Grounds for disputing a PCN

Before making an informal challenge or formal representation, you need to be sure you have valid reasons to dispute your PCN. The Traffic Management Act 2004 gives statutory grounds or specific reasons to choose to dispute your PCN. If none of them apply, we will consider mitigating circumstances on a case by case basis.

Please choose the most appropriate grounds for the type of PCN you have received. 

To dispute your PCN, see parking fines (penalty charge notices).

Please explain your reasons fully and clearly and provide evidence, such as documents and photographs wherever possible. 

Parking PCN

A parking PCN can be issued to you by a civil enforcement officer (CEO):

  • by being fixed to the vehicle or
  • by being handed to the person in charge of the vehicle 

A parking PCN can also be sent to you by post if the PCN was issued:

  • by CCTV
  • by the CEO but they were prevented from fixing the PCN to the vehicle
  • by the CEO but the vehicle was driven away before they could fix the PCN to it  

Grounds to dispute a parking PCN    

The contravention did not occur

This means you thought you could park where you did because you believed the parking restrictions did not apply to you; you had a valid permit or another good reason to park there. Please provide evidence.  

There has been a procedural impropriety on the part of the enforcement authority

This means you think the Council did not follow the enforcement laws or the correct procedure, for example the notice to owner (NTO) was served out of time. Please provide evidence.   

You were never the owner of the vehicle in question; had ceased to be the owner before the date on which the alleged contravention occurred; or became the owner after that date

This means the vehicle is not yours or you had sold the vehicle before, or bought it after the vehicle was issued with the PCN. Please provide evidence. 

The vehicle had been taken without the keepers consent (stolen)

This means the vehicle had been stolen or was being used without your consent. Please provide evidence, including a crime reference number or insurance claim.  

The PCN exceeded the amount applicable

This means you are being asked to pay the wrong amount for the PCN.

The Traffic Management Order is not valid

This means you believe the contravention you have been accused of is not correct. Please provide evidence.  

We are a hire firm and have supplied the name and address of the hirer

This only applies to hire companies where the hirer has signed a qualifying hire agreement accepting liability for penalty charges. Please provide this as evidence.   

The PCN has been paid

This means you believe you have paid the PCN in full. Please provide evidence of the payment method, date and amount.  

The civil enforcement officer was not prevented from serving the PCN

This applies only when you receive a PCN in the post because the Council claims the CEO was prevented by someone from issuing the PCN at the scene. This is only applicable to PCNs issued by CEOs. Please provide evidence.   

Any other reason

Whether or not any of the above apply, the Council will consider all compelling mitigating circumstances on a case by case basis. 

CCTV bus lane PCN

Grounds to dispute a CCTV bus lane PCN

There was no breach of the bus lane order/regulation

This means you thought you could enter the bus lane where you did because you believed there were no restrictions or you entered outside the bus lane hours of operation. Please provide evidence.  

You were never the owner of the vehicle in question; had ceased to be the owner before the date on which the alleged contravention occurred; or became the owner after that date

This means the vehicle is not yours or you had sold the vehicle before, or bought it after the vehicle was issued with the PCN. Please provide evidence.  

The vehicle had been taken without the keepers consent (stolen)

This means the vehicle had been stolen or was being used without your consent. Please provide evidence, including a crime reference number or insurance claim.  

The police are taking action for the same offence

Please providence evidence such as a fixed penalty notice or a notice of intended prosecution. 

Any other reason

Whether or not any of the above apply, the Council will consider all compelling mitigating circumstances on a case by case basis. 

CCTV Moving Traffic PCN 

Grounds to dispute a moving traffic PCN

The contravention did not occur

This means you believed the restrictions did not apply to you or you had another good reason for doing what you did. Please provide evidence.  

You were never the owner of the vehicle in question; had ceased to be the owner before the date on which the alleged contravention occurred; or became the owner after that date

This means the vehicle is not yours or you had sold the vehicle before, or bought it after the vehicle was issued with the PCN. Please provide evidence.  

The vehicle had been taken without the keeper's consent (stolen)

This means the vehicle had been stolen or was being used without your consent. Please provide evidence, including a crime reference number or insurance claim.  

You are a hire firm and have supplied the name and address of the hirer

This only applies to hire companies where the hirer has signed a qualifying hire agreement accepting liability for penalty charges, please provide this as evidence.

The PCN exceeded the amount applicable

This means you are being asked to pay the wrong amount for the PCN.

Any other reason

Whether or not any of the above apply, the Council will consider all compelling mitigating circumstances on a case by case basis. 

 

Page updated: 01/07/2016 12:04:17