How to appeal - rights and grounds

When you receive the notice

 

Firstly, don’t pay anything when you receive your notice. If you pay, you are simply admitting liability. Once you pay, it is too late to make an appeal

You can manage anything to do with your appeal at:

Make your appeal within 14 days if possible.

  

If you make representations to the Council (the first stage of the appeal process) within 14 days and it is unsuccessful, you will have more time to pay at 50% of the cost. So, it’s worth a try.

If you make a representation within 28 days you are still in time.  You would not get the reduction of 50% of the cost if you eventually had to pay, but it is still definitely worth appealing. By this stage,you have nothing to lose.

If you have already made representations or appealed but haven't used the arguments set out on this site, you will have a chance to add them in later; definitely if you go to the Adjudication stage. So don't worry, it's not too late and you can keep adding to your defence.

Your chances of being successful at the first stage are limited. The Councils tend to stick to their guns at this stage, often only to back down later.

If Hounslow or Ealing  Council reject your appeal, you can appeal to the Independent Adjudicator where the process is much fairer. You just have to get through that stage in order to get to the independent Adjudicator. That is probably your best chance of success.

Making your appeal

  • You can download one of the templates that we have written for you, and adapt as you wish   (recommended!).
       

  • Write your own appeal using some of ideas on our website and in the templates provided

If you feel that the process is too challenging, please contact us and we will be happy to help if we can. We will need your PCN number and Vehicle Registration number in order to view the images from the Council website.  Please use the contact form below.

Using a template

There is a template for each approach into Turnham Green Terrace, and templates for both daytime and night time approaches for Fishers Lane.

We encourage you to use one of these templates to make an appeal against your PCN, providing the facts fit your circumstances. Appeals have to be made on specific grounds, and the inadequacy of the signage is the obvious grounds for Turnham Green Terrace, with over 7000 people not having noticed it! 

The templates are in Microsoft Word DOCX format and include pictures where they reinforce the appeal.

Turnham Green Terrace

Turning Left into Turnham Green Terrace from Chiswick High Road

Turning Right into Turnham Green Terrace from Chiswick High Road

Turning into Turnham Green Terrace from The Avenue going South

Turning left into Turnham Green Terrace from Bath Road

Entering Turnham Green Road from Annandale Road (crossing over Chiswick High Road)

 

Fishers Lane

Turning right into Fishers Lane from South Parade (night time)

Turning right into Fishers Lane from South Parade (daytime)

Turning left into Fishers Lane from South Parade (night time)

Turning left into Fishers Lane from South Parade (daytime)

 

How to use the templates

You must base your letter on the “contravention did not occur....” argument as per our templates. You cannot claim that “it’s not fair” — Hounslow doesn’t do ‘fair’. You should be able to copy and paste your appeal from what we have provided. If you want to add additional arguments, please be careful what you write.

 

For example, you cannot say:

 

“the satnav took me there” - that won’t work. If the satnav took you through a no entry sign, you wouldn’t have an excuse and it is the same here, or

 

“the signs are too small” – because they’re not, or

We think your best argument is on the poor visibility of the legal signs, the lack of legal signs warning of the restriction, and the confusing nature of legal road markings that actually guide you down TGT.

 

We can’t guarantee that the appeal is perfect or will succeed, but it is our best effort and hopefully it will save time and stress for you to have a go at saving £65 / £130. And it costs nothing to make an appeal against a PCN! It also buys you time; you can always pay at the same rate later.

 

If your appeal is rejected, don’t worry, as you are no worse off. You then have two choices – contact us and we can provide additional arguments for you to use in a formal appeal (which ultimately is judged by an independent adjudicator) – or you can still choose to put £65 into Hounslow’s coffers.

Other reasons to appeal

Some people make the decision to appeal on principle if they can afford the extra £65 even if they are likely to lose the appeal. 

 

Every appeal costs the Council money – they have to pay for the adjudication process and  bear the burden of extra administration.  When people pay quickly and upfront it is an easy win for the Council.   So even if you end up paying the full amount after the appeal it makes the process very burdensome for the Council to enforce what is in effect an unfair Penalty.   People have to make their own decisions on this. 

 

Provided people follow the process they will not have to pay more than the full amount of the charge.  With the current pandemic situation, you can appeal over the phone – much easier than attending a live hearing.

​Next Steps

Send your appeal to Hounslow or Ealing online via the link at the top of this page and remember, it has to be within 28 days of the date of their notice (or whatever it says on the PCN).

Don't worry if yours is rejected, just keep going! If the council write back to you rejecting your appeal, you have the right to go to the Independent Adjudicator, where we believe you have a good chance of success.

The Independent Adjudicator

If your appeal is rejected, it is time to go to the Adjudicator. Another form to be filled in but all you need to do is add the same arguments as before and add in a few more reasons if you like. We can help with this.

Make sure you put your appeal in within 28 days of the Notice of Rejection. And don’t pay – if you do, you lose the case automatically.

You will then be contacted and a time will be arranged for you to meet the Adjudicator on a one-to-one basis (currently by telephone).

 

The Adjudicator is a lawyer and will generally be independent and fair. You can have a friend on the call with you – we occasionally act as ‘your friend’!. Make sure you are equipped with all your arguments and your evidence, photographs to show that:
 

The PCN was wrongly issued
 

The signage was totally unclear

If you hear in the meantime of any successful challenges, please tell us and use those successful challenges in your arguments. 

If you do go to the Independent Adjudicator, please contact us and we will be happy to work with you in this process.

If you win

If you win, you will deprive Hounslow or Ealing Council of revenue it shouldn’t be getting and you will be able to save other people from being unfairly penalised as you will be setting a precedent. If we get enough tickets cancelled, they may have to let everybody off.

And finally

Please do share your stories with us, both successes and failures.  

Did the Adjudicator agree with you or didn’t they? We once lost an appeal and were highly indignant, but the Adjudicator wrote to the Council to let us off anyway!

We want to share all the information we can so that everybody can work together. If our suggested defences aren’t working but there are other defences that are, we want to know!