Is There a Time Limit for Issuing PCN & Can I Appeal It?

Have you been given a penalty charge notice (PCN) for parking where you shouldn’t have? Many people get a PCN and feel worried about it. In fact, over 32,000 people visit this website each month for advice on tickets and fines.

In this easy guide, you’ll learn about:

•  What a PCN is and why you might get one
•  Steps to appeal your PCN and maybe not have to pay it
•  How a PCN is different from a parking charge notice
•  The rules about when a PCN should be given to you
•  Where to go for more help if you need it

We know what it’s like to get a PCN, and we’re here to help you. So, let’s look at what you can do if you’ve been given a PCN.

Why Are You Given a PCN?

There is a range of reasons why you might be given a parking ticket. Some of these apply to both official and private parking fines, others are unique to just official fines. I have listed some of these reasons below.

• General parking offences
  • Parking in a permit holder-only bay without displaying a valid permit.
  • Parking in a pay-and-display car park without displaying a valid ticket.
  • Parking in a disabled bay without displaying a valid disabled sticker.
  • Overstaying the time you paid for when parking.
  • Taking up more than one parking bay.
  • Parking in a no parking zone.
• Parking offences on public roads
  • Parking on a double yellow line.
  • Parking in a bus lane.
  • Parking in a box junction.
  • Stopping in a no-stopping zone.

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The Time Limit in England and Wales for Issuing PCN

In this section, I need to split out the two different types of parking fines again, as the time limit rules are different for each.

• Parking charge notice – whether there is a time limit for being issued a private parking fine depends on whether the notice itself references the Protection of Freedoms Act. If it does, and the notice was sent to you by post, then you should have received it within 14 days. Whilst on the subject of time limits, you should note that for most parking charge notices, if you pay the parking fine within 14 days of the date of issue of the notice, you will be given a discount of around 40% to 60%,
• Parking charge notice – there is no legal time limit within which you must be issued a penalty charge notice, if it is sent late it could impact your chance to get a 50% discount on the parking fine. You only get this discount if you pay the fine within 14 days of the penalty charge notice being issued.

The Time Limit in Scotland for Issuing PCN

The time limits for being issued with a parking charge notice or a penalty charge notice in Scotland are almost identical to England and Wales. In relation to a parking charge notice for a private parking fine, the parking operator is expected to send you the notice within a timeframe that makes it possible for you to pay the fine within the 14-day period when you will get a reduction on the amount of the fine.

Do You Have To Pay the PCN?

Now we come to a very important question. Do you actually have to pay your parking fine? Or can you just ignore it and not pay once you are issued the notice? No surprise here that the situation is very different between official and private parking fines.

• Parking charge notice – in some cases, you can happily ignore a parking charge notice that was left on your vehicle. But only if the parking operator is not a member of an Accredited Trade Association (ATA). Parking firms that are not ATA members, cannot ask the Driver and Vehicle Licensing Authority (DVLA) for details of the owner of a car, for which they have the licence plate number. ATA members can find out who owns a specific vehicle, and will send a parking charge notice to the registered owner. Although the parking fine is not legally enforceable, the parking firm can treat the fine as a debt. Meaning they can hand it over to a debt collector for collection, which could eventually see you facing a County Court Judgement (CCJ) for a bad debt if you don’t pay.
• Penalty charge notice – you cannot ignore a penalty charge notice as these are legally enforceable. You have to pay the fine, in full, within 28 days of the date of issue of the notice. If you don’t pay within this timeframe, the legal process for enforcing payment will be triggered. This begins with the authority sending you a charge certificate. At this stage, the amount of the fine will be increased by 50%. If you do not pay after the charge certificate has been issued, you face court action to enforce payment of the parking fine.

Can You Appeal Against a PCN?

You can appeal against both a parking charge notice and a penalty charge notice. However, the process of making an appeal against a parking ticket is different for private and official parking fines. I have outlined the two different processes below. Something to keep in mind though is that you have nothing to lose by making an appeal, and a high percentage of appeals are successful. So you should always try an appeal before you pay.

Appealing against a parking charge notice

Initially, you will make an appeal to the private parking operator. This is generally done online, but if you want to appeal by post, details of where to send your appeal will be found on the notice. For example, if you want to appeal against a Tesco parking fine, you should look at the parking charge notice, find out who the parking firm is that issued the notice, and then check the official company website for a way to start an appeal online. You will need to provide the parking charge notice number and your vehicle registration to start the appeal. You will also want to provide evidence to support your appeal, such as:

• A valid ticket for the time you were parked.
• A letter from a garage stating your vehicle was broken down.
• Witness statements from people to support your argument.
• Photographic evidence showing poor signage or road markings.
• A letter that gives permission for parking by the land owner.

If your informal appeal wasn’t successful, you can then make a formal appeal through the ATA that the parking form is a member of. Either the British Parking Association (BPA) or the International Parking Community (IPC). You have to start this formal appeals process within 28 days from the date your informal appeal was rejected.

You have one further option open to you if the formal appeal is rejected as well. You can enter the formal representation stage. This means going to court to argue your case. But be aware, if you lose the case, you will have to pay court costs, your lawyer, and the original fine, which may be increased as a result of the court proceedings.

Appealing against a penalty charge notice

If you want to appeal against a penalty charge notice from the local authority, there is a very clear process that should be followed. Initially, most councils provide a web portal for starting an appeal, or you write to the council to start the appeals process. If you do write to the council to start an appeal, be sure to include key information such as your name, address, the date and time of the alleged parking offence, and your vehicle registration. When starting an appeal online, or in writing, include the same kind of evidence that I listed in the previous section. If you lose this appeal, you will be sent a Notice to the Owner, telling you to pay the fine.

If your appeal is unsuccessful, you then have the option of taking the matter before a tribunal. This will either be the Traffic Penalty Tribunal or London Tribunals, depending on where you live. If you lose this appeal, you will be given 28 days to pay the fine in full, and if you do not, a further 50% will be added to the amount of the fine, and the council can then begin the process of collecting the debt through the court system.