This page is designed to help you understand when you may appeal to the adjudicator and what steps you need to take to do so.
When can I appeal?
You may only appeal to the adjudicator if:
- You have received a Penalty Charge Notice from an enforcement authority; and
- You have made formal representations to that authority challenging the Penalty Charge Notice; and
- You have received a Notice of Rejection from the authority.
If you have received a notice or letter and cannot identify what it is, please see understanding the enforcement process.
If you have not made formal representations to the authority, you will need to contact them directly: view a list of links to enforcement authority parking web pages
The appeals process stage by stage
Stage 1 – You have received a Notice of Rejection
The person to whom a Notice of Rejection has been issued has 28 days, beginning with the date of service of that notice, to:
- Pay the charge; or
- Appeal to the adjudicator.
A Notice of Appeal form should be sent by the enforcement authority with their Notice of Rejection. If this form is not enclosed, the authority should be contacted to obtain one.
If you miss the 28 time limit your appeal may still be registered by the adjudicator. When you submit your appeal you must include an explanation for the delay. The adjudicator will then decide whether the appeal should be registered
You can either appeal on line via www.londontribunals.org.uk using the verification code supplied by the enforcement authority with the Notice of Rejection or by filling in the appeal form and sending it by post to the address shown on the form.
- Help in preparing your appeal, see preparing your appeal
- Information on the legal grounds of appeal, see grounds of appeal
When submitting your appeal you will need to decide whether you wish to ask for a personal hearing or to have your appeal decide solely on the evidence and statements presented by each party
Stage 2 – What happens when your form is received by the Environment and Traffic Adjudicators?
When your Notice of Appeal form is received by the Environment and Traffic Adjudicators:
- Staff will check your form to make sure that everything is in order and if it is, register your appeal;
- If you have requested a personal hearing, we will send you a letter or email advising you of the date and time when your hearing will be heard; if you are making an appeal on-line, you will be able to select a hearing time and date for yourself
- If you have chosen to have a postal decision, we will send you a letter or email advising you of the date your appeal will come into the list to be decided. Please note that this does not mean that your postal appeal will necessarily be decided on that day. How soon it is decided will depend on the number of other postal appeals in the lists;
- The enforcement authority will also be notified of the appropriate date and will be asked to send their evidence. They will also send a copy of their evidence to you.
If your appeal is not in order, we will contact you.
If you have chosen to appeal on-line, you will normally receive these communications by e-mail unless you say you would rather receive them through the post.
Stage 3 - Your appeal is decided
If you have chosen a personal hearing this will take place at the hearing centre in central London - view our contact page for directions
The adjudicator will normally make a decision at the hearing and you will be able to take a written copy of it away with you. However, the decision can be posted to you if you wish.
In a postal appeal the adjudicator will make a decision based only on the evidence filed by both parties. The written decision will be sent to both parties.
As soon as a decision has been made it will be sent to you via the post and will appear immediately on the Register of appeals.
The decision will state:
- Whether the appeal is allowed or refused;
- The adjudicator's reasons for the decision;
- If the appeal has been allowed, any directions the adjudicator has made.
- If the appeal has been refused, any recommendation the adjudicator has made to the enforcement authority to reconsider as there are compelling reasons;
- If you are liable to pay any sum to the authority, payment details will also be included.
The adjudicator's decision is binding on both parties.
After the decision has been made
There is no automatic right of appeal against the adjudicator's decision. However, in limited circumstances a decision can be reviewed.
The grounds for review are:
- The decision was wrongly made because of an error by our administrative staff;
- You failed to appear or be represented at a hearing for some good reason;
- There is new evidence, the existence of which could not have been reasonably known of or foreseen before the decision; or
- The interests of justice require a review. You should note that an adjudicator's findings of fact are normally regarded as final and will only be overturned if they are plainly incompatible with the evidence that was before the adjudicator. The mere fact that you disagree with these findings is not a ground for review.
A review will only be granted if an adjudicator is satisfied that one or more of these applies. A review is NOT simply an opportunity for you to appeal again. You will not be granted a review just because you disagree with the adjudicator's decision.