Appeals Policy
An appeal is where there is a challenge against the validity of a parking charge. An
appeal is not where there is an issue with the organisation’s conformity against the
CAS. This would be a complaint and should be dealt with by following the
Oyslans complaints policy
Stage 1 – How can a motorist lodge an appeal
The member of the public can appeal email or letter(post).
Stage 2 – Who can appeal
Only the person who is being held liable at that point can appeal against the parking charge.
Where the keeper fails to identify the driver (name and serviceable address) they will
become liable after 28 days of the NTK. Unless the vehicle was stolen. Where a 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
Operators shall allow 28 days for a motorist to submit an appeal.
Operators must have a method of recording when an appeal has been received. This
may be through a back office provider or through an internal process. Either way it is
important that this is documented. If appeals are received by email/post it is
important to reference the process that happens with regard to protecting the
personal data that is required.
Operators internal appeals process requires a full name and address to be
provided, and the appellant doesn’t provide this, the operator must still reply to the
appellant to tell them that they have not complied. This cannot just be ignored.
When an appeal has been registered, enforcement action shall be halted.
Stage 4 – Appeals out of time
Operator shall consider appeals which are received outside of the normal period
usually allowed for lodging an appeal where there are exceptional circumstances for
the appeal not being lodged within the normal time frames.
Exceptional circumstances may include where the registered keeper can evidence
that they were not the driver and evidence they were not aware that a parking charge
had been issued. This includes the recipient being away or abroad, hospitalised as
an inpatient, or delivered to the wrong address through no fault of the motorist.
Where the Registered Keeper has changed their address and has failed to inform
the DVLA in accordance with Part IV (regulation 18) of the Road Vehicles
Registration and Licensing Regulations 2002, this shall not be classed as
exceptional on its own. Oyslans may require the motorist to sign a statement of truth confirming that they have not received any previous correspondence.
If exceptional circumstances have been established then the parking charge shall
revert back 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 appeals 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
o Where accidental keying errors are found the parking charge should be
cancelled if it is the first occasion
• Checking to see if the appellant has any exemptions in line with Annex F.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 F.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 – Appeal decisions
Appeal decisions shall be made within 28 days of the appeal being lodged. In the
event that a decision cannot be made within 28 days the motorist shall be provided
with an acknowledgement that the appeal has been received and is being
considered and be provided with a timeframe for concluding the appeal
If an appeal is accepted the parking charge shall be cancelled
If an appeal is rejected the appellant shall be afforded the opportunity to appeal to
the Appeals Service.
Stage 7 – Responding to appeals
Appeals shall be responded to within 28 days.
The reduced rate of payment should be offered for a further 14 days from the date of
rejection of the appeal where the original appeal is received within the timeframe for
making payment at the reduced rate
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 Practice.
• 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 PCN was issued
• Include the details of the contravention
• Include details of how the debt can be paid
Responses should also respond to all of the relevant points that the appellant has
made in their correspondence.
Appeal rejection letters should inform the motorist that they have the opportunity to
appeal to the Appeals Service. They should include the details for how to appeal to
the Appeals Service and the fact that they have 28 days to submit their appeal.
Stage 8 – Independent Appeals Service
Where an appeal is allowed by the adjudicator this shall be binding on the operator.
If an appeal is allowed then the parking charge shall be cancelled, and no further
enforcement action shall occur.
Stage 9 – 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 10 – Recommencing enforcement action
Following the rejection of an internal appeal, enforcement action shall not
recommence until the deadline for the motorist to appeal to the Independent Appeals
Service has lapsed. Following the dismissal of an appeal by the Independent
Appeals Service, enforcement action shall not be restarted until 28 days post the
decision being made, this includes the addition of any additional fees.
Stage 12 – Record Keeping
Operators must retain the following information regarding appeals for 36 months:
• Parking Charge number
• Date of appeal
• Date appeal concluded
• Outcome of appeal
o accepted
o rejected
o reduced in line with appeals charter
o goodwill gesture
o withdrawn
• Where an appeal has been accepted
o 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
o Reason for acceptance
▪ based on mitigation
▪ incorrectly issued
▪ landowner request
▪ exempt vehicle
▪ in accordance with appeals charter
▪ goodwill gesture
▪ other,
• Location including postcode