
PARKING AND TRAFFIC APPEALS SERVICE
SUMMARY LOCAL AUTHORITY REPORT
Transport for London
Monday, 3 November 2008
Statutory Declarations & Witness Statement Directions
PARKING APPEALS
Case Ref
PCN
Declarant
Direction
No Data
Page 56
[Back to top]
APPENDIX 3
Forms and their purpose
1.
Evidence Checklist
1.1
The Evidence Checklist Form should be completed so that it clearly enables
the Adjudicator, the administrative staff, and the Appellant to establish exactly
which items of evidence have been submitted in every case.
1.2
The following information contained on the Form, should be completed:










case reference number
the Appellant’s surname and initials
VRM
scheduled hearing date
hearing type, by deleting the inapplicable type
confirmation of the accuracy of the VRM, PCN(s), and that the Appellant
is the person to whom the NTO/Enforcement Notice was sent
tick each section enclosed
the “total number of forms” box
the date that the evidence was sent to the Appellant
and a signature confirming that that the copies have been sent to the
Appellant in accordance with the Adjudicators’ requirements.
2.
Evidence Form and Evidence Form C
2.1.
In collating evidence for an appeal, the EA should use the Evidence Forms
provided by PATAS for each category of evidence, insert the case reference
number and identify each type of evidence submitted. The number of pages
should be inserted so that PATAS can ensure that all pages have been
received. The “notes for the Adjudicator” box on the Evidence Form should be
used to bring any specific matter to the attention of the Adjudicator who hears
the appeal, and to explain any abbreviations used.
2.2.
It should be noted that a separate Evidence Form C is provided for evidence
category C and that the penalty amount applicable should be entered on it. A
single form is provided for the other categories, B and D to J.
2.3.
Where the appeal concerns more than one PCN, a fresh Evidence Form C
should be filed for each PCN; the earliest PCN should appear uppermost and
the rest in chronological sequence.
2.4.
When reproducing the Evidence Forms and Checklist, the EA should take
copies from an original provided by PATAS, rather than second generation
copies, which may be of poor scanning quality. No amendment may be made
by an EA without the prior approval of PATAS.
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Page 57
3.
Unscannable Evidence Form
3.1.
A new form has been introduced for completion by the EA when submitting a
DVD/CD/video. It must be attached to the front of the A4 envelope in which
this evidence is submitted.
3.2.
The following information contained on the Form, should be completed:





the case reference number
PCN number
appellant or company name
Item description e.g. Video DVD CD etc.
“Completed by” box.
4.
Reschedule Request
4.1
This Form is used to make a re-schedule request of a postal case where:
 the appeal has not previously been re-scheduled at the EA’s request
 the appeal has not already been considered by an Adjudicator and
adjourned
 the request is for 14 days only
 the application is received before the hearing date.
4.2
The following information should be inserted:




the case reference number
the Appellant’s surname and initials
the VRM
the rescheduled from and to dates
4.3
In such circumstances the Adjudicators have issued standing instructions to
the proper officer to grant one postal re-schedule request per appeal without
referring the matter to an Adjudicator.
4.4
In every other postal case where a re-schedule is sought, i.e. postal cases
requiring a re-schedule for more than 14 days, a Request Form should be
used.
5.
Request Form
Request Forms are used for two main purposes:
Incorrect information on the NOA
5.1
Upon receipt of a copy of the Notice of Appeal, the EA should verify that the
information contained therein is accurate, and in particular check that:




a Notice of Rejection has been sent
the appellant is the person to whom the Notice of Rejection was sent
that the PCN details are correct
the information in the EA box has not been altered in any way.
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5.2
Any discrepancy should immediately be drawn to the attention of the
Adjudicator by the filing of a Request Form, clearly specifying the discrepancy,
together with copies of any relevant documents. Where the Request Form is
accompanied by additional or supplementary sheets, these should be referred
to on the Request Form itself, and the total number of pages specified.
Case Handling Requests
5.3
These cover a range of different circumstances including:
 an application to re-schedule a personal hearing
 an application to re-schedule a postal case for more than 14 days or where
the appeal has already been re-scheduled at the EA’s request
 to request that appeals involving multiple PCNs are dealt with separately
 if the EA wishes to not contest one or more PCNs in a multiple PCN appeal
 if the EA wishes to transfer liability to another party
 to draw the Adjudicator’s attention to any clerical error in the decision
 to make an application for review
 to make an application for costs.
6.
Late Evidence Form
6.1
The EA must use the Late Evidence Form in any case in which the evidence
may not reach PATAS by the evidence due date and complete the following
information:






