Evidence List
Challenge a Penalty Charge Notice
The following list is published to help the motorist with their challenge to the Penalty Charge/Notice to Owner. Whilst you may challenge the Penalty Charge Notice using one of the reasons on this list, it does not automatically guarantee cancellation of the Notice as each case is assessed on its merits. Once your challenge is received the case is put on hold until such time as a written reply is sent to you with the decision on the case. You will then have the opportunity to appeal to the independent adjudicator if your challenge is rejected by the Council. In certain circumstances the Council will require evidence and guidance is given here to help the motorist supply such evidence with their challenge:-
The make of vehicle on the Penalty Charge Notice is not the same as your vehicle
You will need to send a copy of your registration document.
The vehicle was broken down
The Council will consider a copy of a paid invoice for parts purchased, written proof from the A.A. or RAC (or similar) of the call-out, or paid invoice from towing company/garage.
Medical Emergency
Letter from Doctor or Practice Manager, Hospital or Specialist confirming either emergency occurred on date or condition suffered would give rise to emergency. The Council does not waive Penalty Charge Notices for pre-booked appointments.
The vehicle was stolen
A Crime Number and the telephone number of the Police Station will be needed. The Council will check with the police that the vehicle was reported stolen before the Penalty Charge was issued. The Council will also check the date that the Police advised the motorist of the location of the vehicle if the vehicle had been found.
Ringer Vehicle
The Council will need a copy of the tax disc and registration document to compare with the photographs taken on the day. If it is possible to provide proof of the whereabouts of the vehicle on the day, this should also be sent.
Permit Holder in Permit Bay
The Council will need a copy of the permit and an explanation why it was not on display.
Delivery and Collection of Goods
Copy of invoice or delivery note required as proof. The Council will check the dates and the volume of goods.
Two Penalty Charges received for the same contravention
If a Penalty Charge Notice is issued by a Civil Enforcement Officer and the same contravention is captured by CCTV, you will receive a Notice on the vehicle on the day and also a Penalty Charge through the post. The Council will cancel the Penalty Charge sent through the post, but you will need to notify them if two Penalty Charges have been issued.
Vehicle was sold before or bought after date of contravention
The Council will have checked with the DVLA for the name and address of the registered keeper. To rebut the details from the DVLA you must produce a bill of sale or proof of purchase showing the details of the new/previous keeper. It is in your own interest to rectify the record held at the DVLA as this record is used by all local authorities and the police to find out the owner of a vehicle.
Blue Badge Holders
If you are a Blue Badge Holder and think that you should not have been issued with a Penalty Charge because concessions applied, you should send a photocopy of both sides of your Blue Badge showing the issuing authority, the badge number and expiry date.
If the badge holder was a passenger in the vehicle, written confirmation from the badge holder will be required as well as the copy badge, to establish they were present at the time the Penalty Charge was issued.
The vehicle was on hire
In order to pass liability to the person hiring the vehicle, the hirer must provide a copy of the hire agreement. If you receive a Penalty Charge Notice/Notice to Owner when you had the vehicle on hire, the company will have supplied the Council with a copy of the hire agreement passing liability on to you.
The signs and lines indicating the restriction were missing
It will help your case if you can take photographs of the location, showing that there was no indication that parking was prohibited when you parked. The Council will carry out its own site visit and will take photographs to support its case if it rejects your challenge.
Remember that yellow lines within a Controlled Parking Zone do not have a timeplate adjacent unless the restricted times differ from that of the Zone. The signs for the Controlled Parking Zone are at the entrance and exit of the Zone and will also appear on the permit bays. Double yellow lines do not need timeplates and always mean 'No Parking At Any Time'.
There is a blanket ban on parking off the carriageway (this includes verges, vehicle 'cross-overs' and kerbstones). The Council may exempt some areas for "footway parking" which will have signs showing the limits of the bay.
Vehicle was parked off the carriageway in a permitted bay
Check that no part of your vehicle was overhanging the limits of the bay. Check that you were the permitted side of the sign. If you were parked facing a sign without a diagonal line through the image, you were the wrong side of the sign.
Vehicle was parked in an on street pay and display bay with a valid ticket on display
You will need to supply a photocopy of your ticket (keep the original) and any explanation of why it could not be seen by the Civil Enforcement Officer.
Pay and display tickets purchased at an on-street ticket machine are for on-street bays only, and cannot be used in car parks.
PENALTY CHARGE NOTICES ISSUED IN CAR PARKS
Vehicle was displaying a valid season ticket
Check that you were entitled to use your season ticket in the car park in which you received the Penalty Charge. If your season ticket was valid in the car park, send in a photocopy.
Vehicle was displaying a valid pay and display ticket (off street)
Check that the Penalty Charge was issued for 'parked in a car park without clearly displaying a valid pay & display ticket', it may have been issued for another reason such as being out of a bay. If you purchased a ticket but for some reason it was not clearly displayed, you should send a photocopy of the ticket (keep the original) for the Council to check, with an explanation of why it was not clearly displayed.
Pay and display tickets purchased in a car park can only be used in Enfield car parks, not in on-street parking bays.
Vehicle was not parked within the markings of the bay
The Council will need to know why your vehicle was not within the bay. The Civil Enforcement Officer will have indicated in his evidence how the vehicle was parked.
The Council will not consider waiving the Notice if you were parked in an aisle preventing the free movement of traffic.
Vehicle was taken without your consent
This does not apply if you allowed access to your keys by a member of your family or friend. It does apply if your vehicle was stolen.
IF YOUR VEHICLE WAS REMOVED
If your vehicle was removed following the issue of a Penalty Charge Notice, you must pay the removal fee and the Penalty Charge Notice before the vehicle will be released.
You cannot appeal against the removal until you have paid and had the vehicle released to you from the car pound. When you claim your vehicle, you will be given details to advise you how to make your challenge. If you are successful with your challenge, the Council will refund any monies paid. You will be entitled to lodge your appeal with the independent Adjudicator if your representations are rejected by the Council.
If you are claiming your vehicle at the Pound, you will need to take the vehicle registration document, insurance document and some proof of your address (e.g. utilities bill, council tax bill or bank statement). The Council Pound is situated in Crown Road, Enfield, EN1 1TH, and is located off of Southbury Road behind the Enfield Retail Park (Tel.No. 020 8443 0602)
If you need further help and would like to speak to the Adjudication team at the Council, please contact them on 020 8379 6410.
