Before you appeal please note that Disabled Motoring UK is only able to advice on a PCN and how to appeal it. The charity is unable to appeal on your behalf. DMUK cannot not partake in any of the appeal process including the outcome of the appeal. Those decisions include both councils and private operators that support the charity’s campaign for enforcement of accessible bays as well as car parks awarded with the Disabled Parking Accreditation.

What to do when you receive a Penalty Charge Notice (PCN)

Make sure that you find and understand what contravention the PCN has been issued for. An example could be a vehicle parked in a designated disabled person’s parking place without displaying a valid disabled person’s parking badge (Blue Badge) in a prescribed manner. There are many other types of contraventions. For more details on the types of contraventions contact the council that issued the PCN.

If you want to appeal then do not pay your PCN before you appeal. If you pay then your application will not be accepted and the council will process your payment as your acceptance of the contravention.

Ground for appeals

If you feel the PCN has been issued incorrectly then you have right to appeal. Collect appropriate evidence to support your case as to why the PCN has been issued incorrectly. Your appeal can be submitted on the grounds:

  • the alleged contravention did not occur
  • you were not the owner of the vehicle at the time of the contravention
  • the vehicle had been taken without your consent
  • the Penalty Charge exceeds the applicable amount
  • there was a procedural impropriety or Traffic Order was invalid.
Mitigating circumstances

If you feel mitigating circumstances where the reason for the contravention then you can still appeal.  Normally the circumstances are incidents such as medical emergency or something that could not be avoided at the time of the contravention.

One of the most common contraventions is forgetting to display a valid Blue Badge. The argument of whether the PCN was issued correctly cannot be argued in this case. It is up to the council (DMUK is unable to be involved) to decide whether mitigating circumstances can be accepted. It is vital in those cases to provide as much evidence as possible. Some councils use discretionary powers to cancel those types of PCN some do not.

As with all similar types of circumstances it is strongly advised that significant evidence is provided.

How to appeal a Penalty Charge Notice

  1. Informal Appeal – you can appeal as soon as you receive a PCN on your car. The way of appealing and contact details should be included on the PCN. Supply all appropriate evidence to support your appeal including the PCN number. The council will either accept or reject your appeal. Failing to do an informal appeal has no effect on your formal appeal.
  2. Formal appeal – If your informal appeal was rejected then you can appeal formally. You will be sent by post a formal document (Notice to Owner) regarding your contravention including how you appeal formally. You will receive the Notice to Owner because either your informal appeal was rejected or you did not appeal up to this point. You can either pay or send in evidence supporting your formal appeal.
  3. Independent Tribunal – If you are still unhappy with the results of your formal appeal you still have the right to have your case heard by an Independent Adjudicator.
  • PCNs issued outside London and in England and Wales then Penalty Traffic Tribunal  deals with the appeals. Tel: 0800 160 1999 Website: www.trafficpenaltytribunal.gov.uk
  • PCNs issued in London then your appeal can be done through London Tribunals which used to be PATAS. This can be done online at https://londontribunals.org.uk/ there number is 020 7520 7200

There is no cost going through the tribunal process and you can do it over the phone, in writing or you can attend a personal hearing. The process is completely independent. However, adjudicators will only decide if the ticket was issued correctly or incorrectly and the case will be concluded accordingly. It is important to note that adjudicator normally do not consider mitigating circumstances as a part of the appeal.

If you appeal is successful the council will notify you and you will not have to pay anything. If you are not successful then you will have to pay within 28 days. If you do not pay within 28 days the council will send you a Charge Certificate and the charge will be increased by 50%.

Appeal in Scotland

When appealing a PCN issued by a council in Scotland the process is mostly the same as it is above. The main difference is with regards to the Tribunal process. For Scotland they have a different body you do your appeal to reject ion of your formal appeal to the council. You have to do this through The Parking and Bus Lane Tribunal for Scotland. You are able to submit your appeal through the form on the website at https://www.mygov.scot/parking-appeals/how-to-appeal/ or you can request a postal appeal form by phone 0330 123 5582. You will have to give your name address to request this.

Appeal in Northern Ireland

Enforcement is the responsibility of the Department of the Environment Roads Service.

The Parking Enforcement Processing Unit (PEPU) is responsible for collecting parking ticket fines, enforcing non-payment and dealing with appeals. If you want to challenge a PCN then contact them via the methods they say on the PCN.

If PEPU rejects your parking ticket appeal, you can appeal through the NI Traffic Penalty Tribunal Tel: 0300 200 7812, Email: TribunalsUnit@courtsni.gov.uk

The tribunal has similar system of dealing with appeal as in England and Wales.

The tribunal has similar system of dealing with appeal as in England and Wales.