Council PCN: challenges and formal representations

Types of Penalty Charge Notice

• On the spot - fixed to the windscreen or handed to the driver by a civil enforcement officer.
• By post, from a camera - the notice itself starts the formal stage.
• By post because the officer was "prevented" - for example, if the car was driven away while the officer was writing the ticket.

Councils must normally serve a camera PCN by post within 28 days beginning with the date of the contravention, unless they had to wait for the DVLA's keeper details (SI 2022/71, regulation 10).

The discount

In England, councils must accept 50% if you pay within 14 days of the PCN being served, or 21 days for camera PCNs served by post (DfT statutory guidance). If you challenge within the discount period and the council rejects it, the Secretary of State recommends the council considers re-offering the discount for a further 14 days.

Informal challenges (on-the-spot tickets)

Before a Notice to Owner arrives you can challenge informally, usually through the council's website or the address on the PCN. GOV.UK says you won't have to pay if your challenge is accepted, and the guidance suggests councils respond within 14 days. Challenge within 14 days to protect the discount.

The Notice to Owner and formal representations

If the PCN isn't paid or cancelled, the council can serve a Notice to Owner, but not until the 28-day payment period in the PCN has expired, and not more than six months later (SI 2022/71, regulation 20). You then have 28 days from service of the Notice to Owner to make formal representations. A posted notice is treated as served on the second working day after posting.

The statutory grounds

Formal representations can be made on these grounds (SI 2022/576, regulation 5(4)), and/or on the basis that there are compelling reasons to cancel:

• the alleged contravention did not occur;
• you were never the owner, had sold it before, or bought it after the contravention;
• the vehicle was in the control of someone without the owner's consent;
• you're a vehicle-hire firm and the hirer signed a liability statement;
• the penalty exceeded the amount applicable;
• there was a procedural impropriety by the council;
• the order said to have been contravened is invalid;
• (for a postal "prevented" PCN) no officer was prevented from serving it;
• the penalty had already been paid in full, or the discounted amount was paid in time.

Councils also have a general discretion to cancel a PCN at any stage, even where a contravention happened (DfT statutory guidance).

The 56-day rule

The council must consider your representations and serve its decision within 56 days. If it doesn't, it is "deemed … to have accepted the representations" and must cancel the notice and refund anything paid (SI 2022/576, regulation 6). Keep proof of when you sent your representations.

The independent tribunal

If your representations are rejected you'll get a Notice of Rejection. You then have 28 days to pay or appeal to an independent adjudicator, for free:

• London Tribunals (Environment and Traffic Adjudicators) for London boroughs and TfL (londontribunals.gov.uk).
• The Traffic Penalty Tribunal for England outside London, and Wales (tpt.gov.uk).

Adjudicators decide on the law and the evidence. They can't cancel a penalty for mitigation alone, but they can recommend that the council reconsiders.

Grace periods and Blue Badges

In England, a penalty charge must not be issued to a vehicle that stayed in a parking place on a road or in a council car park for up to 10 minutes beyond the permitted time (DfT statutory guidance). This doesn't apply to yellow lines or loading restrictions.

Under the national Blue Badge scheme in England, badge holders can usually park on single or double yellow lines for up to 3 hours (with the badge and the blue clock displayed) unless there's a loading ban, and park free at on-street meters and pay-and-display bays, but some central London boroughs run their own rules, and off-street car parks set their own.

Charge certificates and beyond

If nothing happens within 28 days of a Notice to Owner, the council can issue a charge certificate, increasing the penalty by 50%, and then register the debt with the Traffic Enforcement Centre. If you never received the earlier notices, there are specific procedures to ask for the process to be reset. Get free advice from Citizens Advice before paying anyone to help.