Appeal Hastings Penalty Charge Notice for FREE
Check your appeal options and write a free appeal letter
Appeal Hastings Penalty Charge Notice for FREE
Check your appeal options and write a free appeal letter using our app
How to Appeal Hastings Penalty Charge Notice
This guide provides you with free advice on how to challenge your Hastings penalty charge notice.
Table of Contents
Why Did Hastings Issue a Penalty Charge Notice
Hastings is a local council who have a responsibility to manage street parking, keep traffic flowing and ensure pedestrians are safe when using public highways. They also run Hastings managed car parks.
They issue a penalty charge notice, also referred to as a parking fine for:
- Breaking traffic rules
- Not observing parking restrictions
- Not parking correctly in a Hastings run car park
When you receive a Hastings penalty charge notice, you have the option to pay or appeal it. You have nothing to lose by appealing a penalty charge because if the appeal is rejected, the discount will often be re-offered.
You can contact Hastings on twitter @hastingsbc to ask any questions or get instant advice.
Types of Hastings Penalty Charge Notice
There are four types of penalty charge that Hastings can issue to a motorist. Each type of penalty charge has specific rules and guidelines that the Hastings must follow. If the rules are not followed, you can challenge this and get the penalty charge notice cancelled.
- Bus Lane
- Moving Traffic
- Off-Street Car Park
Appealing a penalty charge using our app requires a no prior understanding of the rules because you will be guided through the options. We wanted to make this process easier than ever because most people are too busy to read the laws, so all you need to do is follow the steps in our penalty charge appeal letter app.
If you don’t find a defence, don’t worry, we are still updating our app and it will eventually cover all bases.
All you have to do is put the right contravention code and our app will show you the best defence in each scenario.
Did Hastings Issue Your Penalty Charge Notice Correctly
The following is a simple checklist to see if your penalty charge notice was issued correctly.
In all scenarios, you have to remember that Hastings have to prove that the contravention occurred. If there is no evidence of contravention, then you should challenge them and ask them to prove a contravention occurred.
All the points below are included in our appeal letter app and all you have to do is choose the options which apply to your specific case in our app.
Hastings Windscreen PCN
- Was the PCN placed on the vehicle windscreen?
- Did you receive multiple penalty charge notices for one offence?
- Does the signage support the penalty charge notice?
- Were you loading and unloading?
- Was the notice to owner issued after 6 months?
Hastings Moving Traffic PCN
- Was the PCN issued within 28 days?
- Does the penalty charge notice have the correct contravention?
- Have you received multiple PCN’s during a short period of time?
Hastings Bus Lane PCN
- Was the bus lane signage clear?
- Did you drive in the bus lane for less than 20 metres?
- Were you entering a bus lane to access a building?
- Did you have to drop or pick up a passenger in a bus lane?
- Did you just turn into a bus lane and there was no sign?
We have reviewed over 360,000 cases from London Tribunal adjudicators, and evidence has shown these reasons are valid for getting a penalty charge cancelled and if you include them in your appeal, you have a high chance of your PCN being cancelled.
How to Write Your Penalty Charge Appeal Letter
You should write your PCN when you are relaxed, calm and can think straight. Often people underestimate that appealing a penalty charge notice is a legal process and the council have trained staff who are there to respond to challenges professionally.
The easiest way to beat your parking fine is to simply use the Parking Mate UK app to write your appeal letter since it will guide you through the process and provide the best defences to select from. Our app walks through the following:
When to Appeal Your Hastings Penalty Charge
You have 28 days to pay or appeal your penalty charge notice. Anytime you receive correspondence from Hastings, you usually have 28 days to respond, however you should aim to respond within 14 days.
A 2019 report from London Councils showed that less than 1% of penalty charges were appealed, which was 36,000 from 5.9million tickets.
This means 99% of penalty charges are not challenged. If more people challenge penalty charges, it will result in more appeals timing out, councils not being able to contest every case at the Traffic Penalty Tribunal and therefore more appeals being won.
If you appeal outside the discount period, the full amount is due, and in this case, you should take the case through the full enforcement process.
If after writing a free penalty charge appeal letter you find that you have some legal defences or any of the following scenarios apply, you should definitely appeal your Hastings penalty charge notice throughout the full process including the tribunal.
· Hastings did not leave a penalty charge notice on your windscreen
· The postal penalty charge notice from Hastings came after 28 days
· Hastings sent your notice to owner after 6 months
· Any documents went to your old address
· Our appeal letter app shows that you have a legal defence
· If you have proof that a contravention did not occur
When to Pay Your Hastings Penalty Charge
Our general advice is that even if you do not have a genuine reason to contest a penalty charge and it was issued correctly, you still appeal the first penalty charge anyway and if the council refuse to allow the appeal and cancel the penalty charge, they will offer you the discount and you have nothing to lose.
