Legal guide to UK motoring, sections for law enforcement, Driver licensing, learner and new drivers, buying and selling, speeding fines, owning a vehicle, wheel clamping, traffic information

Menu

Understanding parking penalties (under the road traffic Act 1991)

Parking Tickets or Penalty Charge Notices (PCNs)

Different rules apply if you received a police-issued ticket (Fixed Penalty Notice or FPN) or were clamped or towed away.

Parking tickets are usually issued by a parking attendant at the scene. They may, however, be sent to the owner of the vehicle by post, for example if the contravention was observed using a CCTV camera.

Do not ignore parking tickets. They may carry extra penalties if not paid (or contested) promptly. In order to qualify for a discount, payment must be received by the council within 14 days. A payment slip accompanies the ticket - if you wish to pay the ticket but have lost the payment slip contact the council.




The ticket will show the alleged contravention, plus the date, time and location. If you feel it was wrongly issued, or that there are special circumstances in your case, you should write to the council. They may cancel the ticket, or turn down your case and inform you about your rights to take the matter further. If you write to the council promptly they will usually give you another opportunity to pay at the reduced rate even if they turn down your case.

If you wish to preserve your right to appeal against the ticket you should not pay the penalty. Paying a PCN will usually result in the case being closed. If you are not the registered keeper of the vehicle, let the keeper know they should expect a ‘Notice to Owner’ demanding payment of the penalty. Ask them not to pay when they recieve the ‘Notice to Owner’ but to make ‘Representations’ instead.

Notice to owner

If a parking ticket isn’t paid within 28 days a ‘Notice to Owner’ is sent to the keeper registered at DVLA (regardless of who was driving). It should normally be served within 6 months of the ticket. The ‘Notice to Owner’ provides you with an opportunity to either pay the outstanding penalty or make formal ‘representations‘. The penalty needs to be paid or representations made within 28 days. If you do not make representations within 28 days the council can disregrard them. Do not hand the Notice to Owner to the driver – if the driver does not pay the PCN, you could be liable for an increased charge and lose the opportunity to appeal.

If you make a case under one of the statutory grounds (see page 9) the council should cancel the ‘Notice to Owner’. If none of the statutory grounds apply to your case you can still make representations to the council and ask them to take other circumstances into account. The council is not obliged to waive the penalty, but they may do so in exceptional circumstances.

The Road Traffic Act makes the owner, not the driver, liable for most parking penalties.

Representations

Having considered your Representation the council will send you a ‘Notice of Acceptance of Representations’ if they agree you should not pay the penalty. The council will send you a ‘Notice of Rejection of Representations’ if they feel you should pay.

If you receive a ‘Notice of Rejection of Representations’ you must either pay the penalty or appeal to an independent Parking Adjudicator within 28 days using the appeal form provided with the Notice of Rejection. See below for how to appeal.


Statutory Grounds to Challenge a PCN or NtO

The contravention did not occur
For example : the contravention (as described on the ticket) did not happen; the parking restriction was not properly signed ; the reason for stopping was lawful in the circumstances (eg vehicle broken down or stopped briefly to pick up passengers). If you can you should submit evidence to support your claim (eg. if claiming you stopped to unload goods, send a copy of any delivery note).


Making a false statement or presenting false evidence to a council or an Adjudicator when making a Representation or an Appeal is a criminal offence carrying with it a maximum fine £5,000

PCN Contravention Codes – On Street Parking

CODE - DESCRIPTION

01
     Parking in a restricted street during prescribed hours

02     Parking or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force

04     Parking in a meter bay when penalty time is indicated

05     Parking after the expiry of paid for time at a pay & display** bay

06     Parking without clearly displaying a valid pay & display ticket**

07     Parking with payment made to extend the stay beyond initial time (‘meter feeding’)

08     Parking at an out-of-order meter during controlled hours

09     Parking displaying multiple pay & display tickets where prohibited

10     Parking without clearly displaying two**** valid pay and display tickets when required.

15     Parking in a residents’ parking space without clearly displaying a valid residents’ parking permit

16     Parking in a permit space without displaying a valid permit

20     Parking in a loading gap marked by a yellow line

21     Parking in a suspended bay/space or part of bay/space

22     Re-parking in the same parking place within one hour* of leaving

23     Parking in a parking place or area not designated for that class of vehicle

24     Not parking correctly within the markings of the bay or space

25     Parking in a loading place during restricted hours without loading

26     (London only) Vehicle parking more than 50 cm from the kerb and not within a designated parking place

27     (London only) Parking adjacent to a dropped footway

30     Parking for longer than permitted

31     (London only) Entering and stopping in a box junction when prohibited

32     (London only) Failing to drive in the direction shown by the arrow on a blue sign

33     (London only) Using a route restricted to certain vehicles

34     (London only) Vehicle seen contravening bus lane regulations

35     Parked in a disc parking place without clearly displaying a valid disc

36     Parking in a disc parking place for longer than permitted

37     (London only) Failing to comply with a give way to oncoming vehicles sign

40     Parking in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge.

41     Parking in a parking place designated for diplomatic vehicles

42     Parking in a parking place designated for police vehicles

45     Parking on a taxi rank

46     Parking on a clearway where stopping is prohibited

47     Parking on a restricted bus stop/stand

48     Stopped in a restricted area outside a school***

49     Parking wholly or partly on a cycle track

50     (London only) Failing to comply with a sign indicating a prohibited turn

51     (London only) Failing to comply with a no entry sign

52     (London only) Failing to comply with a sign indicating a prohibition on certain types of vehicle

53     (London only) Failing to comply with a sign indicating a restriction on vehicles entering a pedestrian zone

54     (London only) Failing to comply with a sign indicating a restriction on vehicles entering and waiting in a pedestrian zone

55     A commercial vehicle parked in a restricted street in contravention of the Overnight Waiting Ban

56     Parked in contravention of a commercial vehicle waiting restriction

57     Parking in contravention of a coach ban

58     (London only) Using a vehicle on a restricted street during prescribed hours without a valid permit

59     (London only) Using a vehicle on a restricted street during prescribed hours in breach of permit conditions

61     A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways

62     Parking with one or more wheels on any part of an urban road other than a carriageway (footway parking)

63     Parking with engine running where prohibited

99     (London only) Stopped on a pedestrian crossing and/or crossing area marked by zig-zags

70     Parking in a loading area during restricted hours without reasonable excuse

77     - - - RESERVED FOR DVLA USE - - -

80     Parking for longer than the maximum period permitted

81     Parking in a restricted area in a car park

82     Parking after the expiry of time paid for in a pay & display** car park

83     Parking in a pay & display** car park without clearly displaying a valid pay & display ticket** or parking clock

84     Parking with additional payment made to extend the stay beyond time first purchased

85     Parking in a permit bay without clearly displaying a valid permit

86     Parking beyond the bay markings

87     Parking in a disabled person’s parking space without clearly displaying a valid disabled person’s badge

88     - - - DELETED - - -

89     Vehicle parking exceeds maximum weight and/or height permitted in the area

90     Re-parking within one hour* of leaving a bay or space in a car park

91     Parking in an area not designated for that class of vehicle

92     Parking causing an obstruction

93     Parking in car park when closed

94     Parking in a pay and display car park without clearly displaying two****valid pay and display tickets when required

* Or other specified time
** Or voucher
*** Sometimes applies during term time only
**** Or other number



Privacy | Cookie Policy | Terms & Conditions | Contact Us | Google+       Copyright © 2004 - 2013 UKMOTORISTS.com. All rights reserved