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Motoring Appeals

Parking ticket appeals, speeding appeals and county court appeals arising out of road traffic accidents (RTAs) all fall under the broad heading of “motoring appeals”.

 

Of these, appeals against speeding fines, penalty points and disqualification will all be dealt with by the Crown Court, since the original penalty is imposed by the Magistrates’ Court.  Please see the “Crime” page of this Appeals Guide for further details.

 

Disputes about civil responsibility for car accidents (negligence claims for damage to the car or personal injury) will often be decided by a district judge in the county court.  An appeal against such a decision can be made within 14 days to a more senior county court judge (“circuit judge”), with the permission of either the district judge or circuit judge.  Permission is rarely granted.  Since most RTA cases are funded by insurance, the insurer will need to agree to fund the appeal.  The losing party (or their insurer) is usually ordered to pay costs.  If the original claim was a high value claim allocated to the “multi-track”, or was decided by a circuit judge, the appeal lies to the Court of Appeal, with permission.

Parking ticket appeals, wheel clamping and bus lane enforcement appeals will usually be dealt with by local authorities under civil enforcement powers.  The grounds on which an appeal can be made are fixed by law, and the process will depend on where and how the ticket or notice was served.

 

For tickets served by post, the first stage is a formal appeal to the council, within 28 days.  If this is rejected, a further appeal can be made within 28 days to an independent appeals service.  In London, this is the Parking and Traffic Appeals Service (PATAS); elsewhere in England & Wales, it is the Traffic Penalty Tribunal; Scotland and Northern Ireland have their own tribunals.  For tickets served on a vehicle or a person, there is an additional informal appeal (within 28 days) to the council before the formal appeal.   The tribunal consists of a single legally-qualified adjudicator who will consider the appeal either on written representations or at a hearing, in person or by phone. Note that, where the original ticket is issued by the police instead, the criminal appeal process applies (see above).

 

Parking Ticket Appeals Factsheet COMING SOON

RTA claim/parking ticket appeal hearing?