PCN Appeal: Contravention Did Not Occur

Council PCN or private parking charge: why the difference matters

Before you appeal, identify who issued the notice. A council or local authority PCN is issued under the Traffic Management Act 2004. It carries a statutory appeal process and is enforced through the civil courts. A charge from a private operator (such as those run by NCP, Euro Car Parks, or similar companies) is a contractual claim under private law and is enforced differently.

The appeal routes, deadlines, and legal protections differ significantly between the two, so confirming which type you have is the first practical step.

What this ground actually covers

This ground is broader than it might first appear. It covers any situation where the factual basis of the charge is wrong, not only cases of mistaken vehicle identity. The following are common examples of situations where it applies.

• ▸The vehicle registration on the PCN belongs to a different vehicle, due to a camera misread or an officer's keying error.
• ▸The restriction was not in force at the time. A loading bay operating between 8am and 6pm cannot generate a valid PCN at 7pm.
• ▸You held a valid permit, blue badge, or exemption that the enforcement officer failed to check or record.
• ▸You were loading or unloading goods within the permitted period and the activity was lawful at that location.
• ▸The enforcement photograph or CCTV footage shows a vehicle at a different location, or the date and time are inconsistent with your own records.
• ▸A bay suspension sign was present but the suspension had not been correctly authorised, or it had already expired before your vehicle arrived.

The council PCN appeal process

When you receive a council PCN, you have two options at the first stage. If you pay within 14 days (or 21 days for a PCN issued by post or CCTV camera), you pay a reduced amount of 50% of the full penalty. If you want to challenge the PCN instead, submit an informal challenge in writing to the issuing council. Do not pay while that challenge is being considered.

If the council rejects your informal challenge, it will issue a Notice to Owner to the registered keeper of the vehicle. You then have 28 days to make formal representations in writing, setting out your grounds. If those representations are also rejected, the council issues a Notice of Rejection and you have 28 days to appeal to an independent adjudicator. In London, appeals go to London Tribunals. Outside London, in England and Wales, they go to the Traffic Penalty Tribunal. The adjudicator is independent of the council and their decision is binding.

Missing the Notice to Owner stage is serious. If you neither pay nor make representations within 28 days of receiving it, a charge certificate is issued, which adds a further 50% to the penalty. The debt then moves to the Traffic Enforcement Centre and the options for contesting it become much more limited. Act within every deadline.

Private parking charges: how the appeal process works

Private parking operators belong to one of two trade associations, the British Parking Association (BPA) or the International Parking Community (IPC). This determines which independent appeals service is available to you after the operator rejects your initial appeal. BPA members use POPLA (Parking on Private Land Appeals). IPC members use the IAS (Independent Appeals Service).

For the operator to pursue the registered keeper of a vehicle rather than the driver, it must comply with the strict notice requirements set out in Schedule 4 of the Protection of Freedoms Act 2012. If the operator failed to serve a valid keeper notice within the required timeframes, keeper liability does not arise. This is a separate but related point worth checking alongside your core argument that the contravention did not occur.

Evidence to gather before you write your appeal

The strength of this ground depends almost entirely on evidence. Gather the following before drafting your appeal.

• ▸Photographs of the location taken as soon after the alleged contravention as possible, showing road markings, restriction signs, bay lines, and any permit or badge visible in the vehicle.
• ▸Your own records: parking receipts, app payment confirmations, permit documents, or diary notes recording where your vehicle was at the relevant time.
• ▸CCTV or dashcam footage. You can request the enforcement authority's own evidence; they are required to provide it.
• ▸Witness statements from anyone who was present.
• ▸If the ground relates to a restriction not being in force, request the relevant traffic regulation order from the council. These are public documents and must be provided on request.

Writing your appeal

Keep your appeal focused. State the ground clearly at the start: the contravention did not occur. Set out the facts in chronological order and attach your evidence directly to the submission. Avoid raising general complaints about parking policy or the conduct of the enforcement officer. Adjudicators and independent appeals services assess facts and law, not general grievances.

Quote any specific detail from the PCN that is demonstrably wrong, for example a registration number that does not match your vehicle, and cross-reference it with your evidence. If you are making formal representations to a council, you may also raise any procedural error in how the PCN was issued as a secondary point, without weakening your primary argument.

Submit everything in writing and keep copies. If you appeal online, take screenshots of the submission confirmation as proof of the date.

Frequently asked