Parking (England)

PCN Grounds of Appeal

Parking (England)

PCN Grounds of Appeal

Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Parking Penalty Charge Notice (PCN).

Unsure which ground
applies to your case?

Explain clearly why you are submitting an appeal in as much detail as possible.
The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case.

Below are the only grounds (reasons) on which a Traffic Penalty Tribunal Adjudicator can instruct a local authority in England (outside London) to cancel a Parking Penalty Charge Notice (PCN).

Unsure which ground applies to your case?

Explain clearly why you are submitting an appeal in as much detail as possible. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case.

The penalty exceeded the amount that applied in the circumstances

This means the authority has asked for more than they are entitled to under the relevant regulations. The penalty charge can be up to £70, depending on the alleged contravention that occurred.

The contravention did not occur

For example:

the signs and lines were wrong
the events alleged did not happen
the vehicle was entitled to park
loading or unloading was taking place
a passenger was boarding or alighting
a valid Blue Badge was displayed
a valid pay-and-display ticket or permit was displayed.

The relevant Traffic Regulation Order (TRO) is invalid

TROs are bylaws – created by authorities – which specify traffic restrictions and the conditions under which vehicles may park. This ground means the TRO was invalid or illegal, not that you disagree with a restriction that is in place.

There has been a procedural impropriety by the authority

This means the authority has not complied with the relevant regulations. For example:

the PCN or another document did not give the required information
the authority did not respond to your challenge, or responded too late.

The PCN was sent by post because the authority claims the Civil Enforcement Officer (CEO) was prevented from putting it on the vehicle or handing it to the driver. But in fact, the CEO was not prevented from doing this

You did not own the vehicle when alleged contravention occurred

For example:

you have never been the Registered Keeper
you sold it before, or bought it after, the date of the contravention. You will usually be required to provide the name / address details of who you bought the vehicle from / sold the vehicle to in your appeal. If you cannot do this, you should explain why
it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the hirer.

The owner is a vehicle hire firm

This ground applies only to qualifying formal hire agreements, where the hirer has signed an agreement accepting liability of penalty charges issued during the hire period. You should provide the hirer’s name and address and a copy of the agreement when making an appeal to us.

For further guidance, see:

The vehicle was taken without the owner's consent

This ground covers stolen vehicles and vehicles used without the owner’s consent. It could apply, for example, to a vehicle taken by ‘joy riders’. It does not generally apply to vehicles in the care of a garage or borrowed by a relative or friend. If possible, you should supply a crime reference number from the police when submitting an appeal.

The penalty has already been paid

Either:

in full; or
at the discounted rate and in time.

Compelling reasons

The Adjudicator can’t cancel a PCN based on a compelling reason, but they can ask the authority to reconsider their decision to issue the penalty. You should explain clearly why you are appealing and as much detail on the circumstances as possible, which the Adjudicator will consider.

The penalty exceeded the amount that applied in the circumstances

This means the authority has asked for more than they are entitled to under the relevant regulations. The penalty charge can be up to £70, depending on the alleged contravention that occurred.

The contravention did not occur

For example:

the signs and lines were wrong
the events alleged did not happen
the vehicle was entitled to park
loading or unloading was taking place
a passenger was boarding or alighting
a valid Blue Badge was displayed
a valid pay-and-display ticket or permit was displayed.

The relevant Traffic Regulation Order (TRO) is invalid

There has been a procedural impropriety by the authority

This means the authority has not complied with the relevant regulations. For example:

the PCN or another document did not give the required information
the authority did not respond to your challenge, or responded too late.

The PCN was sent by post because the authority claims the Civil Enforcement Officer (CEO) was prevented from putting it on the vehicle or handing it to the driver. But in fact, the CEO was not prevented from doing this

You did not own the vehicle when alleged contravention occurred

For example:

you have never been the Registered Keeper
you sold it before, or bought it after, the date of the contravention. You will usually be required to provide the name / address details of who you bought the vehicle from / sold the vehicle to in your appeal. If you cannot do this, you should explain why
it was under a long-term leasing arrangement that transfers ‘keepership’ from the Registered Keeper to the hirer.

The owner is a vehicle hire firm

For further guidance, see:

The vehicle was taken without the owner's consent

The penalty has already been paid

Either:

in full; or
at the discounted rate and in time.

Compelling reasons

Was the vehicle towed away?

Separate grounds apply for appealing against a Parking PCN issued by a local authority in England (outside London) for a vehicle that was towed away.

Based on these grounds (see list below), a Traffic Penalty Tribunal Adjudicator could instruct the authority to cancel the PCN and refund money in relation to the removal / tow of the vehicle.

If you do not know which ground applies, explain clearly why you are submitting an appeal in as much detail as possible. The Adjudicator will be able to identify if a Ground of Appeal or compelling reason applies in your case.

The contravention did not occur.
The authority has no power to remove the vehicle.
The penalty; or vehicle release; or storage charge exceeded the amount that applied in the circumstances.
There has been a procedural impropriety by the authority.
The vehicle was taken without the owner’s consent.
The authority do not have the right to issue penalties in the place where the vehicle was parked (for example, in a car park).
If the vehicle was removed, no PCN was fixed to the vehicle or handed to the driver.
Compelling reasons.

If the Adjudicator agrees that you have compelling reasons why the penalty should not be paid, they may make a recommendation to the authority that they cancel the PCN. If the authority chooses not to do this, they must explain why. The Adjudicator cannot cancel a penalty based on compelling reasons.

Was the vehicle towed away?

Separate grounds apply for appealing against a Parking PCN issued by a local authority in England (outside London) for a vehicle that was towed away.

Based on these grounds (see list below), a Traffic Penalty Tribunal Adjudicator could instruct the authority to cancel the PCN and refund money in relation to the removal / tow of the vehicle.

The contravention did not occur.
The authority has no power to remove the vehicle.
The penalty; or vehicle release; or storage charge exceeded the amount that applied in the circumstances.
There has been a procedural impropriety by the authority.
The vehicle was taken without the owner’s consent.
The authority do not have the right to issue penalties in the place where the vehicle was parked (for example, in a car park).
If the vehicle was removed, no PCN was fixed to the vehicle or handed to the driver.
Compelling reasons.