Parking Control Solutions Ltd (PCS) Appeals Policy

Stage 1 – How to make an appeal

Motorists can submit appeals through one of the following methods;

• Online – Submit an appeal via the link below

• By Post: Send a written appeal to PCS ltd at the following address: Parking Control Solutions Ltd, 2 Wellington Place, Leeds, LS1 4AP

PCS encourage appeals via the online portal as this helps reduce issues related to lost or undelivered mail.

Stage 2 – Who can appeal

Appeal handlers must ensure that only the person who is being held liable at that point can appeal against the parking charge.

x = not liable

 = liable

* = Where the keeper fails to identify the driver (name serviceable address) they will become liable after 28 days of the NTK Unless the vehicle stolen.

Where an NTK has been sent to a hire/lease company, as they are being held liable, they have the ability to appeal against the parking charge.

Stage 3 – Recording appeals

PCS has implemented procedures to record and input all appeals received. This may be through our back-office system or through our internal process. Appeals sent through postal mail are handled by authorised personnel who open the mail, ensuring the protection of any personal data contained. Responses to appeals are provided either by email or postal mail, depending on the appellant’s specified preference for communication.

PCS adheres to the BPA Code of Practice by ensuring the following:

• A minimum of 28 days is provided from the date of imposition for the motorist to submit an appeal and make representations to PCS.
• If an appellant fails to provide a full name, vehicle registration or Parking Charge reference we will request this information and inform them that they have not complied with the appeals process.
• Once an appeal is received, the charge and enforcement action will be placed on hold.

Stage 4 – Appeals submitted out of the timeframe

Appeals received after the standard timeframe may be considered if exceptional circumstances prevented the appeal from being lodged within the normal period, provided that supporting evidence is submitted.

• Exceptional circumstances may include:
  • Situations where the registered keeper can demonstrate that they were not the driver and were unaware that a parking charge had been issued.
  • Being away or abroad,
  • Being hospitalised as an inpatient
  • The parking charge being delivered to the wrong address through no fault of the motorist.

Note: If the Registered Keeper has changed their address without notifying the DVLA as required under Part IV (Regulation 18) of the Road Vehicles (Registration and Licensing) Regulations 2002, this will not be considered an exceptional circumstance. PCS Ltd may request the motorist to sign a statement of truth confirming that they did not receive any previous correspondence.

If exceptional circumstances are established, the parking charge will revert to the start of the 28-day period, and any enforcement action must be paused.

Stage 5 – Investigating the Appeal

Investigations shall be completed by trained appeal handlers. Each appeal should be fully investigated, the process of investigation may include:

• Reviewing any evidence that has been supplied by the motorist
• Checking images captured
• Checking CCTV footage
• Reviewing witness statements from parking attendants
• Checking logs of pay and display machines to ensure that they were working correctly at the time of issue
• Checking logs of web-based payment providers to ensure that they were working correctly at the time of issue
• Checking for accidental keying errors
• Checking to see if the appellant has any exemptions in line with Annex 1 & F.2 of the Code of Practice, that may warrant the cancelling of the parking charge
• Investigating any mitigating circumstances provided by the appellant in line with Annex 3 of the Code of Practice, that may warrant either the cancellation of the parking charge, or the offer of a reduced settlement charge of £20
• Checking to see if reasonable adaptations have been made for motorists who reveal a disability

When investigating an appeal, it is acceptable to ask the appellant for additional information regarding their appeal in line with Annex F3.3 of the Code of Practice.

For example:

Stage 6 – Responding to Appeals

We will address appeals in accordance with the BPA Code of Practice and will:

• Respond to appeals within 28 days. Where a decision on the appeal is not concluded within 28 days, we will acknowledge the appeal and confirm the timeframe for concluding the appeal.
• Offer the reduced rate of payment for a further 14 days from the date of rejection of the appeal provided the original appeal was submitted within the reduced payment timeframe or if exceptional circumstances are
• Where an appeal is accepted the parking charge will be cancelled.

Appeal responses shall:

• Not imply or cause the recipient to infer statutory authority where none exists
• Not use prohibited terminology as set out in Annex E of the Code of
• Not be threatening or misleading
• Not infer potential consequences that cannot be enforced
• Be clearly dated
• Include a contact address
• Include the amount of the debt
• Include date and time of the contravention for which the original parking charge was issued
• Include the details of the contravention
• Include details of how the debt can be paid
• Answer all relevant points that the appellant has made in their

An Appeal Rejection letter informs the appellant motorist that they can appeal to the Independent Appeals Service (IAS). All the relevant details to make the appeal are included in the rejection letter.

Stage 7 – Independent Appeals Service

If an appeal is upheld by the adjudicator, the parking charge will be cancelled, and no further enforcement action will be taken.

Stage 8 – Corrective action

If the appeal is upheld, any corrective action required shall be recorded. Corrective action may include:

• Staff training
• Staff disciplinary
• Amending processes
• Suspending enforcement on a site

Stage 9 – Recommencing enforcement action

After an internal appeal is rejected, enforcement action will not resume until the deadline for the motorist to appeal to the Independent Appeals Service has lapsed. If an appeal is dismissed by the Independent Appeals Service, enforcement action will not be restarted until 28 days after the decision, including the addition of any further fees.

Stage 10 – Record Keeping

PCS Ltd will retain the following appeal-related information for a period of 36 months:

• Parking Charge Reference
• Date of appeal
• Date appeal concluded
• Outcome of appeal
  • accepted
  • rejected
  • reduced in line with appeals charter
  • goodwill gesture
  • withdrawn
• Where an appeal has been accepted
  • any remedial action that may be required and has been taken by the parking operator to avoid a repeat of the circumstances leading to the issue of the parking charge
  • Reason for acceptance
    • based on mitigation
    • incorrectly issued
    • landowner request
    • exempt vehicle
    • in accordance with appeals charter
    • goodwill gesture
    • other
  • Location including postcode