If you have no genuine defence, you should pay the penalty charge notice when Hastings reject your first appeal and re-offer your discount.
You should always send an appeal at least once since you have nothing to lose.
How to Appeal Hastings Temporary Covid Restrictions
If Hastings have put temporary restrictions using cameras or bollards, you can challenge them if you were not informed in advance or the road does have any warnings before you reach the restriction.
These restrictions are often introduced to reduce rat-running (drivers taking shortcuts) on residential streets and to promote social distancing, so you may find that your normal route has “road closed” signs or “parking suspended” signs.
Please read this article which goes in detail on rat running from the RAC which covers What is rat-running and should cut-through traffic be illegal?
In all cases, inspect the signs carefully because if they are not clear or if the restrictions were installed overnight or it’s your first offence, Hastings may be able to cancel the penalty charge.
If Hastings have introduced a temporary restriction on a road called Westminster Road, use google to search their site for the traffic management order, the google query would look something like this: site:*.westminster.gov.uk “Westminster road TMO” you can also add a space and “filetype: pdf” if you want to restrict answers to pdf documents only.
Once you find the documents, simply read through to identify anything you can use in your appeal.
How to Send Your Hastings Appeal
Dealing with Hastings at Traffic Penalty Tribunal
Appeals which go to Traffic Penalty Tribunal will be reviewed by an independent adjudicator.
If you only rely on mitigating reasons, your appeal will almost always fail.
The adjudicators can only allow an appeal if they find that the council has not followed the rules or has made an administrative error.
You should provide as much evidence as possible when sending your appeal to Traffic Penalty Tribunal because Hastings have to prove that the contravention occurred and they will submit a detailed case file in most cases.
Finding Supporting cases At London Tribunal
Since all councils in the UK follow the same laws, you can use a supporting case from London Tribunals to improve your chance of winning your appeal. London Tribunals publish all successful appeals, therefore, if you have a similar scenario, you can use the law mentioned to get your penalty charge cancelled with Hastings. To find similar cases, simply follow the steps below.
You can see the key cases here
Finding cases at London Tribunal:
- Go to https://londontribunals.org.uk/
- Select Statutory Registers
- Select search under Environment and Traffic Adjudicators
- Enter the following:
- Enforcing authority as Hastings
- Enter desired dates
- Outcome as Appeal allowed
You will then be presented with a list of all successful appeal cases which you can review and find one that matches your case. Simply copy the “case reference number” and “adapt the text from the decision” to include in your appeal letter.
Common ways to win Traffic Penalty Tribunal appeals against Hastings
- If Hastings does not include a penalty charge notice in their case file, it means they will not prove the contravention occurred and therefore the appeal will be allowed
- If Hastings send you a charge certificate while your case is with the Traffic Penalty Tribunal, you should update your appeal at Traffic Penalty Tribunal and upload a copy of the charge certificate, it means the authority has sent a demand for payment which they are not allowed to demand and enforcement is unlawful.
- If Hastings don’t upload a case file on time, then the appeal will be allowed
- If Hastings responded to your formal appeal after 56 days, you should highlight this to Traffic Penalty Tribunal because Hastings are deemed to have accepted the representation and the appeal will be allowed.
- Finally, the assessor will only check the facts you state, they are not obliged to highlight any error made by the council if you don’t highlight it.
How to Send Your Appeal to Traffic Penalty Tribunal
Read more about Penalty Charge Notices
How to complain about unfair penalty charge enforcement
Frequently Asked Questions
01. Can I Ignore Hastings Ticket?
The simple answer is no, if you ignore the penalty charge, the amount will keep increasing as enforcement escalates. A £65 penalty charge notice in London can easily become £513 if ignored and bailiffs are involved. Use our guide to see your options at every stage of the enforcement process
02. What if Hastings reject my appeal ?
If Hastings reject your appeal, you can submit the appeal to Traffic Penalty Tribunal within 28 days. Once your appeal is submitted, the authority will have to submit their case within 28 days, if not, the appeal will be decided in your favour.
03. How to pay the Hastings PCN
To pay your Hastings ticket
- Go to the council website
- Enter your parking ticket details
- Make your payment.
Once payment is made, the case will be closed.
04. My Traffic Penalty Tribunal appeal has been rejected
Traffic Penalty Tribunal consider your appeal based on evidence provided. Their decision is binding on you and the authority and the PCN must be paid after this.
05. Will bailiffs arrive on my door ?
Yes, Hastings can instruct bailiffs to collect payment if you don’t deal with the penalty charge notice. Appeal now to avoid more costs later.