More than 60 per cent of appeals against parking tickets heard by independent adjudicators are successful, but fewer than 1 per cent of drivers who receive them appeal.

From today, councils will be required to include information about the right to appeal on tickets or when issuing a penalty by post. Previously, many drivers discovered that they had the right to appeal only when their challenges were rejected by councils.

Motoring groups say that hundreds of thousands of drivers pay tickets that they believe to be unfair because they do not realise they can appeal and that they have a high chance of winning if they do so. More than eight million parking tickets were issued last year but fewer than 70,000 were taken to an appeal.

Caroline Sheppard, chief adjudicator of the Traffic Penalty Tribunal, said: “It is important that people know that they have the right to appeal to an independent adjudicator if they want to continue to challenge a penalty after the council has rejected their case and says they should pay. Each case is determined by an independent adjudicator – a lawyer who will consider evidence from both parties before making a decision.”

Councils that reject challenges will, from today, be required to offer the motorist the opportunity to pay the fine at a 50 per cent discount rate for a further 14 days. However, drivers will lose the right to pay at the discounted rate if they decide to appeal.

Last year 60 per cent of appeals outside London were successful: 32 per cent were not contested by councils and 28 per cent were won by motorists. In London in the year to March 2007, 68 per cent of appeals were successful.

The IAM Motoring Trust said that councils that failed to contest appeals should pay drivers ten times the value of the ticket in compensation for the time, stress and expense of fighting their case.

Neil Greig, the trust’s director, said: “Knowing that failure to follow through on questioned penalty charges could incur compensation of about £800 would encourage local authorities to take every motorist’s appeal seriously.”

Other changes coming into force today include a two-tier system of parking penalties, with lower fines for overstaying on meters or parking outside the markings of a bay and higher fines for parking on yellow lines or in a resident’s bay. Outside London the lower penalty will typically be £50 and the higher penalty £70. In Central London the penalties will be £80 and £120.

Councils are also being discouraged from clamping, except when the driver has at least three outstanding unchallenged penalty charge notices, or those displaying no tax disc.

From tomorrow councils will also gain powers to tackle utility companies that cause unnecessary congestion when they dig up roads for long periods. Under changes to the Traffic Management Act, councils will have powers to manage when and where streetworks are carried out.

Gas, electric and water companies will have to apply for a permit before starting work. Councils can charge companies that breach the conditions of their permit or take longer than agreed. Utility companies will also have to give councils three months’ notice of nonemergency excavations.

Rosie Winterton, the Transport Minister, said that disruption from street works costs the economy about £4.9 billion each year, and added: “These strengthened powers will allow councils to better coordinate when work happens on their roads. We are tackling the frustration of roads being dug up time and time again.”

How to contest a ticket

— Write to the council explaining in detail why you disagree with the ticket and include any evidence such as a pay and display ticket or a timed receipt showing you were collecting items from a shop. If you write within 14 days, you will still be offered the early payment discount if the council rejects your representation

— Stick to the facts and resist the temptation to be abusive about wardens or parking

— If relevant, include in evidence photographs or videos of the street showing the visibility of signs and lines

— You can also call the council’s parking office when you receive a ticket and officials may make a note of special circumstances

— If your representation is rejected, you will be sent a Notice to Owner ordering you to pay. You have 28 days from then to pay or appeal

— If the council rejects your appeal, it will send you a form that you can use to appeal to an independent adjudicator. You have 28 days to make this final appeal

— You can appeal to the adjudicator by posting your form and evidence; appearing in person at a tribunal; taking part in a conference call with the adjudicator, a council official and any witnesses; or appealing online

— The adjudication service will acknowledge receipt of your appeal. The council should send you a copy of its evidence within 21 days

— Most drivers receive the result at the end of the hearing

Sources: Traffic Penalty Tribunal, Which?

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