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When Can You Contest Your Parking Ticket?

By raccars Published

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If you want to contest a parking ticket, the chances are that your appeal will be successful if you can make a good case. There are a number of reasons to invalidate a parking ticket and you must make your appeal based upon one of these. The grounds are:

  1. No offence was committed, such as if the signage was misleading, markings and signs were not clear or properly visible, you were loading or unloading versus parking, you were displaying a valid permit, the parking bays were smaller than set out in government regulations, or you were simply in the process of obtaining a parking permit.

  2. The amount of the penalty charge notice was excessive.

  3. There was a defective Traffic Regulation Order (TRO).

  4. You were not the owner of the vehicle at the time of the offence.

  5. The vehicle had been stolen at the time of the offence.

If you receive a PCN through the post rather than applied to your car, the issuing authority is obliged to supply photographic evidence that the offence occurred. Check the photo carefully to find reasons to invalidate it as evidence; for example, is the time and date correctly marked? Is your car clearly identified? Without clear photo evidence, the PCN cannot stand.

The local authority is obliged to send Notice to Owner forms within a reasonable amount of time. If you do not pay up within 14 days and a Notice to Owner does not arrive within six months, you have grounds for an appeal.

If you want to appeal on the grounds that you were in possession of a valid parking permit, even if this is not visible in the photo evidence, you will need to supply the ticket as evidence in your appeal.

The local authority is obliged to set out its own case clearly and a PCN must contain an explanation of the offence committed and the amount of the fine. It must state that the owner has 28 days from the date of the PCN to pay the fine and advise that a 50% reduction will be applied to payments made within 14 days. It must also advise that a Notice to Owner will be sent after 28 days of non-payment and give the address where payment should be sent. If any of these details are missing from the penalty charge notice, you can appeal.

Overall, there are a number of loopholes that can help drivers to appeal a parking ticket.

How To Appeal A Parking Ticket

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