the case reference number
the Appellant’s name
the date of hearing
whether the hearing is postal or personal
the reason for late submission of evidence
whether the evidence has been served on the Appellant, and, if so, date
and method of service.
6.2
The evidence must be hand delivered to Hearing Centre Reception. The
envelope must be clearly marked “URGENT – LATE EVIDENCE”, together with
the Appellant’s name, hearing date, and case reference number.
7.
Adjournment Evidence Form
7.1
The Adjournment Evidence Form is used when an appeal has been adjourned
for further representations or evidence to be filed by the EA. The further
representations and/or evidence should be attached to the Form, and the
following information inserted:





the case reference number
the Appellant’s surname and initials
the VRM
any relevant comments
the total number of sheets
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 signature to confirm that the evidence has been sent to the Appellant, and
the date of sending.
8.
8.1
Do Not Contest Form
If the EA decide that they do not wish to contest an appeal, they should
normally file a Do Not Contest Form with PATAS as soon as possible, inserting
all of the following information:





case reference number
Appellant’s surname and initials
whether the appeal is postal or personal
VRM
date, name and signature.
8.2
The absence of any of the above information will cause PATAS unnecessary
work in clarifying the intention of the EA, and will inevitably delay the
Adjudicator’s consideration of the DNC, and the notification of the outcome to
the parties.
8.3
The filing of the DNC Form communicates an intention on the part of the EA
not to contest all PCNs subject to the appeal. For this reason, where an appeal
consists of two or more PCNs, and the EA wishes to continue to contest one or
more PCN but not all, the DNC Form cannot be used. In such a case a
Request Form should be used. The DNC Form must not be used in relation to
applications for review or costs.
9.
Recommendation Accepted
Recommendation NOT Accepted and Reasons for Rejecting
Recommendations
9.1
In a TMA appeal if an Adjudicator makes a formal recommendation to the EA
under Regulation 7(4) of the Appeals Regulations, the EA will be informed on
the Notification of Outcomes Report.
9.2
The EA must consider the recommendation and, within 35 days of the date on
which the recommendation was made, must notify PATAS whether or not the
recommendation is accepted. To do so, the EA should use either the
Recommendation Accepted or the Recommendation NOT Accepted Form,
which must be filed no later than the 35-day deadline. The EA should complete
the following details on the Forms:







9.3
case reference number
Appellant’s surname and initials
VRM
date on which sent to the Appellant
that a copy of the letter sent to the appellant has been attached
an authorising signature, with name printed
the date.
If the EA does not accept the recommendation it must give reasons for its
decision, and PATAS has provided the Reasons for Rejecting
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Recommendations Form for this purpose, which should be annexed as page 2
to the Recommendation NOT Accepted Form.
9.4
The EA must also notify the Appellant under separate cover whether or not it
accepts the Adjudicator’s recommendation and a copy of this letter should be
filed with the relevant form.
10.
Witness statement/Statutory declaration Referral Form & Evidence
Checklist
10.1 When a witness statement/statutory declaration has been filed with
Northampton County Court, and an order made by the Court, then save where
made on ground 1, the EA shall:
 receive the order made and statement/declaration
 without delay cancel the charge certificate and cease enforcement of the
debt
 file the following at PATAS, along with the Witness Statement/Statutory
Declaration Referral Form & Evidence Checklist:
o a copy of the Order
o a complete copy of the witness statement/statutory declaration
o a copy of any exhibit or document filed by the maker of the statement
o a Case Summary
o a copy of the PCN
o a copy of all representations made and correspondence with the
appellant
o all of the evidence which the EA would usually file in an appeal (save
where previously filed in respect of an appeal or previous statutory
declaration, in which case the Case Summary should refer to the
previous appeal and its case reference number).
10.2 The EA should complete the Witness Statement/Statutory Declaration Referral
Form & Evidence Checklist, with:








