Parking Ticket Appeals Fight unfair council parking tickets

If you've been clamped or towed away jump read the relevant grounds below.

1. The alleged contravention did not occur.

   In plain English: The traffic warden or council got it wrong.

   This is the one most people fall into as it covers unclear signs or markings. Classic examples are when signs or markings have faded, are blocked by trees or other objects, have been tampered with, or when signs or road markings contradict each other or are ambiguous. It also covers instances when an over-zealous traffic warden incorrectly plonked a ticket on the windscreen.

   For more details on parking rules read the How To Park Right article and the news section on the AppealNow website (the site also charges a fee from �7.99 to appeal for you but you don't need to do this to read the news pages).

   Additionally, this ground applies to those who were buying a pay & display ticket, or who were on the way to buy a ticket when their car was ticketed. However, if you bought your parking ticket, say 10 minutes after the penalty was issued, you are unlikely to win. We're only talking about a few minutes here.

2. The penalty exceeded the amount applicable in the circumstances of the case.

   In plain English: You were overcharged.

   The cost should be no more than the standard charges, see the charges list to check.

3. There has been a procedural impropriety by the Enforcement Authority.

   In plain English: The council made an administrative error.

   This applies when councils have failed to include all the required information on their tickets or 'Notice to Owner' letters, which renders the charge invalid. If you've been unfairly fined, this is a useful tactic to ensure your appeal wins.

   According to the sexily named Civil Enforcement of Parking Contraventions General Regulations (2007), there's a list of information that must be contained and accurate on a civil Penalty Charge Notice, see the full list (there's a slightly different list for posted tickets).

   In all cases, a council must respond within 56 days of receiving your formal appeal otherwise the penalty is unenforceable.

4. The order alleged to have been contravened in relation to the vehicle concerned is invalid.

   In plain English: They added a new restriction, e.g. a yellow line, and didn't follow proper procedures in doing so.

   It's unlikely you'll ever appeal under this ground. When applying a new parking restriction, the council must follow certain procedures such as consulting upon its proposed changes. Only if it has not followed the correct procedures, can this ground come into play, and even then, you only have six weeks after the restriction came into force to dispute it.

5. The Penalty Charge Notice was served by post because the council say the Civil Enforcement Officer was prevented by some person from fixing the Penalty Charge Notice to the vehicle or handing it to the person in charge of the vehicles, but this did not happen.

   In plain English: The council wrongly claims you, or someone else, prevented a traffic warden from giving a ticket.

   It's very specific that you can only appeal if no-one prevented the officer fixing the ticket, so if someone else prevented them without you knowing you're out of luck.

6. The appellant did not own the vehicle when the alleged contravention occurred.

   In plain English: You were not the owner when the 'offence' took place.

   If the previous owner committed the offence you need to prove you were not the owner at the time, which your log book or dealer/showroom receipt will show. If you sold the car before the contravention occurred then you'll need to send copies of the receipt of sale and proof you informed the DVLA.

7. The owner is a vehicle hire firm and the vehicle was on hire under a qualifying hiring agreement.

   This only applies to hire firms and is beyond the scope of this guide.

8. The vehicle was taken without the owner's consent.

   In plain English: Your vehicle was stolen and the thief committed the offence.

   If your vehicle is stolen, not lent to someone, and the thief parks illegally, the ticket will be waived if you can prove it was stolen. To do this you need to have reported the incident to the police.

9. The penalty's already been paid (i) in full; or (ii) at the discount rate and in time.

   In plain English: You've paid the relevant fine in time, so it shouldn't have been increased.

   If you made a genuine attempt to pay but the council hasn't received your money then gather any evidence that you paid on time. If the money has left your account use your credit card or bank statement as evidence.

   If money hasn't yet left your account you'll need to prove you attempted to pay within 14 days to earn the discount. You can also use cheque stubs, internet or phone records, or even the history page of your browser as evidence.

Once you've picked your ground to appeal jump to Step 3: How to appeal. If none fit, read the mitigating circumstances section.

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1. The alleged contravention did not occur.

   In plain English: The traffic warden or council got it wrong.

