How to Challenge a Local Authority Penalty Charge Notice (PCN) Parking Ticket

If you’ve received a Penalty Charge Notice (PCN) for parking illegally, you may be feeling frustrated, confused, or unsure about what to do next. The good news is that you have the right to challenge the ticket, and this guide will walk you through the process step-by-step. Whether you believe the ticket was issued unfairly or you have evidence to dispute the charge, there are options available to you.

What is a Penalty Charge Notice (PCN)?

A Penalty Charge Notice (PCN) is a fine issued by a local authority when a driver parks illegally or in violation of parking restrictions. Common situations include parking on yellow lines, failing to pay for parking, or overstaying in a pay-and-display car park. While receiving a PCN can be frustrating, it’s important to remember that you do have rights and options for challenging the notice.

Step 1: Read the Ticket Carefully

Before doing anything else, you need to read the PCN carefully. The ticket will contain important details such as:

• The reason the ticket was issued.
• The location where it was issued.
• The date and time it was issued.
• The penalty amount.
• The date by which you must pay or appeal.

Take note of the deadline for appealing. If you decide to challenge the PCN, it’s essential to act quickly, as missing the deadline could result in the fine increasing.

Step 2: Gather Evidence

Now that you know what the charge is for, it’s time to gather evidence. This will help support your case if you choose to appeal. Here are some examples of evidence you might want to collect:

1. Photographs of your vehicle and the location: Take clear photos of your vehicle parked in the spot where the ticket was issued. If there are any unclear road markings, broken signs, or obstructions that could have contributed to the issue, take pictures of those too.
2. Pay-and-display ticket: If you were issued a ticket for failing to display a pay-and-display ticket, take a photograph of your ticket (if you have one) showing the time it was purchased and the location.
3. Unclear road markings or signs: If there were unclear road markings or parking signs, take photos to show that they were hard to see or misleading.
4. Broken parking meters: If your ticket was issued due to a broken pay-and-display machine, take photos of the machine showing that it was out of order.
5. Witness statements: If there were other people who can support your claim, such as a friend, family member, or a passer-by, ask them to write a statement.

Remember, it’s important not to tamper with the evidence. Don’t move your car or buy a new pay-and-display ticket after receiving the notice. Tampering with the evidence can hurt your case.

Step 3: Understand Your Grounds for Appeal

Local authorities must follow strict rules when issuing a PCN, and there are specific grounds for appeal that they must accept. If any of the following apply to your situation, you may be able to have the charge cancelled:

1. You were not the owner of the vehicle at the time of the offence.
2. You were not the driver of the vehicle when the offence took place.
3. The alleged offence did not take place. For example, if the vehicle was parked legally or there was a valid reason for the parking.
4. The parking bay was not clearly marked or the road signs were unclear.
5. The penalty charge exceeded the legal limit. For example, if the fine issued was higher than what is allowed for the offence in question.
   

In addition to these mandatory grounds, you can also appeal if the circumstances surrounding the offence were unusual or unfair. For instance, if you had to leave your car temporarily due to an emergency or the parking machine was faulty.

Step 4: Appeal Within 14 Days

If you’ve gathered your evidence and identified your grounds for appeal, it’s time to act. You should submit your appeal as soon as possible, ideally within 14 days of receiving the PCN.

Appealing early is crucial because:

• If you appeal within 14 days, your penalty will freeze and you won’t be charged the increased rate if your appeal is rejected.
• If your appeal is rejected, you will still have another 14 days to pay the reduced fee.

How to Submit Your Appeal:

• Online: Most local authorities have an online system where you can submit your appeal directly. This is usually the quickest and easiest method.
• By Post: Some authorities may allow you to send your appeal by post. Be sure to send it by recorded delivery so you have proof of receipt.

Be sure to include all relevant details, including:

• Your PCN reference number.
• The vehicle registration number.
• Any evidence you’ve gathered (photographs, witness statements, etc.).

Always make sure to keep copies of everything you send.

Step 5: Wait for the Decision

Once you’ve submitted your appeal, you will need to wait for a response from the local authority. The authority will either accept or reject your appeal.

• If your appeal is accepted, you’ll receive a cancellation notice. Keep this notice safe in case the matter comes up again.
• If your appeal is rejected, the local authority will send you a Notice of Rejection. This will explain why your appeal was unsuccessful and will give you information on what to do next.

Step 6: Further Appeal to the Traffic Penalty Tribunal

If your appeal has been rejected by the local authority, you can escalate your case to an independent body called the Traffic Penalty Tribunal (for England outside London and Wales). This tribunal is impartial and reviews appeals based on the evidence presented.

To appeal to the Traffic Penalty Tribunal:

1. You’ll need to submit your appeal within 28 days of receiving the Notice of Rejection.
2. The tribunal can be contacted by post, phone, or online. You may be asked to provide a PIN code that was given to you on the Notice of Rejection.
3. The tribunal will then review your case and make a decision. You will be informed of the result.

If you live in London, your appeal will go to the Parking and Traffic Appeals Service.

Step 7: Final Option – Pay the Fine

If both your local authority and the Traffic Penalty Tribunal reject your appeal, you will need to pay the fine. At this stage, it is advisable to pay the charge to avoid further penalties or court involvement.

You can often pay online, by phone, or by post. Be sure to pay within the specified time frame to avoid the fine increasing.

Step 8: What to Do If the Charge Goes to Court

If you still haven’t paid and the case goes to court, you could face a charge certificate, which will increase the penalty by 50%. Further action may be taken, such as sending bailiffs to collect the amount owed.

However, there is a way to challenge the court order if the order was made incorrectly. You can apply to have it set aside by submitting a witness statement (form TE9) to the Traffic Enforcement Centre. This process is available if you can show:

• You didn’t receive the notice (for example, if it was sent to the wrong address).
• You made representations to the local authority but didn’t receive a response.
• You’ve already paid the fine.

Conclusion

Challenging a Penalty Charge Notice (PCN) can seem like a daunting task, but with the right information and evidence, it’s entirely possible to have the charge cancelled or reduced. Remember to act quickly, gather your evidence, and follow the appeal process carefully. By understanding your rights and knowing how to challenge the ticket, you can give yourself the best chance of a successful outcome.

If you are ever unsure about the process, don’t hesitate to seek advice from a professional or your union, which may offer free legal support. Good luck with your appeal!