the case reference number
the PCN number
the name of the person/company allegedly liable for the PCN
the address of the witness
the type of PCN
the VRM
the types of evidence sent
confirmation that copies of the evidence have been sent to the witness, the
date sent and signature.
11. Letter of Appeal Details
11.1 This form is completed by PATAS to facilitate registering an appeal where the
Appellant gives notice of appeal by letter rather than using the promulgated
Notice of Appeal form.
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APPENDIX 4
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EVIDENCE CHECKLIST
London Borough of XXX
Case Reference No:
Appellant Surname ___________________________Initials__________
VRM:
Scheduled Hearing Date: __ __ / __ __ / __ __ Hearing Type: POSTAL/PERSONAL
(Please delete as appropriate)
We have confirmed the following information with the details held on
record:
Please
tick
1. Vehicle Registration Mark
2. Penalty Charge Notice(s)
3. The Appellant is the person to whom the NtO/Enforcement Notice
was sent
We have enclosed the following types of evidence:
Please
tick
A. Evidence Checklist
B. Case Summary and Traffic Management Order
C. Penalty Charge Notice(s) and PA’s/CEO’s notes
Statements by Witnesses & Photographs
Certified copy Penalty Charge Notice
D. Registered Keeper Details and Notice to Owner/Enforcement
Notice
E. Correspondence, Representations and Notice of Rejection (include
covering letter sent with the evidence to the appellant)
F. Clamp/Removal Payment details
G. Meter/Pay and Display Maintenance Record
H. Map/Site Report
I. Payment Details (PCN Appeals Only)
J. Additional/Unscannable Evidence

TOTAL NUMBER OF FORMS (INCLUDE THIS ONE)
I confirm that Appellant has been
sent copies of all evidence in
accordance with the Adjudicators’
requirements.
Date Sent to
Appellant:
Signature:
---------------------------
----------------------------------
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EVIDENCE FORM
London Borough of XXX
Case Reference No:
EVIDENCE TYPE
Please
tick
one
B. Case Summary & Traffic Management Order
D. Registered Keeper Details and Notice to
Owner/Enforcement Notice
E. Correspondence, Representations and Notice of Rejection
( include covering letter sent with the evidence to the
appellant)
F. Clamp/Removal Payment details
G. Meter/Pay and Display Maintenance Record
H. Map/Site Report
I. Payment Details (PCN Appeals Only)
Ji Additional Evidence
Jii Unscannable Evidence
Total
no. of
sheets *
DVD/Video
* INCLUDE THIS SHEET
NOTES FOR THE ADJUDICATOR:
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
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EVIDENCE FORM C
London Borough of XXX
Case Reference No:
EVIDENCE TYPE
Please
Tick
One
Total
No.
Of
Sheets*
C. Penalty Charge Notice(s) and PA’s/CEO’s notes
/Statements by Witnesses/Photographs
INCLUDE: Penalty Amount :
£
* INCLUDE THIS SHEET
NOTES FOR THE ADJUDICATOR:
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
Page 64
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UNSCANNABLE EVIDENCE FORM
London Borough of XXX
Case Reference
No.
PCN No.
Appellant Name
Or
Company Name
Full description of unscannable evidence: (please print clearly)
Completed by (please print
name)
PATAS OFFICE USE ONLY
Adjourned by
Decided by (Please print)
Date
Action
Adjourned by
Date
Date
Action
Updated details on unscannable Log by:
Page 65
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RESCHEDULE REQUEST
London Borough of
Case Reference No:
Appellant Surname_______________________Initials_______
VRM:
We Request that the above case be rescheduled
From: __ __ / __ __ / __ __
To: __ __ / __ __ / __ __
We confirm that this is a postal case which has not previously been rescheduled
and that our request is for not more than 14 days.
For any reschedule request that does not meet these criteria please use a Request Form.
Page 66
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Request Form
LONDON BOROUGH OF
Case Reference No:
Appellant Surname_______________________Initials_______
VRM:
Change of Information:
We have checked the information relating to the above case and the following
information differs from that held on our records. The correct details follow:
______________________________________________________________
Recipient of Notice of Rejection of Representations
PCN Number _____________________________________________________
VRM ____________________________________________________________
Case Handling Request
(please tick) 
TOTAL NUMBER OF SHEETS (INCLUDE THIS ONE)
Page 67
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LATE EVIDENCE FORM
London Borough of
We wish to submit late evidence as follows
Case No.
Appellant Name
Date of Hearing
Personal/Postal
Reason for late submission of evidence. Application for Adjudicator to consider
evidence at scheduled hearing or adjourn case.
Has evidence been served
on appellant?
Date of
Service
Method of
Service
To be completed by Hearing Centre staff
Date received at
NZH
Time received at
NZH
Page 68
Method of
Delivery
Signed
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ADJOURNMENT EVIDENCE FORM
London Borough of
Case Reference No:
Appellant Surname_______________________Initials_______
VRM:
Please note the following comments and/or find enclosed the evidence requested by the
parking adjudicator following the adjournment of the above case.
Comments:…………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
…………………………………………………………………
………
TOTAL NUMBER OF SHEETS (INCLUDE THIS ONE)
I confirm that Appellant has been
sent copies of all evidence in
accordance with the Adjudicators’
requirements.
Date Sent to
Appellant:
Signature:
---------------------------
----------------------------------
Page 69
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DO NOT CONTEST FORM
London Borough of
We do not wish to contest the following appeal:
Case Reference No:
Appellant Surname_______________________Initials_______
Personal
Postal
VRM:
We are aware that this will cancel all the Penalty Charge Notices for this appeal.
Authorising Signature
………………………………………..
Print Name
………………………………………….
Date
………………………………………….
Page 70
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Recommendation Accepted
London Borough of XXX
Case Reference No :
VRM :
PCN :
Appellant Surname / Company Name :
Date sent to Appellant: (DD/MM/YY)
/
/
The London Borough of XXX accepts the recommendation of the
Adjudicator
Signature: _____________________________
Print Name: _____________________________
Date: _____________________________
Page 71
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Recommendation NOT Accepted
London Borough of XXX
Case Reference No :
VRM :
PCN :
Appellant Surname / Company Name :
Date sent to Appellant: (DD/MM/YY)
/
/
The London Borough of XXX does not accept the recommendation of
the Adjudicator, for the reasons set out in the Reasons for Rejecting
Recommendations attached
Signature: _____________________________
Print Name: _____________________________
Date: _____________________________
Page 72
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REASONS FOR REJECTING RECOMMENDATIONS
London Borough of XXX
Case No
PCN
Appellant
Reasons
Signature……………………………………………
Print Name………………………………………….
Date…………………………………………………
Page 73
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Witness Statement/ Statutory Declaration
Referral Form
&
EVIDENCE CHECKLIST
London Borough of XXX
Case Reference No:
Penalty Charge No:
Declarant Surname/Company____________________Forename________ __ Title
Address (Must be taken from the Court Order –PE5b)
Type of PCN: Parking □ Bus Lane □ Moving Traffic □ Parking TMA □
VRM:
We have confirmed the following information with the details held on record:
Please
tick
1. Vehicle Registration Mark
2. Penalty Charge Notice(s)
3. The Declarant is the person to whom the NtO/Enforcement Notice was
sent
We have enclosed the following types of evidence:
Please
tick
A. Evidence Checklist
B. Case Summary and Traffic Management Order
C. Penalty Charge Notice(s) and PA’s/CEO’s notes/Statements by Witnesses/
Photographs
Certified copy Penalty Charge Notice

