Your client must explain why their application is out of time when completing form TE7 or PE2.

Reasons could include mitigating circumstances, such as hospital stays or periods of homelessness.

A ground is a legal reason. Discuss with the client whether any of the following grounds apply.

Find out more about the database of key cases decided by the traffic tribunals on Traff-iCase.

Ground 1: Notice to owner, PCN, or enforcement notice not received

Ground 1 applies if the client did not receive the notice to the owner, penalty charge notice, or enforcement notice.

The owner of the vehicle is normally liable to pay a PCN. This is assumed to be the registered keeper.

Issuing authorities send PCNs to the registered keeper recorded at the driving and vehicle licensing authority (DVLA) and on the V5C logbook.

Updated registered keeper details

If your client did not update their logbook with a change of address, a challenge is likely to fail. Updating the address on a driver's licence does not automatically update the logbook.

If the DVLA failed to update the registered keeper's address when notified, your client must supply proof of how and when they notified the DVLA.

A new owner might incur a PCN after a sale, before the DVLA is notified of the change of keeper. Your client could supply evidence of the sale as proof that they were no longer the owner.

Penalty incurred by someone using the client's vehicle

Your client, as the registered keeper, is liable for the PCN if it was incurred by a third party using their car with their permission.

Ground 2: No response to representations from the issuing authority

Ground 2 applies if the client disputed liability with the issuing authority within the permitted time and did not receive a rejection notice.

Your client must provide proof that they made representations to the issuing authority within the time limit. This could include copies of letters, emails, or acknowledgements received from the issuing authority.

The time limit is usually 28 days after your client receives the PCN. For parking contraventions, the 28 days start from the date your client receives the notice to owner in the post.

Ground 3: No response from the relevant tribunal

Ground 3 applies if the client appealed to the relevant tribunal within the permitted time but received no response.

Your client must provide proof that they submitted an appeal to the tribunal within the time limit. This could include copies of letters, emails, or acknowledgements received from the tribunal.

Your client can also use this ground if the issuing authority registered the charge with the traffic enforcement centre before the appeal was decided, or the appeal was decided in your client's favour. This applies to:

• Dart Charge

• Merseyflow Charge

• Clean Air Zone charge

The time limit is 28 days from the date of service of the rejection notice letter from the issuing authority.

Ground 4: PCN paid in full

Ground 4 applies if the client paid certain PCNs in full.

Ground 4 can only be used if they received:

• parking charge outside London

• Dart Charge

• Merseyflow Charge

• Clean Air Zones

• moving traffic contravention outside London after 1 June 2022

Your client must supply details of how and when the PCN was paid. They should attach any evidence of payment, such as a receipt or bank statement.