Example Cases

The specific requirements for the PCN are set out in section 66(3) of the Road Traffic Act 1991. While fewer cases are now arising where a PCN is defective, it is still vitally important for a council to issue a PCN for the correct contravention.

Penalty shown in incorrect currency (WC6)
Issued with a PCN for parking in a suspended bay, the appellant challenged the validity of the document, pointing out that it showed the amount of the penalty charge in $ instead of £. The Adjudicator said that it was the council's responsibility to ensure that its PCN-issuing facilities were fit for purpose and ruled that a vehicle owner could not be expected to pay a charge denominated in a currency that was not their own.
The appeal was allowed.

PCN issued for the wrong "apparent" contravention (BH165)
The appellant, issued with a PCN for parking beyond the expiry of the paid-for time, appealed on the ground that they had indeed paid, but that the ticket had fallen off the windscreen. The Adjudicator accepted that two pay-and-display tickets, including one relating to the period during which the PCN was issued, had in fact been purchased. However, as this latter ticket had fallen off the windscreen and was not visible, the Parking Attendant issued a PCN for parking after the expiry of time paid for as shown on the first, visible ticket. The Adjudicator found that the particular contravention cited had not occurred, although a PCN could have been issued for failing clearly to display a valid ticket.
The appeal was allowed.

PCN issued for the wrong contravention (CF19)
The appellant, issued with a PCN for parking after the expiry of time paid for, appealed on the ground that no pay-and-display ticket was necessary because he had displayed his Blue Badge. The Parking Attendant's evidence confirmed that the badge had been displayed incorrectly. The Adjudicator found that, given that a pay-and-display ticket had never been purchased, there could be no question of the paid-for time expiring and that the contravention cited on the PCN had not occurred.
The appeal was allowed.

PCN served improperly (MW 625)
The appellant returned to his vehicle as the PCN was being issued, got into the car and prepared to drive away. The Parking Attendant grabbed the PCN from her colleague and threw it through the open window, where it hit the appellant in the face before falling to the ground outside the car. The appellant appealed on the ground that the PCN had not been properly served. The Adjudicator found that section 66 (1) of the Road Traffic Act 1991 - requiring an attendant to "give" the PCN to the driver, as opposed to throwing it - had not been complied with.
The appeal was allowed.