D. Registered Keeper Details and Notice to Owner/Enforcement Notice
E. Correspondence, Representations and Notice of Rejection (include
covering letter sent with the evidence to the appellant)
F. Clamp/Removal Payment details
G. Meter/Pay and Display Maintenance Record
H. Map/Site Report
I. Payment Details (PCN Appeals Only)
J. Additional Evidence (must include the following)
PE3 – Witness Statement/Statutory Declaration form
PE5b – Northampton County Court Order
TOTAL NUMBER OF FORMS (INCLUDE THIS ONE)
I confirm that Declarant has been
sent copies of all evidence in
accordance with the Adjudicators’
requirements.
Date Sent to
Declarant:
Signature:
---------------------------
----------------------------------
Page 74
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LETTER OF APPEAL DETAILS
RTA APPEAL TYPE – PCN BUS LANE MOVING CLAMP
TMA APPEAL TYPE – PCN TMA
CLAMP TMA
REMOVE
REMOVE TMA
ROAD USER CHARGING – LOW EMISSION
CONGESTION CHARGE
Surname
Forenames
Title
Company
Address line 1
Address line 2
Address line 3
Post Code
PCN Details
NOR DATE
VRM
IN-TIME: YES/NO
LETTER RECEIPT DATE
SIGNATURE: YES/NO
FORM COMPLETED BY:
Page 75
INCONSISENT: YES/NO