(page revised 1 July 2019)
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MERSEY GATEWAY PENALTIES - STAGE 2 - MAKING AN APPEAL ONLINE TO TRAFFIC PENALTY TRIBUNAL
This page describes the stage after you have made a representation against a Penalty Charge Notice and have received a Notice of Rejection.
It is based on making the appeal online which is the standard way that appeals are made.
You do not have to do it online, you can ring them on 0800 160 1999, and they will send you a form.
The appeals process is covered at this page on the Tribunal site.
You have 28 days to appeal to the Tribunal, but as with the representation stage we strongly recommend that you do it as soon as you can.
How to do it
Do not be put off with the number of screens that are involved, most of the screens only require a small amount of information.
You will need your Notice of Rejection to hand and you will also have to decide what your grounds of appeal are and what evidence, if any, that you have. If nothing else, we suggest that you appeal on the grounds that there has been a 'procedural impropriety' - this means that Merseyflow or Halton Borough Council have not complied with the relevant acts, regulations and orders.
To appeal online you will also need an email address. If you have not got one then you might use a close friend's or relative's or set one up such as using Google Mail.
Note that to make the appeal you do not have to submit any evidence at this stage. The process as detailed below will take you ten to fifteen minutes.
Go to this Traffic Penalty Tribunal link.
TPT Appeal first screen-
Under 'Have you received a Notice of Rejection of Representations?' click on 'Yes' and enter first two letters of the PCN - for the Mersey Gateway this is always 'XM'. Then click on 'next'.
The next page is 'Before you begin your appeal'. There is a link to a short video, which you may want to watch. Then scroll down to bottom and click on 'Begin appeal'.
Next page is 'Your appeal', You need to complete three boxes-
'PIN/Online/Appeal code' is the 'Appeal Code' number that will be in a box on the third page of your Notice of Rejection.
The other two boxes are for your 'Vehicle Registration Number' and the 'PCN Number'.
If you are appealing against other PCNs for the same vehicle then click on 'Add another PCN'.Then click on 'Next'.
The next page is 'Register (New User)'. If you have appealed before then you can 'Sign in'. The will take you to a 'Sign in' screen where you enter your email address and password.
If you have not appealed before then on the Register (New User) screen, enter an email address and a password. Then click on 'Register'
If you don't have an email address then click on the link 'Don't have an email address' which will suggest how to get one.
Next page is 'Your Appeal'. It will, hopefully, tell you that your email address has been confirmed. Click on 'Raise Appeal'.
The next page is 'About us'. On tab 1, you indicate whether you are appealing for yourself or on behalf of someone else. You are then given a long drop down list of 'Appellant Details' to complete. All the fields are mandatory, if you don't have a 'secondary phone' then use the same number as your 'primary phone'. Then click on 'Next'.
Next page is tab 2, 'Vehicle details', you have to tick to indicate that you own the vehicle or you have sold it or it is a company or hire vehicle. Then click on 'Next'.
The next page is tab 3, 'Why are you appealing'. You have to say whether the vehicle did make a crossing on the time and date stated on the PCN. You also have to say whether you paid on time or not. If you do not remember then you can click on 'I don't know'.
You will then get a drop down box for you to say why the toll was not paid or not paid on time. You can give as many reasons as you like including that you did pay the toll and paid it on time.
Apart from any other reason we suggest that you say "There is no toll or penalty payable. The Tolling, the Charging Orders and the PCNs do not comply with the law. There have been various procedural improprieties on the part of the nominal Charging Authority. The whole system system does not comply with the fundamental principles of English law. This is detailed in the various evidence documents prepared by Scrap Mersey Tolls. We also cite the 11th March 2019 decision of the adjudicator on the appeal of Damian Curzon".
When you have given your reasons, then click on 'Next'
Next page is tab 4, 'Evidence'. There is a box in which you can add evidence to support your reasons for appealing. You do not have to do this now, you can just enter ' I will add evidence at a later date.'
On the same page you can also 'Add your evidence'. This could be text files, copies of emails, images etc.You can either 'Upload evidence' or give a 'Link to evidence'
You do not have to, but we suggest that whatever other evidence you have or have not, you click on 'Link to evidence and against 'Link to evidence' you put this - http://www.notolls.org.uk/smtpcnevidence.htm .
When you have done what you want, then click on 'Next'
The next page is tab 5, 'Check and Declaration'. This is a chance to review what you have entered. If it is wrong then you will have to go 'Back'.
If it is right then click on the box at the bottom '..to confirm you agree' and then click on 'Submit my Appeal'.
Next page is headed 'Checking details', it is the final one and requires no input. You should get an email acknowledgement of the appeal from the Tribunal.
What happens next?
Using your email address and the password that you have given to them, you can log back onto your appeal at any time.
You will need to do this if you are adding anything to your appeal including more evidence.
You can also see how the Council react to your appeal and have a chance to comment on anything that they might say.
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