When a Notice of Appeal is received at the Tribunal our staff will make some basic checks and if everything is in order it will be registered as a formal appeal.
You may attend a personal hearing of your appeal or have it considered in your absence:
Getting ready for the hearing
- Make sure that you have sent any documents, photographs etc that you intend to rely on in your appeal to the Environment and Traffic Adjudicators;
- If you wish to submit in evidence photographs in electronic format or moving images, please do so on CD or DVD. Please note that we will retain it as we require a complete record of the evidence;
- In view of the significant security issues associated with their use, we cannot accept evidence on a USB flash drive;
- Please also note that, if you present evidence at a hearing that we cannot retain, such as on a mobile telephone, laptop or camcorder, the adjudicator may need to adjourn the hearing for you to provide the evidence in a suitable form;
- If you are intending to fax photographs or images to the tribunal the quality on receipt is likely to be poor. Please send clear copies to us by post. If you are attending a personal hearing, please bring the originals with you;
- If you have not already sent any documents, photographs etc. that you intend to rely on with your Notice of Appeal, please try to send them to arrive no later than six days before your hearing date, so that copies can be forwarded to the enforcement authority;
- You can send them later or bring them with you, but if you do the adjudicator may adjourn the hearing for them to be sent to the enforcement authority for comment;
- Please understand that it is for you to present your evidence to the adjudicator;
- It is the adjudicator's role to consider the evidence you and the enforcement authority present to him and to make a decision based on that evidence. It is not the adjudicator's function to obtain your evidence or to contact witnesses on your behalf;
- If you want the adjudicator to consider the evidence of a witness they should ideally attend the hearing to give evidence in person. You may also provide a statement from them. This will be essential if they do not attend the hearing;
- You should receive a copy of the enforcement authority's evidence to consider at least 3 days before the hearing;
- Remember to bring your appointment letter and all your paperwork with you;
- You may bring a friend or family member with you if you wish;
- The hearing centre is wheelchair accessible. If you require a signer or interpreter please contact us so that we can arrange one. You may, of course, bring a relative or friend to sign or interpret for you if you wish. The hearing rooms are fitted with hearing loops;
- If you have any concerns about your special requirements please contact us;
- Please remember that if you are driving into central London for your hearing you should check in advance whether you need to pay the congestion charge, low emission charge and/or ultra-low emission charge.
Coming to the hearing centre
- Information on how to travel to our hearing centre
- Arrive in good time. If you find you are going to be late or cannot make the appointed time please contact us by telephone as soon as possible. View contact details.
- Mobile phones must be turned off in hearing rooms. If you wish to make a call while at the hearing centre, please go out into the lobby.
- Your hearing will start as soon as possible. We aim to start within 15 minutes of the scheduled time, but please understand that because the length of hearings is unpredictable this may not always be possible.
- Please note that if you see someone apparently 'jumping the queue' and going into a hearing room before you, even though you arrived first, it may be that they are here for a different type of appeal. Road User Charging appeals are heard by different adjudicators at the hearing centre.
- Your appeal will be decided by an adjudicator, who is a lawyer.
- The adjudicator is independent of both parties to the appeal. Usually, the enforcement authority will not attend the hearing, but will have submitted evidence to contest the appeal.
- Please remember that it is a judicial hearing like a court, not a meeting. The adjudicator is similar to a judge.
- The adjudicator will introduce the hearing and explain the procedure.
- Tell the adjudicator if you have any special needs or if you have difficulties in understanding the proceedings for any reason.
- Please understand that people who behave in a disruptive manner may be asked to leave the hearing centre.
- You will not be asked to take an oath when giving evidence, but you must tell the truth. If you do not, you could be prosecuted.
- All the documents relating to your appeal will usually have been scanned into our computer system for viewing during the hearing.
- The adjudicator will not normally have considered the case or seen any of the documents before the hearing.
- If you have brought any witnesses with you, they may be asked to wait in the reception area until the adjudicator calls them in.
- The hearing will be recorded for record purposes. You may not record, film, video or photograph the hearing.
- Once the adjudicator has considered the evidence and your representations, they will usually then tell you the result of the appeal and prepare the written decision. You can either wait for the written decision or have it posted to you.
- On occasion, at the end of the hearing the adjudicator may tell you that they need time to consider the evidence or submissions before reaching a decision. We will then send you the decision once the adjudicator has made it. Once made, the adjudicator’s decision is binding on you and the authority.
- Sometimes the adjudicator may decide to adjourn the case to be concluded on another day; for example, for more evidence to be provided. You will be told when the next hearing will be and whether you are required to come to the hearing centre again on the next occasion.
If you are unable to attend your hearing
- If you are unable to attend your personal hearing for any reason please contact us by telephone as soon as possible. View contact details.
- To avoid any delay in considering your request, please do not e-mail or post it to us.
- Unless you have spoken to somebody or received written or e-mail confirmation that your hearing has been rescheduled, please do not assume that you will automatically be granted an adjournment.
- If you choose to have your appeal considered in your absence (a postal decision), you will be told when your appeal will fall into the adjudicators’ list and a date by which time you should submit any further evidence.
- Please note that the date on which your appeal is considered will depend on the number of other appeals awaiting consideration, and it may not be heard on the date that it falls into the adjudicators' list. As soon as a decision has been made it will be sent to you and will appear on the Register of appeals.
- Neither you nor the enforcement authority will be present or represented. The adjudicator will consider all the documentary evidence produced by both parties (you, the appellant and the enforcement authority, the respondent) and will then make a decision based on the evidence before them.
- If, when considering the evidence, the adjudicator needs either party to provide further details before making a decision, they may adjourn the appeal to a later date.
- A copy of the adjudicator's decision will then be sent to you.