Appeals

Parking charge appeals

If you feel that your PCN should not have been issued, then please write to us and let us know why.  We will respond to your letter within 14 days after we receive it.
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Challenging a parking charge

If you feel that your PCN should not have been issued, then please write to us and let us know why. We will respond to your letter within 14 days after we receive it.

If the charge remains outstanding even after 28 days, we will request the licensing details from the DVLA. Our legal department will write to the registered keeper and commence the formal collection process against the driver. Wherever the keeper is unable or unwilling to supply the drivers name and address, we will pursue the keeper for the charge under Schedule 4 of The Protection of Freedoms Act 2012.
During this process, we are bound at all times by the Independent Parking Committee (Approved Operator Scheme) code of practice and requirements defined by the DVLA and The Data Protection Act for the release and processing of data.

Paragraph 9 (2) (b) of Schedule 4 of the Protection of Freedoms Act 2012, states for parking events in England and Wales that the operator must inform the registered keeper that the driver of the motor vehicle is required to pay the parking charge in full. As the operator does not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator – the name and current postal address of the driver and pass the notice to them.
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Parking charge appeals

  • All cases are considered on their individual merits.
  • If you challenge this PCN within 14 days and the challenge is rejected, we will extend the period within which the reduced charge may be paid.
  • If your appeal is rejected, you will be provided with the details of referring the matter to the Independent Appeals Body. This will be the Independent Appeals Service - www.theIAS.org
  • The IAS provides an Alternative Dispute Resolution scheme for disputes of this type and we may engage with the IAS non-standard appeals service at our discretion, provided our internal appeals process has been followed:
I wasn’t the driver, therefore do I have to pay the parking charge?

 Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states for parking events in England & Wales that the operator must inform the registered keeper that the driver of the motor vehicle is required to pay the Parking charge in full. It also notes that, as the operator does not know the driver’s name or current postal address, the registered keeper, if they were not the driver at the time, should inform the operator, - name and current postal address of the driver and pass the notice to them. 

What is the Protection of Freedoms Act?

The Protection of Freedoms Act is a piece of legislation, passed by the Coalition Government in order to return ‘freedom’ to the British public that they feel has been eroded or removed over time through the implementation of other legislation.
It deals with a wide range of issues, including reform of the Criminal Records Checks and storage of DNA data, but the element which relates most to the parking industry is a ban of vehicle clamping and removals on private land without lawful authority.
Make an appeal
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Contact Phoenix Parking on 0845 838 1217
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