Independent Adjudicator Appeals
Here are a few notes and comments from Caroline Sheppard, the chief adjudicator of the new Traffic Penalty Tribunal
- She said that motorists would be able to have their appeals heard by telephone instead of attending a hearing, in a move designed to encourage more drivers to challenge their tickets.
- Drivers receiving tickets by post will also not be expected to have kept evidence that they were legally parked, such as pay and display tickets or a shop receipt to show they were loading.
When balancing up the weight of evidence, the adjudicator will give due account to the fact that the motorist only heard of the penalty some time after the incident and therefore may not have had the opportunity to preserve the evidence. “Drivers’ own explanation of what happened will carry a lot of weight.”
- "Trials of telephone appeals had shown they were very popular with drivers, who could fit them in during lunch breaks or take part from home"
The driver dials in to a conference call that includes the adjudicator, a council parking official and any witnesses for the driver.
The tribunal will accept photographs and videos taken by drivers, who can also elect for appeals to be held in their home town if they want to appear in person. Ms Sheppard said: “If you get a ticket in Brighton but live in London, we can arrange for the hearing to take place in London.” An online appeals service will be launched later this year. Adjudicators gain extra powers from today to allow an appeal if the council has not followed the correct procedure and can also refer a case back to the council if it “has not taken proper account of compelling reasons”.
For more information about appealig against a PCN see Appeal against a PCN (the new parking ticket) posts.