Appealing a parking ticket: How to fight a PCN

No one likes to see a parking ticket on their windscreen, but don’t pay straight away – we show you how to appeal and protect yourself in future.

• We explain how to fight a parking ticket
• Find out if your ticket was unfair
• Parking tickets on private land explained

More than eight million parking tickets were handed out by private firms alone last year in the UK – equivalent to more than 20,000 a day – so unless you are very careful, there’s a chance you will find one of those annoying plastic envelopes stuck to your windscreen. 

However, receiving a ticket doesn’t necessarily mean you have to pay it. Our guide will show you if you can appeal and how to do it.

What is a PCN?

PCN stands for Penalty Charge Notice, the formal name for a parking ticket. The name is important, because other types of ticket that can be issued are an Excess Charge Notice or Fixed Penalty Notice, and because these are criminal rather than civil actions, they require a different appeal process, which we’ll come to later

Matters are further complicated because the type of parking ticket you can receive depends on who it is issued by.

There is a crucial distinction between ‘official’ parking tickets issued by local councils, the police or Transport for London, and tickets that are issued by private companies operating on behalf of a business or land owner.

If you receive a ticket, examine it closely to determine what kind it is, because under the letter of the law a private firm cannot issue you with a parking ticket, only an invoice for an alleged breach of contract. However, private firms usually make these fines look exactly like parking tickets in the hope that you will treat them as such and pay them straight away.

What should I do if I have a parking ticket?

The most important thing to do if you return to your car and you have a parking ticket is to gather and retain as much evidence at the time as possible. If you bought a ticket to park, keep this safely, retain any banking records that show you have paid for parking, and take pictures of your car at the location, any road markings and parking signs that may support an appeal.

Is a Penalty Charge Notice a criminal conviction?

A Penalty Charge Notice is regarded as a civil offence, so is not considered a criminal conviction even if you decide not to pay, although you can be pursued through the county court system for a failure to pay.

If a council does not have civil parking enforcement in operation, then parking may be enforced by the police or police-employed traffic wardens, and here parking offences as well as some other offences such as parking on red routes or pedestrian crossings will result in a Fixed Penalty Notice, which is a criminal offence.

How do you appeal a Penalty Charge Notice?

If you have received a Penalty Charge Notice, rather than a parking charge (which may look just like a PCN) for parking on private land, then you must appeal to the issuing authority stated on the ticket.

Will I lose the parking fine discount if I appeal?

Most authorities offer a 50% discount if you pay the fine within 14 days, but generally speaking if you make an appeal straight away, even if you lose you will still benefit from the discounted rate.

However, it is important to note that there are two kinds of appeal. An informal appeal is made by sending a letter or email appealing the charge, and the contact details should be listed on the ticket. Some authorities also allow you to submit an appeal via their website.

A formal appeal is required if you chose not to make an informal appeal, if your informal appeal was rejected or you received your ticket by post – this usually occurs because your violation has been caught by CCTV.

Whether you are making an informal or formal appeal, make your case clearly, including any available evidence you have such as photographs, video, witness statements and any mitigating circumstances.

What is the success rate of PCN appeals?

According to the most recent data, PCN appeals have a success rate over 50%. So if you think you have grounds to appeal it is worth taking the time to do so, as in most instances you will still be able to pay the fine at the reduced rate if you are unsuccessful.

If both informal and formal PCN appeals are unsuccessful, you have the option to take it to tribunal, which has a success rate between 50% and 64%, depending on the location.

Can I take it further?

If both informal and formal appeals are unsuccessful, you have the option to take your case to an independent tribunal.

This is a free service, and you can make your appeal in writing, online or by telephone if you do not wish to appear in person.

As before, include all the evidence previously submitted and review all your information for accuracy.

The tribunal body varies depending on your location, with a separate body for London, Northern Ireland and Scotland, and one covering England and Wales.

How do I appeal a parking ticket on private land?

If you have parked on private land and received a ticket, it should not be labelled as a Penalty Charge Notice – this terminology can only be used by police or local authority-issued tickets.

However, many private parking firms will make their tickets look very similar to actual PCNs in the hope that you will pay up. But the law is clear in these instances – private parking companies do not have the right to fine you, only to issue you with an invoice for an alleged breach of contract, in this instance the terms you informally agreed to by parking in the area they are responsible for.

This is a crucial difference, because it affects both your legal rights and the process of appeal.

Is the driver responsible for a parking ticket?

In these circumstances, even if the driver is responsible for collecting the ticket, ultimately the owner of the vehicle will be held responsible for any charges if they do not know, or cannot determine, who the driver was at the time.

What is the process for appealing a private parking ticket?

As with an official PCN, the most important thing to do is gather evidence at the scene, including any tickets that show you have paid for parking, and pictures of signs, markings or anything else that is relevant to your case.

There are two main methods to appealing a ticket issued by a private firm – you can use the formal appeals process, which is similar to that for a genuine PCN and should be indicated on your ticket. The other, more risky, option is to write to the company stating that you will refuse to pay and give the reasons why.

How do I appeal if the parking company is not a member of a trade body?

If the company issuing the parking fine is not a member of a trade body, it means that if you appeal using its appeals process you do not have the option to take it to a further appeal through Popla or the IAS if initially unsuccessful.

Assuming the parking company has its own appeals process, by using this you are accepting the validity of the fine. It is therefore a matter of judging the risk for yourself, and instead of appealing you may wish to write a letter as suggested previously and state that you will not be paying the fine and give your reasons why.