Contesting Penalty Charge Notices

At Contestor Legal, our expert motoring law team provide specialised legal support to contest Penalty Charge Notices (PCNs), offering tailored strategies to challenge unfair fines and protect your rights. Issued by local councils or authorities like Transport for London for parking or traffic violations on public land, PCNs can often be successfully appealed with the right approach. Our team guides you through every step to achieve the best outcome.

Understanding Penalty Charge Notices

Penalty Charge Notices (PCNs) are issued by local authorities under the Traffic Management Act 2004 for offences such as parking on double yellow lines, overstaying in a parking bay, or driving in a bus lane. Unlike private Parking Charge Notices, PCNs are civil penalties, not criminal fines, and cannot lead to imprisonment. They are typically issued by civil enforcement officers, fixed to your vehicle, handed to the driver, or sent by post (e.g., for CCTV-captured offences). Our team help you understand the specific details of your PCN and the grounds for challenging it.

Grounds for Contesting a PCN

You may have valid grounds to challenge a PCN if:

- No Offence Occurred: You complied with parking or traffic rules (e.g., parked within time limits or paid correctly).

- Unclear or Missing Signage: Road signs or markings were confusing, faded, or absent.

- Procedural Errors: The PCN contains inaccuracies (e.g., wrong vehicle details, location, or date).

- Mitigating Circumstances: You had a valid reason, such as a medical emergency or vehicle breakdown.

- Incorrect Charge Band: The fine is in the higher band when it should be lower (e.g., charged for a serious offence like parking on double yellow lines when the violation was less severe, like overstaying a parking ticket).

- Grace Period Ignored: You were not given the mandatory 10-minute grace period after your parking time expired.

- Late Delivery: The PCN was sent by post more than 7 months after the incident without referencing the Protection of Freedoms Act, making it potentially unenforceable.

Our team will review your case, advise on the strongest grounds for appeal, and gather evidence like photos of unclear signage, witness statements, or proof of payment to support your challenge.

Informal Appeal Process

- If the PCN was fixed to your vehicle or handed to you, you can make an informal appeal within 14 days. This is not available for PCNs issued by post (e.g., via CCTV).

- Submit a letter or online form to the issuing authority, clearly explaining why the PCN is invalid. Include evidence like photos or receipts.

- Paying early (within 14 days) often secures a 50% discount, but paying may prevent further appeals, so we advise against it until your options are clear.

- We draft compelling informal appeal letters tailored to your case.

Formal Appeal Process

- If the informal appeal is rejected or unavailable, you’ll receive a Notice to Owner (NtO) by post, giving you 28 days to make a formal appeal (representation) to the council. 

- Our solicitors prepare a detailed representation, citing legal grounds and supporting evidence to challenge the PCN.

- If rejected, you’ll receive a Notice of Rejection with a Notice of Appeal (NOA) form for further action.

- If the formal appeal is rejected, you can appeal to an independent tribunal, such as the Traffic Penalty Tribunal (outside London) or London Tribunals (in London). This is free, and you can submit your case in writing or attend a hearing.

- Our team can represent you, presenting a robust case with evidence to argue for cancellation of the PCN.

- If the tribunal upholds the PCN, you must pay within 28 days, or the fine may increase by 50%, and the council could pursue court action, potentially affecting your credit rating.
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