   This is the one most people fall into as it covers unclear signs or markings. Classic examples are when signs or markings have faded, are blocked by trees or other objects, have been tampered with or when signs or road markings contradict each other or are ambiguous. It also covers instances when an over-zealous traffic warden incorrectly plonked a ticket on the windscreen.

2. The council had no power to remove or clamp the vehicle.

   In plain English: It shouldn't have clamped or towed you.

   If the ticket was issued because either there was no pay-and-display ticket displayed, or an expired pay-and-display ticket, the council must wait 30 minutes after serving the Penalty Charge Notice before clamping or towing you away. This is reduced to 15 minutes for anyone with three or more outstanding parking tickets.

3. The vehicle was taken without the owner's consent.

   In plain English: Your vehicle was stolen and the thief committed the offence.

   If your vehicle is stolen, not lent to someone, and the thief parks illegally, the ticket will be waived if you can prove it was stolen. To do this you need to have reported the incident to the police.

4. The vehicle was not in a civil enforcement area for parking contraventions.

   In plain English: You were clamped where the council had no jurisdiction.

   If the vehicle was parked on land where the council had no right to enforce parking, e.g. a private car park, then it shouldn't have clamped or towed you.

5. The penalty, release or storage charge exceeded the applicable amount.

   In plain English: You were overcharged.

   The cost should be no more than the standard charges, see the charges list to check.

6. here has been a procedural impropriety by the Enforcement Authority.

   In plain English: The council has made an administrative error.

   Under those sexily named Civil Enforcement of Parking Contraventions General Regulations (2007), again, the person fixing the clamp must also first issue a Penalty Charge Notice and obey the following three rules:

   • It must indicate you've been clamped. This should include a visible warning that no attempt should be made to drive it until it has been released from that device.

   • It must tell you how to get it unlocked.

   • It must warn you not to touch it. This means it should say that unlawful removal of an immobilisation device is an offence.

   Plus it must follow the correct Penalty Charge Notice procedures. There's a list of information that must be contained and accurate on a civil Penalty Charge Notice, see the full list (there's a slightly different list for posted tickets).

7. No PCN was served before the vehicle was removed.

   In plain English: You were towed away before a ticket was issued.

8. A current disabled person's badge was displayed on the vehicle (clamping only)

   In plain English: This one's pretty plain anyway.

   A valid disabled badge holder can't be clamped. Cars can be relocated to a safer place but should not be removed to the pound.

Once you've picked your ground to appeal jump to Step 3: How to appeal. If none fit, read the mitigating circumstance section below.

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This is a three-stage process, though hopefully you'll win early then it's all over. However, anecdotal evidence suggests some councils and authorities automatically reject first and second appeals so you may need to pursue the matter all the way to the adjudicator.

I've focused on the rules in England and Wales below, although it's by and large the same in Scotland and Northern Ireland, with only very minor differences. For precise info go to the NI Traffic Penalty Tribunal site or call the Scottish Parking Appeals Service on 0131 221 0409 as it has no website.

Stage 1. Make an informal appeal

This only applies to people who've had a Penalty Charge Notice stuck on their windscreen, if you were clamped, towed or had a ticket by post there's no informal appeal procedure so go straight to Stage 2: Formal appeals.

Just write to the council

There should be an address, email address or fax number on the back of the ticket to challenge the penalty. Quite simply, write to the council to explain why you think the charge was unfair. As this is an informal process there are no set grounds for appeal and no forms to fill out, just send a letter. If you're not sure what to write then here's a template to help:

Submit all evidence to give yourself a greater chance of winning, and include your address, your vehicle registration number and the ticket (PCN) number. Some councils allow you to view any photographic evidence they have against you on their website.

Try to respond within 14 days

Get your letter in as soon as possible, preferably within the 14 day limit you have to pay a reduced fine, as then most councils allow you to pay this reduced rate even if they reject the appeal. However if you miss that, you do have 28 days in total to write.

If you've run out of time you don't actually need to make an informal appeal and failing to do so won't influence whether you successfully challenge the ticket later on, yet in many circumstances there is no harm in trying.

What happens next?

If you win, which happens, but is rare, then HOORAH! If not, then you will need to move to the formal stage of appeal. At this point I've an important warning...

