The appellant is the registered keeper of vehicle. She does not dispute that the contravention took place or that the Penalty Charge Notice (PCN) was properly issued.  However, the appeal is that at the time of the contravention a friend had borrowed the car.

The Traffic Management (Northern Ireland) Order 2005 sets out the grounds on which an appellant may appeal to an adjudicator.  These include that the recipient was not the owner or the vehicle in question, or that that the vehicle was at the time of the contravention “in the control of a person without the consent of the owner”.  That the appellant had lent the car to someone else is not a valid ground of appeal.

I am satisfied on all the evidence that the appellant was the owner of the vehicle at the time of issue of the PCN.  I also find as fact that the vehicle was not taken without consent, as the appellant admits that it was borrowed by an acquaintance and has been trying to “get the person who was driving the car to pay the penalty”.

The appellant is therefore liable to pay the PCN and the appeal must fail.  Whilst I accept that the appellant was not driving, that is a private matter for the appellant to resolve with the driver.

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