Grounds for disputing a PCN
Before making an informal challenge or formal representation, you need to be sure you have grounds to dispute your PCN. The Traffic Management Act 2004 gives statutory grounds or specific reasons that you need to choose to dispute your PCN.
Please choose the most appropriate grounds for the type of PCN you have received.
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
The legal grounds on which you may make a representation are as follows:
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.
Whether or not any of the above apply, the council will consider all compelling mitigating circumstances when reaching a decision on representations on a case by case basis.
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.
Whether or not any of the above apply, the council will consider all compelling mitigating circumstances when reaching a decision on representations on a case by case basis.
CCTV 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 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.
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 exceeded the amount applicable
This means you are being asked to pay the wrong amount for the PCN
Whether or not any of the above apply, the council will consider all compelling mitigating circumstances when reaching a decision on representations on a case by case basis.
Mitigating circumstances
Under mitigating circumstances we will consider each case individually but there are some common situations under which we will probably cancel a PCN.
These are guidelines, not rules, which depend on the area in which the contravention occurred.
You should supply as much evidence as possible to support your case.
Each case will be considered individually but we will not repeatedly cancel PCNs for the same reason.
- Compelling mitigating circumstances, such as a medical emergency
- Signs and lines were changed while the vehicle was parked
- The vehicle was forced to contravene in order to avoid a traffic accident
- The vehicle was picking up or dropping off passengers (in a section of the road where this is legally allowed) - you will usually need evidence to demonstrate this
- The vehicle had broken down (and this was reported shortly afterwards)
- The contravention was a result of extreme circumstances beyond human control
Page updated: 13 Apr 2011
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