Take it any further, and you lose your chance to pay at the reduced fee if the appeal fails.

Don't let this put you off carrying on provided you think you've a good case. Around 70% of the cases that get to the final appeal stage are successful. However, if you were taking a bit of a punt, best to stop now.

Stage 2. The formal appeal process

You will have got to this stage in one of four ways:

• You didn't make an informal appeal
  
  If you ignored the ticket for the first 28 days it's not too late to start your appeal. See the section below when the informal appeal is turned down, as the process will be the same.
• The informal appeal was turned down
  
  At this point the council sends a form called a Notice to Owner to the registered owner. This demands full fee payment but is also a formal appeals form. Once you receive it you've 28 days to pay or appeal, or the penalty could increase by another 50% and you'll lose the chance to appeal. Full details of what this should include: Notice To Owner Ticket Requirements.
• Posted Tickets
  
  The ticket should include a formal appeal form. If you appeal within 14 days, or 21 if caught by CCTV, you'll usually get the opportunity to pay the reduced rate if your appeal is rejected. In addition, where you're caught on CCTV you can ask for any photographs or other evidence the council uses against you to be posted or be allowed to view them at the council's office. Full details of what this should include: Posted Parking Ticket Requirements.
• If you were clamped or towed away
  
  You'll get a form with the ticket, or from the pound, to appeal within 28 days. On it you'll need to state your personal details, the relevant ground(s) for appealing and an explanation to outline your appeal.

Writing the appeal

Simply fill out the form stating all the details. The form includes a space for you to put the grounds for appeal, but it's easier to write a separate letter outlining your appeal to ensure you've enough space to get all your points across. To help here's a template to help:

If you made an informal appeal, resend all the information as it's likely it'll be read by someone else who may not have the original details. Some councils allow you to view any photographic evidence they have against you on their website. The council has 56 days to respond to a formal appeal or you win by default.

What happens next?

One of two things:

1. You win

   If the council upholds your appeal then it'll write to you. HOORAY!

2. You go to the next stage

   If it sends a Notice of Rejection of Representations letter, you'll then receive a form called a Notice of Appeal to challenge the ticket at an independent tribunal. At this point you will have lost the chance to pay at half price anyway, so there's no harm in continuing to the next stage, and you're more likely to succeed there.

   In a tiny, tiny number of instances the independent tribunal can award costs to a council if it rejects your appeal and thinks you've made a 'frivolous, vexatious or wholly unreasonable' appeal (for example, you blatantly blocked a hospital entrance and are still appealing).

   You need to submit the form within 28 day of receiving it. This date is deemed to be two working days after the letter's date.

Stage 3: Final appeal to the independent tribunal

Now, providing you've been through the processes above, there are four bodies which hear tribunals.

Don't be put off by the idea of going to the adjudicator, actually this is quite good news. First of all, it's an adjudicator appointed by government not any council or authority and is completely independent. And most importantly, to clear up any confusion...

It's free, it's not like a court hearing and you DON'T have to attend; it can be done by post, email or fax.

You do have the option of a personal hearing (and in some cases, a telephone hearing) if you'd like to explain yourself, but for most people, a written appeal will suffice as long as you supply the relevant evidence to support your case.

Which body carries out the appeal depends on where the incident happened:

• England and Wales (excl. London): Traffic Penalty Tribunal.
• Northern Ireland: Northern Ireland Traffic Penalty Tribunal.
• Scotland: The Scottish Parking Appeals Service, no website so call 0131 221 0409.
• London: The Parking & Traffic Appeals Service.

You'll get the relevant form to appeal from the council. Again, submit every last smidgen of relevant evidence as the adjudicator won't have seen any of the evidence you previously submitted. As with a formal appeal to the council, it's worth sending a separate letter attached to the form outlining your case. Here's a template to help:

What happens next?

If the appeal is made in person or on the phone the adjudicator will normally tell you of the decision there and then. Otherwise, you'll get a letter with the decision. There are four possible outcomes:

• You win. HOORAH!
• You lose. You need to pay the penalty within 28 days or the fine can increase by 50%.
• The appeal's adjourned. It's rare but happens if the adjudicator requires further information.
• The appeal's dismissed but the adjudicator considers that there are compelling reasons why the penalty should not be paid.
  
