Moving Traffic

PCN Grounds of Appeal

Moving Traffic

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) or Wales to cancel a Moving Traffic 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) or Wales to cancel a Moving Traffic 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 contravention did not occur

For example:

the signs and lines were wrong
the events alleged did not happen.

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 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 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 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.

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 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.

The penalty has already been paid

Either:

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

The contravention did not occur

For example:

the signs and lines were wrong
the events alleged did not happen.

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 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 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 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.

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 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.

The penalty has already been paid

Either:

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

Learn more from decided cases

A selection of key Traffic Penalty Tribunal decisions and those of other UK traffic penalty adjudicating bodies and Courts can be viewed on the external Traff-iCase website.

The online library of cases is designed to provide clear illustrations of the law that applies to a variety of circumstances.

View key cases on Traff-iCase now

Learn more from decided cases

A selection of key Traffic Penalty Tribunal decisions and those of other UK traffic penalty adjudicating bodies and Courts can be viewed on the external Traff-iCase website.

The online library of cases is designed to provide clear illustrations of the law that applies to a variety of circumstances.

View key cases on Traff-iCase now