This page explains how to appeal against a penalty charge notice (PCN) issued for contravening parking regulations in Merton. Appealing against a PCN is called "making a representation".
It is not possible to appeal a PCN after paying the penalty charge. Payment of a PCN indicates that the motorist has accepted liability and the right of appeal is lost.
Who can appeal
When a Notice to Owner (or postal PCN) has been served, we will only enter into correspondence with the registered keeper of the vehicle as recorded by the DVLA. The registered keeper may email or write to us to advise that they have appointed a representative to deal with the matter on their behalf and only then will we correspond with the named representative.
View evidence or pay your PCN online
You can view photographic evidence of your contravention (if any was taken) and appeal or pay your PCN on our website. You will need your PCN number and vehicle registration.
When a PCN is served you can pay at a discounted rate of 50%, providing that you pay within 14 days of the PCN being served. If the PCN has been served on the basis of evidence recorded by an approved device (e.g. a mobile CCTV unit) the discounted rate of 50% must be paid within 21 days of the date of issue of the notice.
Appealing your PCN
Should you wish to make a representation against the issuing of the PCN you may do so:
- online
Appeal your PCN
or - by sending a letter which is signed and dated to Merton Parking Services at the Civic Centre address below:
Merton Parking Services
Merton Civic Centre
London Road
Morden
SM4 5DX
Please quote the PCN number in all correspondence.
Because a PCN is a legal document, we will not accept representations by phone or in person for any part of the appeal process.
All representations received will be investigated in a strict chronological order and you will be informed in writing of our decision.
If your representation is successful, the fine will be withdrawn.
If your representation is unsuccessful and we have received your challenge within 14 days from the date on the PCN, we will give you another 14 days to pay the discounted charge on your notice. If the PCN was served on the basis of evidence recorded by an approved device you will be given a further 21 days (instead of 14 days) to pay at the discounted rate. If we receive your challenge after the 14 days have passed, then you will be charged the full amount.
If you pay your charge at any stage, you lose your right to appeal.
Notice to Owner (NTO)
If you do not wish to pay and still wish to contest the issue of the PCN then you must await the issue of the Notice to Owner (NTO) . This will allow you another opportunity to make formal representations against the issuing of the PCN. Please note that the discounted rate of payment does not apply at this stage, and should you decide to pay the PCN, this will be at the higher rate, depending on the contravention code displayed on the ticket.
Please note, if you have been sent a PCN document by post (e.g. if the PCN has been served on the basis of evidence recorded by an approved device) , this document is both the PCN and the NTO.
All representations at the Notice to Owner stage must be received in writing in one of the following ways:
- by completion of the Notice to Owner document
- online:
Appeal your PCN - or by sending a letter which is signed and dated to Merton Parking Services at the Civic Centre address below:
Merton Parking Services
Merton Civic Centre
London Road
Morden
SM4 5DX
If you miss the payment deadline you will get a Charge Certificate and your fine will increase by 50%.
Appeal to the London Tribunals
If our response to the representation made at the Notice to Owner stage is not to cancel it, then you will receive a 'Notice of Rejection'. You will also receive details of how you can apply to the London Tribunals for them to adjudicate on this matter. You cannot apply to London Tribunals until you have received a Notice of Rejection.
If you decide to ask for adjudication from London Tribunals you will be notified when the case is to be heard. You can attend in person or the case can be heard in your absence. There are no additional costs to you for using London Tribunals and the adjudicator's decision is binding on both parties.
If the adjudicator decides that the PCN is valid, you will be given a further 28 days to pay it at the higher rate. After an appeal has been heard, you have no further right to appeal.
For further information see the London Tribunals website
If you miss the payment deadline you will get a Charge Certificate and your fine will increase by 50%.
If you still don't pay
If you still don't pay we will apply to the Traffic Enforcement Centre (TEC) to register the outstanding debt. A court registration fee will be added on.
We will send an Order for Recovery and Witness Statement to the registered keeper. You can either:
- pay the fine
- file a Witness Statement with the TEC (if one of the limited grounds applies to you as detailed on the Order for Recovery).
If we don't receive a response, we may apply for a Warrant of Execution to the TEC and your case will be passed to the Enforcement Agents (bailiffs). You will be liable to pay enforcement charges on top of the existing fine.
PCNs relating to cashless parking
| Reason for PCN being issued | Our response |
|---|---|
| You entered the wrong vehicle registration entered (i.e., you entered one or more digits incorrectly or chosen the wrong vehicle from your account). | If you have inadvertently paid for the wrong vehicle registration number, but you have paid the correct tariff, we will cancel the PCN issued. You must correct the VRM on your account to ensure the same mistake does not happen again. To help us trace your payment please provide a copy of your receipt or transaction reference number. RingGo will always ask if you want to park the vehicle that you most recently paid for so if you have more than one vehicle on your account, please ensure you are paying for the right one. |
| Wrong parking location entered | We will cancel the PCN that you receive for this mistake, provided that:
If you have paid for a location that is not operated by the London Borough of Merton we will uphold the PCN. |
| You paid for parking using RingGo but the Civil Enforcement Officer (CEO) did not see your payment details on their handheld device | Occasionally, the handheld devices that our enforcement officers use may lose signal or there may be a slight delay in receiving payment details from RingGo. Where this happens, please provide a copy of your receipt or transaction reference number. When we can see that you paid for the period that you were parked we will cancel the PCN. |
| The PCN was issued while you were paying on RingGo. | If you started making the payment before the PCN was issued we will cancel the PCN, otherwise it will be upheld. In order for us to trace your payment, please provide a copy of your receipt or transaction reference number. We recommend that you pay using RingGo while you are still at your car. |
| You were unable to pay by RingGo because your phone battery or credit had run out or you had no signal. | You should always ensure that you have the means to pay for parking. If you are unable to use your phone you should pay with cash at a ticket machine. We would not cancel a PCN in these circumstances. Please note that the usual rules regarding getting change apply – if you are unable to use RingGo and have no change to pay for parking you are not permitted to leave your vehicle to get change. |
| You were unable to use RingGo because the service was down or unavailable. | Where RingGo is the only option for payment and we have confirmation from RingGo that the service was down or unavailable, we will cancel any PCN issued. We would not cancel a PCN in these circumstances where a 'pay and display' ticket machine is available. |
Find out more about cashless parking: Pay by mobile phone for parking
Freedom of information requests
Please do not include requests for information under the Freedom of Information Act 2000 with your appeal. If you wish to request such information, please follow the guidance on our Freedom of Information page.