  This is usually due to mitigating circumstances. The adjudicator can't force the council to waive the penalty but can ask it to. The council then has 35 days to notify you and the adjudicator of its decision. If it doesn't respond in time, you win by default.

Can you appeal again if you lose?

For 99.9% of those who lose their appeal to the adjudicator the answer is 'no' and your case is closed. In some limited circumstances you may be able to take things further and this will be explained to you if you lose your appeal, but can be costly and could involve going to court, so seek legal advice.

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If you're in the rare position of having an Excess Charge Notice issued by a council that's yet to adopt a civil regime then there's a three stage process, though obviously if you win earlier on you won't have to go through it all.

Stage 1. Make an informal appeal

Whether you have 7 or 14 days to appeal depends on the council, so ensure you check the ticket carefully. If you submit an appeal on time most councils will still allow you to pay the reduced ticket rate if the appeal is rejected. At this point, there's generally no form to fill out, you simply need to send a letter. Here's a template to help:

Make sure you submit all supporting evidence to give yourself a greater chance of winning; and include an address, your vehicle registration number and the ticket number.

What happens next?

If you win, which happens but is rare, then HOORAH! If not then you will need to move to Stage 2, the formal stage of appeal. At this point I've an important warning...

Take it any further and you'll lose your chance to pay at the reduced fee if the appeal fails.

So if you've just been taking a punt it's worth seriously considering giving up at this point. Even if you believe in the justice of your case, it's worth balancing out what you'll gain by winning, with the time and cost of losing.

Stage 2. Appeal to a more senior parking official

Some councils may then give you the opportunity to appeal again to a more senior parking official. If they do, it'll be explained on your rejection letter.

If they don't, move to Stage 3. However, it is unlikely you'll be able to pay the fine at the reduced rate if you appeal again.

Stage 3. Appeal to the Ombudsman

At this point, the council will send a letter demanding payment and there are no more official routes of appeal via the council. There is the option of appealing to the relevant Ombudsman service, which is free, and ask it to investigate if you feel the council has got it wrong or failed to show discretion regarding mitigating circumstances.

However, an Ombudsman can only usually intervene where there has been a procedural error. Yet as few cases are black and white it is worth at least contacting the Ombudsman for guidance.

There are three relevant services depending on where the fine was issued:

• In England: Use the Local Government Ombudsman.
• In Wales: Use the Ombudsman for Wales.
• In Scotland: Use the Scottish Public Services Ombudsman.

You can also take your council to court if it applied the law incorrectly. However, this will cost you a serious whack if you lose, and is therefore the nuclear option, so do seek legal advice first.

Police procedures do vary, but it's usually either a one or two stage process. Unfortunately, if you have a police ticket your chances of success are less than with a normal council ticket.

Stage 1. If allowed, make an informal appeal

Officially, appeals for police tickets can only be made via the courts, yet some forces do allow informal appeals. The notice or vehicle release form may indicate whether you're allowed to informally challenge it; if it's not clear call the issuing police force or any number listed on the ticket to check.

Usually, you'll be writing to a police force department called the Central Ticket Office which deals with many types of police fines. There are no forms to fill out, you just send a letter. Make sure you submit all supporting evidence to give yourself a greater chance of winning, and include an address, your vehicle registration number and the ticket number. To help here's a template to help:

If the police force rejects your appeal it will inform you in writing. If you win, then that's fantastic. If not, then move onto Stage 2 below.

Stage 2. The formal appeal process

If your appeal is rejected or you're unable to make a formal appeal, you'll get a Notice to Owner form with options to pay the charge, or to nominate an alternative driver's name (mainly for hire companies as the owner is responsible) or request a hearing at the Magistrates Court. If you don't act within 28 days, the fine will increase by 50% and you'll get a court summons.

What to do

The option if you want to contest it, is to opt for a hearing. This isn't an easy thing to do, and for all but the most determined or legally aware, it's probably best to simply accept the fine.

If you do decide to continue, you may want to consider legal advice as you'll have to attend a hearing to set out your case. In addition, if you lose, you may have to pay court costs.