8. Considering Challenges - Statutory grounds for appeal

8.1 All the evidence available, including information recorded by the CEO, information available at the location and any comments or evidence made by the motorist will be considered before a decision is made about whether and how to pursue a Penalty Charge. This is to try to ensure that any issues are resolved as early as possible. In addition, evidence held by the council will be made available to the motorist at the earliest practical point in the process.

8.2 Every challenge will be considered on the issues raised and judged against the grounds listed below. In addition to the specific grounds, it will also be decided whether there is a compelling reason why, in the particular circumstances of the case, the Penalty Charge should be cancelled (see section 9 below). We aim to answer enquiries within 10 working days and formal representations within 15 working days.

8.3 The grounds for representation are:

that the alleged contravention did not occur
that the vehicle was permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner
that the penalty charge exceeded the amount applicable in the circumstances of the case
that there was a procedural impropriety on the part of the enforcement authority
that the order which is alleged to have been contravened in relation to the vehicle concerned is invalid
that the recipient was a vehicle hire firm subject to a hire agreement and the person hiring it had signed a statement of liability
that the recipient never was the owner of the vehicle, had ceased to be the owner before the date of the alleged contravention or became the owner after that date
that the Notice to Owner should not have been served because the penalty charge had been paid in full or had been paid at the discounted amount within the time permitted
that the Penalty Charge had been paid in full or that the discount amount was paid during the discount period

Appealing against the Councils decision
8.4 If one or more of the grounds listed above apply the Council must cancel the Penalty Charge or Notice to Owner. If a Notice to Owner has been served and the Council does not cancel the charge the keeper of the vehicle can appeal to an independent adjudicator.

The Parking Services Manager
The Parking Office
Laundry Road
Guildford
Surrey
GU1 4PX

Tel: 01483 444534
Email: parking@guildford.gov.uk